Warner threatens legal action against UNC

United National Congress (UNC) deputy leader Jack Warner has written to all members of the party's national executive (NATEX) expressing "deep concern" at recent events and warning of legal action if his concerns are ignored.

He told NATEX members rather than "wasting our collective energy on internal backbiting" the party should work as a united front to promote the cause of the UNC.

However he said if he does not get "speedy and satisfactory answers to this letter, I shall be forced, however reluctantly, to seek the assistance of the courts to compel you to act in accordance with the Party’s Constitution."

Warner's letter outlined some of his concerns, which include a "purported meeting" on Oct. 25 that approved a resolution for a Special National Assembly to be held on November 29th 2009.

The assembly is intended to review the UNC's previous decisions to postpone internal national elections until local elections had been held, and to set a date for January 24th 2010 for the holding the elections.

Warner said the October meeting was unlawful because according to the party's constitution the executive has no legitimate standing and therefore cannot legally summon a congress.

He explained that all officers, including the political leader, are supposed to hold office for a maximum of two years. In the case of the present executive they have been in office since November 2005, which is well over the constitutional limit.

He also said the list of financial members is not accurate, therfore delegates to any congress or assembly selected on the basis of the exisiting list would not be bona fide representatives.

"The present membership list woefully lacks the accuracy required to lend legitimacy to the hierarchy of the Constitutional organs within the party," he said.

He said none of the delegates to the October congress was in a position to consult with the 50 members they are supposed represent, nor were they able to seek a mandate from them "as to what position they should adopt with regard to any resolution tabled for debate and adoption at the National Congress purportedly held on October 25th 2009."

He added, "Even if one makes the quantum leap assumption that the 25th October 2009 National Congress was validly called, the manner in which the vote was taken renders the decision invalid."

Warner said the resolution to call a Special National Assembly cannot stand since no count was taken to determine that the resolution was supported by at least two thirds of the financial members at the congress.

The Chaguanas West MP said the real problem in the party today is "a democratic deficit" and suggested that this won't be fixed until proper internal elections occur based upon an accurate list of financial members eligible to vote.

"Therefore, my first request...is that you urgently provide me with a complete list of all financial members, identifying any dues that have been paid in respect of the current year.

"I believe that such a list will comprise of perhaps somewhere between 20,000 and 40,000 names," he wrote.

He also asked for "a proper assurance" that the election would be held in accordance with the party's rules.

He reminded the NATEX members that they are responsible for the proper functioning of the party in accordance with its constitution and that each of them would be personally liable for all my damages and costs if "Iam forced to commence proceedings and succeed before the court".