A High Court judge has dismissed a legal challenge brought by constituents against Agriculture Minister Anthony Smith. The case arose from Smith’s decision to resign from the United Progressive Party (UPP), under which he was elected, to become an independent Member of Parliament (MP) before joining the Labour Party as a government minister.

Smith, now representing All Saints West as an independent MP, faced scrutiny from the UPP and some constituents, including UPP deputy leader and MP Sherfield Bowen. Represented by attorney Sherrie-Ann Bradshaw, the claimants sought legal clarity on his status.

On Thursday morning, Justice Jan Drysdale struck out the case, citing a lack of “specificity and clarity” in the claim which would make it difficult for both the court and the defendant to engage with the case effectively Drysdale said she was “unclear of the case to be defended,” agreeing with arguments made by Smith’s attorney Dr. David Dorsette who said the application filed by the constituents failed to mention the grounds or other information for their claim.

Justice Drysdale also ruled on an application to strike out affidavit evidence submitted by the constituents. She explained that the affidavit evidence could not substitute for the clear procedural requirements that should have been met in the original filing.

Even when suggesting that the claim could be amended, the judge noted that there are “no concrete proposals” and that attorney Bradshaw did not provide specific details of the changes to the court. Without such information, she said, the court could not properly evaluate the “feasibility or appropriateness” of the proposed changes. Allowing the deficient claim to proceed, Drysdale concluded, would be prejudicial. The court ordered the constituents to pay $1,500 in costs to Smith.

Meanwhile, the second defendant in the case, the Attorney General’s Office, has been directed to return to court on February 14, 2025, to address its own application to strike out the claim. Senior Counsel Anthony Astaphan, representing the AG, suggested that the ruling on Smith’s hearing should similarly apply to his client, given that their defence relies on the same evidence. Bradshaw has indicated her intent to file a notice of objection to the AG’s application.