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UBP rebels mull permanent injunction

Leader of The United Bermuda Party Kim Swan (Photo by Tamell Simons)

Rebel UBP members could completely axe their party’s merger if they resort to obtaining a permanent injunction.The handful of UBP members, led by leader Kim Swan, are to meet today to discuss the possibility of permanently trying to halt the merger between the United Bermuda Party and the Bermuda Democratic Alliance.They are understood to be growing increasingly frustrated that they have not heard from UBP deputy leader Trevor Moniz, UBP chairman and Senator Jeanne Atherden and UBP veteran John Barritt since the writs were served four days ago.They believe they have a “solid case” and want to put forward a constitutional challenge over how the UBP was to be dissolved and how the merger was to be carried out. The UBP members obtained a temporary injunction last week and it is understood that applying for a permanent injunction could be their next step.If successful in court, this would mean the UBP would have to pull the plug on plans for a merger to form the One Bermuda Alliance (OBA).Another option to be discussed at today’s meeting is to summons the three respondents to attend a hearing at the Commercial Court.The official launch of the OBA was called off at the eleventh-hour last week after the handful of UBP members questioned the lack of consultation in dissolving the UBP.They successfully won an interim court injunction on Tuesday last week with Mr Bannister telling Puisne Judge Ian Kawaley the process was “fundamentally flawed.”The papers, issued by Mr Kawaley, were served to the three respondents on Thursday morning and they were given 24 hours to respond.UBP leader Mr Swan is expected to arrive back in Bermuda today after attending his father-in-law’s funeral overseas. The members will then meet with their Attorney Graveney Bannister late-afternoon or early evening.Mr Banister yesterday confirmed he had heard nothing from the respondents and he was waiting for further instructions from his clients.It is understood the respondents have expressed a desire to voice their side of the argument but the UBP rebel members are losing patience.Mr Swan is said to have sent an e-mail to his colleagues requesting an urgent meeting on his return to discuss the matter further.They believe there is a strong issue to be tried in questioning whether the decision to dissolve was representative of the general membership.They believe there should have been consultation between the central council and the various branches to make sure decisions were made with the backing of party members.It came about after the UBP’s central committee members voted to dissolve the 47-year-old institution and merge with the BDA. A last-minute motion to join forces with another unnamed party was voted down, 63 to 19.It is understood that both sides are taking the legal proceedings seriously, and neither side are showing any signs of resolving the issue outside of court.UBP MP Charlie Swan, who was one of the main players in obtaining the injunction, is off island until Wednesday for his son’s wedding, but he said decisions could be made in his absence.He said: “I hope whatever meetings that are planned prove fruitful so that negotiations can move forward.“We are only interested in providing a united Government, rather than a united opposition, so we are making sure we do things right.“They just need to do right by our (UBP) constitution. We are about good Government which all Bermudians are seeking.”UBP candidate Devrae Noel-Simmons, who is also named in the injunction, said they were looking at “where to go from here.”He said: “No one is backing down, this isn’t just going to go away. There is too much history, blood, sweat and tears behind this party to just let it go.“It’s all about doing what’s in the best interests of the people. If we are going to have change, we have to do it right.“We shouldn’t have tried to race anything through before the House of Assembly returned.”Mr Moniz, Mr Barritt and Ms Atherden did not return calls for comment. But they have previously told this newspaper that the matter was now in the hands of their lawyers.Kim Swan did not respond to our requests for comment yesterday.