It is naturally disappointing that the court has decided not to grant an injunction
against the sale of the Alfa Nero vessel, though this has no impact on our
constitutional claim, which is still being pursued in the Antiguan courts.
We expect to prevail in the constitutional claim, and for the purported seizure and
auction to be invalidated. To be clear, the Alfa Nero was never abandoned, as has
been claimed. Prior to the seizure and auction, both the Antigua and Barbuda
Attorney General and the Port Authority Port Manager were made aware of both
the ownership of the vessel by a trust company, as well as the identity of the sole
adult beneficiary of that trust. Neither has disputed these facts in court nor the fact
that these approaches were not responded to.
The various arguments given by the Port Manager (Mr. Telemaque) and the
Government, for the need to seize the vessel are embarrassing for the Islands of
Antigua and Barbuda. Mr. Telemaque made numerous claims about the condition
of the Alfa Nero, citing possible environmental damage that could occur as well as
a danger to shipping, yet in televised interviews at the auction he said it was in
“pristine condition,” suggesting his earlier claims were merely to enable the
seizure of the vessel.
Dr Dorsett, representing the appellant in the case, said, “This whole
situation, and growing expense for the people of Antigua and Barbuda,
could have been avoided had the Government not ignored the approaches to
it by the owner of the Alfa Nero prior to the auction. We will continue to
fight for the return of the Alfa Nero to its rightful owner and to challenge
the unconstitutional changes to the law which enabled the seizure of
someone else’s property, without compensation in the first instance. Whilst
we await the full detailed judgment, we note that the Court of Appeal agreed
that my client has a good arguable case that the Port Authority
(Amendment) Act could enable the confiscation of property without
compensation, in violation of section 9 of our Constitution. We are
considering all options, including appealing to the Privy Council.”
Press Statement ends
Yours truly,
David Dorsett
