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In recent weeks two issues have surfaced above all others which have served to vex the BU household. There is an unwritten rule in Barbados if one has to be critical of the legal community or Mrs. Ram  instinctively you breakout in cold sweat and may even shiver. Mrs. Ram is said to be a lawyer and has judiciously picked her battles with others through the years. The legal community with its several parts always seem to be able to intimidate all-comers because of the intimate knowledge of the court set-up which remain a mystery to most; others may add that our government and ancillary governance systems are controlled by members of the legal community.

In his most recent article Henry felt pushed to pat Mrs. Ram on the back when he wrote …I take my hat off to Mrs. Ram Merchandani and her team at Casa Grande. She could have thrown her hands up in despair, but rather she has gone outside of the box and established a family oriented entertainment centre that’s like a God send for thousands of persons, visitors and locals alike, each week. Why can’t others get up off their hind and do likewise?

From all reports Casa Grande which has been converted to an amusement centre continues to be a big draw card for entertainment starved Bajans. Originally constructed to be a low budget hotel located strategically 5 minutes from the airport, the owner to prevent a financial disaster has demonstrated some quick thinking to save the enterprise. A visit to the widely read TripAdvisor listed a litany of woes which visitors to Barbados experienced while staying at the Grande.  Of late on any weekend hundreds of people can be seen visiting Casa Grande to drive bumper cars, amuse themselves in the arcade and believe it or not, to bowl.

Here is the problem BU has with Henry bigging up Mrs. Ram. Has the Furniture Limited building in Bridgetown been remodeled by the astute Mrs. Ram to reflect the fact the owner is concerned with ensuring that many Barbadians, especially Black work in a decent physical environment? It begs the question what have our unions and inspectors from the Barbados Fire Service been doing over the years. BU will not touch how the Liquidation Centre continues to operate on Lower Bay Street.  Yet we have the government’s leading political strategist bigging up this woman?  Perhaps an opportune time to ask for campaign finance reform!

Woe betide anyone who crosses this woman it seems!

The other matter which blew all of BU gaskets was caused by the recent utterance by Justice Elneth Kentish …the courts are being held to ransom by accused persons and by lawyers for accused persons. They are running the show,” she declared. In fact, the judge feels the Sessions in her court have all but “ground to a halt. Obviously this state of affairs if we follow Justice Kentish has been occurring for some time. Bear in mind former Chief Justice (CJ) David Simmons recently retired to glowing tributes from all and sundry. How can the person responsible for the efficiency of the judiciary be given an A for performance by his peers and others in his charge and a few weeks later a Justice of the High Courts of Barbados is driven to issue such a damning statement?

In the same way we can’t get the PSV sector to work so too the Judiciary?

Recently the acting Prime Minister Fruendel Stuart in a response to criticism that the CJ position needs to be filled, he indicated that no pressing matters were being held back because of the CJ vacancy. Hellooo, earth to Staurt and BU quotes,…I do not know what has transpired or what has changed that culture but the culture we are at now is where this system is grinding to a halt. In fact, the judge said, in the past few days, in this court, this system has ground to a halt.” Justice Kentish was yesterday expressing her displeasure after a number of accused appeared before her and offered a range of excuses as to why they were not ready for trial. Does the above paint a picture of an efficient court system Prime Minister Fruendel Stuart?

If we are to understand the root of the problem according to practicing Attorney Hal Gollop Sr., Barbados has too few lawyers practicing criminal law. As a result of the paucity of criminal lawyers who find themselves under pressure to serve all the Courts where they have matters pending this has led to the gridlock Gollop opines. BU says this is bullshit. Read the flimsy reasons in the media report which don’t mesh with Gollop’s position which he offered on a talk show recently. Please tell BU why the Barbados government is continuing to finance tertiary level law students to feed an inefficient judiciary?

BU notes with interest that Justice of Appeal Frederick Waterman who acted in the post of CJ when Simmons retired has indicated no interest in sticking around. Will Prime Minister Stuart appoint Justice Williams which would be seen as maintaining the status quo?  For a government which sailed into office on the wings of change what would be left to say by the appointment except, the more things change the more they remain the same!

Much more can be written about the gridlock which is currently afflicting our Judiciary, it is enough to remind all parties that justice delayed is justice denied.


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143 responses to “Matters Of Concern”


  1. @Anonlegal

    You may intellectualize on this matter but the average Barbadian understands that the court system in Barbados is manipulated by many lawyers to satisfy agendas. That is the bareface reality. It can be illustrated by asking why the Jippy Doyle case took 7 years of frustrating the court before being concluded.


  2. David said:

    “You may intellectualize on this matter but the average Barbadian understands that the court system in Barbados is manipulated by many lawyers to satisfy agendas.”

    What are the agendas?


  3. All right, all right, who left Jenkins gate open? The nutjobs are out in force all of a sudden, so quite frankly, someone has left their post at the guardhut of the madhouse.

    Unless of course, due to the high cost of the drug service, nutter medications are no longer being distributed at the pharmacies?


  4. @Anonlegal

    Let us start at frustrating the system which sometimes can result in witnesses falling off the radar.

    There are times when evidence may become compromised because of the length of time a matter takes.

    Sometimes it is just plain old fashion wuflesness on the part of the bigshot lawyers who believe the court’s schedule should accommodate the personal schedule of the lawyer.

    Not exhaustive by any means.

    BTW Barbados has a new Attorney General, he is Adriel Brathwaite MP, St. Philip South.


  5. @David ‘BTW Barbados has a new Attorney General, he is Adriel Brathwaite MP St. Philip South”

    Oh, boy????!!!!

    Duly noted.


  6. By the way, best wishes to Mr.Brathwaite in his new role.

  7. Georgie Porgie Avatar
    Georgie Porgie

    Crusoe
    Re Unless of course, due to the high cost of the drug service,

    So that you know.
    When I made my proposals concerning the NHS in 1985. I suggested a pilot project to benefit the children from 0-12 and for the elderly 65 and over, with a view of asessing costs, before embarking on a full blown system similar to the British NHS.

    The idiots did not listen because they were close to the end of their second term and the 1976 promise to institute a NHS had not yet been fulfilled.

    Having followed the British system as a keen reader of the Journal of the MRCGP I knew that drug costs was by then causing problems with their system.

    No one can discontinue the free medical care now. So the high cost of the drug service, will continue ad infinitum ad nauseamque.


  8. David,

    I understand you to be saying that the problem of delay in criminal matters is mainly caused by Attorneys deliberately seeking unnecessary adjournments in hope that witnesses lose the zeal to testify or that evidence becomes compromised.

    I am not convinced but I will admit that I don’t spend that much time in the criminal court to refute your theory.


  9. @GP, noted Sir. But, if it has a cost, revenue must be fortcoming. So, if costs are impacted by inflation, no one should complain when a specific tax is raised to accomodate.

    However, as some of you have stated on this blog recently, everyone wants to go to heaven, but no one wants to die….lol.

    We all want the best medical care and roads, but no one (including PDC) wants taxes….

    Go figure….


  10. I really do not see the issue, the trial judge should give ‘x’ time for the attorney /s to get prepared, full stop.

    At that, the judge has complied with natural justice and necessary requirements to ensure constitutional rights to a fair trial (unless specific evidence such as forensic is outstanding).

    After that, subject to *very* unusual circumstances for subsequent repeat adjournment, start the trial and where necessary, hold a lawyer / defendant in contempt.

    This is why I partially could not understand Justice Kentish’s statement, she has much in her power.

    No?

    If necessary, legislation should be passed to define rules of evidence and adjournments, only under specific circumstances.

    Unfortunately, that then will make the judge work under limited parameters, which the same attorneys may well rue.

    But, as with anything else, if you abuse it, you lose it.

  11. Georgie Porgie Avatar
    Georgie Porgie

    Crusoe
    I am not against taxes.And I know things cost.
    But my point is that the children needed the care so we would have healthy stock for the future. It was also to be an ease on parents

    The elderly who had worked to buid the country deserved the free care.

    By acessing the cost we could have gradually added special groups like asthmatics etc.

    Often times those who ought to have benefited from the service most were often displaced and made to wait long hours to be seen
    .
    A free for all was implemented for political reasons without thinking about the costs and without using statistics from the model that they had sought to follow which was already failing. Hope this makes it clearer.


  12. @GP, yes, very clear. Point taken. I take it chronic disease patients would have been priority over say, occasionally ill etc.

    Makes much sense.

  13. Georgie Porgie Avatar
    Georgie Porgie

    Crusoe

    You got it
    We would have had less of a free for all and perhaps better care delivered more expediently to those who got it.

    One of the major problems is the wastage of costly drugs which are just not taken


  14. Crusoe said:

    “I really do not see the issue, the trial judge should give ‘x’ time for the attorney /s to get prepared, full stop. At that, the judge has complied with natural justice and necessary requirements to ensure constitutional rights to a fair trial (unless specific evidence such as forensic is outstanding).”

    I don’t get from the nation article that attorneys are saying that they are not prepared. The complaint seems to be that the attorneys have other court matters scheduled at the same time. She also seems to suggest that everyone is retaining the same four attorneys which increases the likelihood of a clash. She states:

    “We cannot have a system where accused persons are selecting one of four lawyers or one of three lawyers and then coming to court and saying their lawyer said he/she cannot come to court because they are in another court”.

    So a judge may say that an attorney must be ready by “X” day, full stop. However, on “X” day the attorney may be scheduled to be in another trial (for which he also needs to be ready, full stop).

    If the judge orders the trial to continue even though an accused is unrepresented by counsel it may, depending on the circumstances, be considered unjust.


  15. @AnonLegal,

    Point taken, then IF that is true, the issue is one of case management and steps would be needed to have a special administrator, reporting to the Registrar, whose sole purposes is to liaise with Judges / Judges Clerks to arrange cases, to ensure no duplication.

    No?

    But, that must surely be only one facet of the overall complaint.


  16. I believe that teachers are the most deserving of respect of ALL professionals. They impart information that is intended to improve the lives of citizens. (I say this for the benefit of GP and Jeff)

    Now that having been said … Doctors and Lawyers are the most classic examples of BOTTOM FEEDERS imaginable…! They thrive on exploiting the most basic needs of ordinary people… Now they are the running our countries…! My GOD..!


  17. Seriously folks maybe the one reason why Ba’bados has more lawyers per capita than anywhere else in the New World is because we are the only idiotic collection of tax payers in the WHOLE world that prefers to continue footing the bill for the bulk of their education…!

    Really, what are taxpayers getting for such an ongoing “investment”?

    IS IT NOT TIME FOR THE LAW FACULTY TO BREK FAH ITSELF…? Can Ba’bados in dese times afford to continue paying Jeff’s salary?

  18. Georgie Porgie Avatar
    Georgie Porgie

    BAFBFP
    Man I am a mere teacher now man. LOL
    Actually I went to med school in the hope of being a med school teacher.LOL
    Worked in the Public Service and put my little salary in real estate.

    Never made money in Medicine man. LOL Guess I was foolish.


  19. @Anon Legal

    I am aware that problems do exist in criminal courts, and that sought after barristers can be very busy and have to be accommodated in the interest of justice…but that is not new. However, my point is that some of the problems “highlighted here” have been at first hearings. I “know” it is difficult but if resources are the problem, that should be said up front, do not justify the problem because of a Constitutional or Law requirement…when that is not the case.

    Finally I did not say any problems to which many commenters here referred was as a result of:

    “…the incompetence of lawyers Judges and court Administrators”

    I prefaced my remarks with: “This is not an attack on lawyers.”and by implication Judges and others.

    I made it quite clear Case Management appears to be a problem, but if “resources” are…there is indeed a long haul ahead.

    The scenario to which alluded has to be dealt with on the spot as many variables have to be juggled with at the same time.

    I again refer to what was first mentioned on BU and caused my input…adjournments.

    (1) All applications to adjourn require a judicial decision; and must be considered carefully.

    (2) Some adjournments may be unavoidable e.g an adjournment for trial or for the preparation of committal papers.

    (3) If an adjournment is necessary, give clear directions as to the purpose of the adjournment and the expectations of the parties for the next hearing.

    Consider:
    – Who is making the application?
    – What is the history of the case?
    – Have the parties behaved in accordance with the CPR ( criminal procedure rules) and compiled with previous directions?
    – Whether the decision to grant or refuse the application will have a prejudicial effect on the overriding objective of dealing with the case justly?

    From what I have read here on BU… those rules do not seem to have been followed…and our system is not better as a result.

    I stand by the comments I have made, however, I take on board you comments about “resurces”.


  20. Anonlegal, you mention resources and quantity of judges.

    Fifteen years ago how many judges were there? Now how many are there?

    The backlog has not changed, indeed adjournements etc seem a worse problem.

    I suggest that resources per se are not the issue, but capability and resource efficiency IS.


  21. Negroman // July 6, 2010 at 4:47 PM

    Bonny Peppa my darling sweet heart you know I will never forsake you or BU.I was on a sabbatical.
    …………………………………………………………………………………………………………………………………
    Wow Negroman. Your sabbatical like it created a monster out of you. Those degenerated adjectives espouse at people were unnecessary and should be removed from the discussion.

    Another negro Man


  22. Man GP it seems that there are those who are just born to teach. I must have come across as many as two such people in my entire life. One such person is Patrick Frost who finally decided to quit the profession after he found the new co-education environment a little too unmanageable.

  23. Georgie Porgie Avatar
    Georgie Porgie

    LOL Patrick was not the only one. Some of the men at Kolij also fled in haste with the advent of co-education


  24. GP

    Any male that could teach a pubescent female to do anything is a male worthy of awe…!


  25. Crusoe
    Man,man nabody in leff Jinkins gate open. We jump ova de wall dis time man. I feel dat my han brek too but ,but, but, man, we headin strait fa you houseeeeeeeeeeeeee. yeah, yeah, yeah, uh-huh, uh-huh, yeah, yeeahhhh.


  26. Bonny, don’t worry, I am used to mad people coming up to me when I walk about. Do not really do not know what it is that seems to attract them.

    Go and get Doc GP to rub your hand and anything else that is hurting, that it may be soothed. He may even have something more efficacious.

    A good rub oftentimes very helpful at alleviating an ache.


  27. @BAFBFP, Careful there laddie, you are treading a fine line, if you get me.

    If you are above 18 and she below 18, you must treat any female as but a sister or daughter.

    After 18, well…that is up to you two.


  28. Crusoe
    It mussy you pafume dat does attrack we madmans ta you. No, I want de Minista a Healf ta look afta my brek han. Den I gun ‘ga-off’ pun he man.( “you kno how long i did waitin fa dissssssss?’)

    If I know BAFBFP he gun tell you as long as she in he sista or daughta, all’s well dat end’s well. Trust me. He is easy, hear?


  29. that should read, “He in easy, hear”?


  30. @David and others: Juxtaposition the attitude and treatment of her black workers by Mrs Ram with the exposure of things in Guyana, and they fit like a glove. Whatever you observe in the attitude of Mrs Ram, multiply it about three hundred thousand times, and that is Guyana.

    You cannot change the ingrained cultural prejudices that went into the makeup of these people from the moment they were born. It is what it is.

    Here is an example. We talk a lot about white racism and colored solidarity. Find any example of Indians and Asians coming out en mass in support of protest of African Americans or Africans anywhere. Contrast that with the predispositon of Aficans every where, including the most powerful African body in the world, the congressional black Caucus, to support the concerns of all of these disparate groups. We need to let them fight their own battles with the white man or whoever they are in conflict with, and get about the business of repairing ourselves.

    Indians like Mrs Ram are racist and will always be that. They interpret their religion to mean that we are inferior, and this defines their treatment of and atitudes towards us.

  31. Bonny Q. Peppa O’Dat Ilk Avatar
    Bonny Q. Peppa O’Dat Ilk

    Negroman July 6, 2010 at 4:47 PM

    Ya got ma bawlin, Negroy exclamation, emoji, an tree exclamations.

  32. Apostle Joy and Apostle Joy Jr. Avatar
    Apostle Joy and Apostle Joy Jr.

    Ya got ma bawlin, Negroy.

    Wait. … Even the kind of subpar people at UWI can see that this is plagiarism. What bushie what? Baffy ya got ma bawlin o dat ilk, what? De algorivim got ma bawlin, what?

    Dickheads.

  33. Mike Romock [engineer) Avatar
    Mike Romock [engineer)

    Ya got ma bawlin, aposil. Wunna have check out bushie on fb? Dat pichfor on de garryson got all a we … bawlin


  34. Ya got ma bawlin, Davy. Exclamation. Smiley face, ellipses….. and ANOTHER exclamation. Dat got me an my fren Mental Shakulls jus. …. bawlin exclamation.


  35. Halsall, July 6, 2010 at 4:56 pm:

    “ROK’s comments remain here on BU, don’t they? Empirically, yes.”

    Empirically, no. They don’t.


  36. A worthwhile repeat from the BU archives …

    “I sure you are a Jew … Every time you post a message you are traceable down to the street and building you in. I WILL GET YOU. And I DON’T WASTE MY TIME MAKING IDLE THREATS.”

    What a guy that man was.


  37. Seriously, though. Just what kind of a person do you have to be to write something like this?

    What do you think, Chris?


  38. Bonny Peppa have tell we a deliverance on July 8, 2010 at 7:51 in de AM.

    Here it are …

    “Crusoe
    It mussy you pafume dat does attrack we madmans ta you. No, I want de Minista a Healf ta look afta my brek han. Den I gun ‘ga-off’ pun he man.( “you kno how long i did waitin fa dissssssss?’)

    If I know BAFBFP he gun tell you as long as she in he sista or daughta, all’s well dat end’s well. Trust me. He is easy, hear?”


  39. That’d be BAFBFP the creepy waxy guy?


  40. The “rape is fun” guy?


  41. Baffy has an opinion. Let we never forget it. Here it is:

    “Seriously folks maybe the one reason why Ba’bados has more lawyers per capita than anywhere else in the New World is because we are the only idiotic collection of tax payers in the WHOLE world that prefers to continue footing the bill for the bulk of their education…!

    Baffy has opinions about rape.


  42. Baffy’s written and recorded opinions about rape (it’s “fun””, apparently) will fuck up his drab life forever.

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