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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. Pretty Blue Eyes Avatar
    Pretty Blue Eyes

    What I know is that Mrs. Ram is a qualified Lawyer she just does not practice though, so she knows how far to go without breaking the law. I am baffled that the minister would heap praises on her for the hotel when as far as I am concerned, it is a class 2 rating.Furniture Limited is a health hazard if is filthy, how could he ignore that,and Handyman’s hardware is just an accident waiting to happen.Can’t speak of the vehicles they import for sale just yet. I find when the politicians get their hands greased with these people money they become like dogs lapping at the rich man table, when will they call a spade a spade


  2. Mrs Ram is the Original Untouchable,at least here in Barbados. Some years ago, I had an incident with a lady, She called her husband to the scene. Next day I was surprised to see this very same lady, behind the Supervisors/Managers desk at Liquidation Centre. At the time this lady’s husband was a very high ranking policeman, and her son a senior person at Town & Country planning, which explains why Mrs Ram is able to operated her trucks and forklifts,contra traffic flow on the bust one way Upper Bay Street,display goods for sale on the pavement and be able to build a monstrosity less than the length of a Bob Cat away from the main road.
    The relatively new Builders Value Mart on Baxters Road, has followed in the same vein of her other outlets. Its a fire hazard with the passages taken up to store goods. Goods are strewn all over the place. There is only one entrance /exit door, as the back door appear to be closed off for fear of some one running off without paying at the other end. Paint products are stored next door to wooden products, and in case of a fire, God helps anyone who happens to be in this establishment.
    Sometime ago I called the police to enquired about some small motorised bikes, which one purchaser assured me that he was told by this same establishment that no type of license is required to operate this cycle, which is contrary to the Road Traffic Act.
    Politicians ,Police and Public Servants , need to take a lesson from Tivoli Gardens , as he/she who pays the piper always expect to call the tune.


  3. Mrs. Ram may be a lawyer someplace else. But she certainly is not qulaified or licensed to practice in Barbados. So therefore she is NOT a lawyer in Barbados, just as certainly as I am NOT a lawyer in Afganistan.

    Hartley Henry is a PR man. He will say anything for anybody who pays him.


  4. And partially to blame for this woman’s treatment of her workers, is the workers unions. They are/were stories abound that when some of the braver employees seek out membership of a union, before they get back on the job, Mrs Ram is informed. I understand that front desk workers at the Casa Grande are made to do work which normally is done by maids and cleaners in other established hotels.
    I do hope that the fleet of tour coaches operated by this hotel are properly maintained and undergo the full normal MTW inspection.


  5. People are only untouchables because we make them so. Mrs. Ram has no more power than we permit her. If she has too much power than we have to ask ourselves why do we permit this?

    For a mess of pottage?

    Stupseeee!!!!!!!!!!!!!!!!!!!!


  6. @J. I completely agree with you. AGAIN!!! Well said.

    @David. Justice Kentish, for all her multitude of faults as a judge, is CORRECT. And the acting PM is an ass. While it is true that most lawyers in Barbados would rather stay away from criminal law, they nonetheless CAN AND DO take on criminal cases in an affort to assist the judicial process.

    I cannot believe that the acting PM has made a remark of such incredible stupidity. The courts HAVE ground to a halt. There is a MASSIVE backlog of part-heard cases (being cases that have started and been adjourned and then not restarted – some for as long as 3 years and more). The Registry is a total mess, a mess than has been allowed to expand on the total shambles left by Marie MacCormack (for those of you who don’t know the name, she is Lady Simmons, the wife of David Simmons).

    Mostly, I cannot believe that jackass acting PM. It is high time he took his head out of either his own or Hartley Henry’s nether orifice. I hope David Thompson gets well and back soon – otherwise we are going to end up with Barbados’ equivalent of Gordon Browne – not voted for as PM, no competence as PM and thrust upon us, until we get to the ballot box and fire his ass.


  7. By the way, the acting CJ is Justice of Appeal Sherman Moore. He is a very sound jurist and scholar, but there are serious question marks as to his abilities as an administrator – and it is an administrator that we need now. Badly.


  8. The scary thing with the recent nomination of Wilfred Abrahams is that lawyers continue to get the nod to represent the respective parties in Barbados. Did the people not vote for change, has it not registered with either party?

  9. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    I do not understand your last comment, David. Wilfred was nominated and selected by popular vote; are you saying that being a lawyer should disqualify one from nomination?

    So far as the law is concerned, Kentish J is bemoaning the traditional bogeyman of the court system; the adjournment. Of course, one could refuse a request for an adjournment and hear the case, but will that be in keeping with the constitutional guarantee of a fair trial if the accused (nor his/her lawyer) is not ready to proceed? The appointment of a CJ will do nothing to change this!


  10. Yes being a lawyer should be grounds for instance disqualification from the nomination process. Such is unlikely however, so I would encourage voters to look at the institution and class of which this candidate is a member and asks themselves if they stood a good chance of being cheated, delayed, and denied proper representation of their local needs. His profession does a lousy job when paid to perform personal services, what best practices does he brings to persuade us that it will not be more of the same from them in public service to 8-10k constituents?

  11. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    AH, you are aware, of course, that this would have instantly disqualified the current PM, as well as Barrow and the two Adamses. But as was said by Alexander Dumas jnr.; “All generalisations are dangerous, including this one…” All lawyers are not evil!


  12. @Jeff

    Reference to Wilfred is in the context that the system democratic though it is continues to inject more lawyers into it. How can we get change if the political directorate is locked in the inevitable groupthink?

    On the question on whether a visionary CJ can lead change by creating a shift in paradigm BU respectfully disagrees .


  13. The following PDC post is based on a news story that has been carried in the online format of this week’s edition ( 5 July, 2010) of the Barbados Advocate’s weekly business news instalment: the Business Monday.

    Titled: Barbados should have toll system, this story is oriented around the views of the ever controversial Anglican priest, Father Errington Massiah – Rector of the St. Joseph Parish Church, Horse Hill, St. Joseph – who – recently at a DLP lunch time address – called for the introduction of such a wicked evil toll system to – as the story goes – help finance the road system network in the country.

    Indeed, a careful reading by anyone of the below reproduced version of the story in the Business Monday, would verily indicate, et al, that he repeated the call on Friday gone, perhaps in an interview with a Barbados Advocate journalist.

    Now, this is our quick response to what Reverend Massiah was reported as saying/re-emphasizing.

    Mr. Massiah, you are talking utter rubbish filth, and we want some others who have read this post, if they can, to tell you so for us, that you are talking absolute excreta, and wallowing in it like a ten month old child.

    Here are just five reasons from us – which constitute the substance of our response to your rotten suggestion – as to why you are talking such shit – such silly nonsense.

    1) The Holy Bible – in the Ten Commandments – states thou shall NOT steal – TAXATION is theft by the state. Most Christians – like you – adhere to those biblical commandments in their daily lives.

    Thus, as an experienced Christian priest in the Anglican Church these are things that you must know.

    Yet, that you support the introduction of this form of theft – while rightly denouncing other forms of theft, is indicative of the sinful hypocrisy that many others talk about that exist within the ecuminical church in this country.

    In this case, you are not so much prepared to lead many other people by example, but you are preparing to follow some other people and their corrupt thinking in this state of deepening moral and intellectual bankruptcy in this country, and preparing too to glibly uncritically follow what happens in some other countries in regard of the presence of these theiving road toll system.

    2) The Prime Minister in his July 7, 2008 Financial Statement and Budgetary Proposals – unwisely increased the TAXES on the incomes of owners of vehicles, on the incomes of various classes of holders and prospective holders of vehicle driver licenses, holders of permits, etc. according to the following source blog.moontownbarbados.com (re it copying and installing of a Nation news story), by an additional $46 million effective August 1, 2008, to meet what he ( the Prime Minister) said would have been substantial increases in Government spending in respect of highway construction and maintenance, and because the new Government of his was “saddled with the costs of financing and servicing the obligations left to us by the former administration in respect of the ABC Highway widening and flyover project”.

    However, the great catastrophic resultant effects of all of that plus other impositions of higher TAXATION in the said 2008 Financial Statement and Budgetary Proposals, were that these measures contributed tremendously to a series of massive contractions in the so-called Barbados economy in 2008, and in 2009, and surely for this year too – because the theoretical levels of TAXATION (NOT yields – or amount of thefts) have remained the same – and inspite of the recent remeasurement of the GDP to make the economy look better.

    So, there you have it, Mr. Massiah, we have had that kind of story being loosely peddled by many before and still the conditions of many of our roads are getting worse and worse.

    3) The conditions in our roads get worse for many reasons – NOT because of a lack of government thefts or borrowings to finance the repairs or new roads, BUT partly because of weather conditions adversely impacting on the physical state of the roads; But partly because of wear and tear, “naturally” and by much vehicle use; BUT partly because of how proper/improper the roads are built or repaired; But partly because of who builds repairs them – the government of the private sector; BUT partly because of use of whatever quality (good/bad) of material or machinery or men.

    And therefore NOT as you so illogically suggested on the direct reflex of your central argument that a lack of financing is causing a great lack of proper roads, so therefore let us have this stupid so-call road toll system implemented to help finance the road network sytem of the country.

    So, you, Reverend Massiah must know that the idea of introducing such a toll system to supposedly finance the road network of the country will already have proven to be disastrous already, or in many cases proven to be irrelevant or inapplicable to certain circumstances involving the road development aspects of this country, as that as illustrated earlier there is absolutely NO DIRECT OR INDIRECT relationship between the STATE AND CONDITION of our roads and the incomes the government steals or borrows, and as shown earlier too there are other factors that involve nature of the existing quality ( or lack thereof ) of our roads.

    What is however worst for this country and road users and vehicles (value) of this country is that the higher the financial deficit/debt of the government, the lesser the NUMBER of roads and road repairs there are and will be overall, and the greater the NUMBER of roads that are in totally unsatisfactory conditions.

    4) You, the rabble rousing Mr. Massiah, must also be told in no uncertain terms that the lesser and lesser TAXATION there is in this country, the better and better it would be for the income generating potential of the masses and middle classes, the productive potential of the commercial sectors country, etc. and told that A NO TAXATION MODEL is the best way forward for all the people and all the country, as that TAXATION is inherently anti-income generating, anti-productive anti-developmental in all senses.

    So from whom will the Barbados Government be able to steal enough portions of income from to build and repair roads, and to repay previous loans used to help finance road building development projects, when already the incomes of the productive sectors and the personal sector are being decimated by GOVERNMENT TAXATION? hUH?

    Too, even in times when it appears that the so-called Barbados economy is doing better because of higher levels of production, investment, consumption and income related activities taking place in the country, mainly through domestic credit expansion and greater foreign capital inflows, the so-called Barbados economy is always at the same time tending towards disequilibria largely because of Government TAXATION, and constantly huge governmental amortisation repayment costs – plus massive interest rates costs too – relative to earlier borrowings from the local and international financial private sector – some of which have gone towards non-income generating road building development.

    The fact of the matter is that though some of these non-income generating projects of the government like road building and repairs – are in themselves absolutely necessary – too many of them at one time or too many of them overall will create – as is happening right now – myriad financial and other problems for the government and the people of this country.

    As it stands now, this stupid idea of a so-called road toll will not solve this perenniel deep rooted problem that both DLP and BLP Government have in not properly efficiently managing the resouces, the stolen incomes of the people and what ever incomes are borrowed.

    The issue here is gross and reckless mismanagment of the assets, resources and fiscal affairs of this country by both DLP and BLP Governments over the years.

    So, Rev, you are raising a damn flipping red herring that is all.

    5) Too, Rev, it is so sad and sickening that you have joined company with a big darn fool from the east who some couple of years ago in Barbados also wildly suggested the introduction of such nonsense to this country. Truly, we never thought that you would join his company in this a way!!!

    Well, the fact of the matter is that it does NOT matter where and at which points and under what terminologies TAXATION is imposed, it is still TAXATION at the end of the day.

    It is still the demonism and devilishness of stealing from the general income of the relevant people and others in this country.

    It is still the imperial divide and conquer method that is being perpetrated in this country.

    It is still a vestige of the old tyrannical despotic Kings/Queens and Emperors/Empresses of yore anciency.

    Still your idea is a reminder of the massive harmful pychological and ideological effects that many of the Barbadian people have been suffering from as result of being enslaved and colonized.

    But, this reference to these instances of negative related to TAXATION are is no excuse for you to suggest such a wicked devious road toll system since you know very well the Golden Rule – Do unto others as you will like them to do unto you!!

    The corollary of which is that you would like no one to steal from you, yet you would like the government to do that to others??!!

    Reminds of the reputed Boscobel Road Toll Gang in St. Peter.

    Wonder what is the difference between what they allegedly do and what you are suggesting?

    Wonder if that so-called gang stole part of your income as you went through Boscobel, what would you have to say then??

    Rev, this time you are – figuratively speaking – in really bad company, and still you might not see the connection between what they do and what they see happen overseas, directly or indirectly, in terms of the exacting of so-called road tolls by foreign governments.

    What a pastoral joker cum political joker!!

    Anyhow, in closing we reproduce the earlier mentioned article in this week’s Barbados Advocate Business instalment.

    —————————————————————————-

    7/5/2010

    AN Anglican Priest is sticking to his guns in calling for the introduction of a toll system to help to finance roadwork in the country.

    Reverend Errington Massiah of the St. Joseph Anglican Church, who made the call at a recent lunchtime function of the ruling Democratic Labour Party (DLP), did so again on Friday.

    He is reasoning that this ought to be the way for Barbados to go.

    On certain highways across North America and Europe and even in Puerto Rico, motorists have to pay tolls which are collected at specific points on those motorways.

    Reverend Massiah maintained that it is done by other countries and there is also the fact that Barbadians who drive when they go abroad, have no alternative but to comply with toll regulations.

    He acknowledged that there are people in Barbados “who would object to me and this toll system”.

    But according to Reverend Massiah, “some of them who lived in Barbados go to New York and they pay the toll when driving on the highways.”

    He said the collapse of the Bridge at Joes River, St. Joseph, has created some inconveniences for him since he has to use that stretch of the highway to travel from St. Joseph Parish Church on Horse Hill, to St. Aiden Church which is located in Bathsheba. (JB)

    —————————————————————————-

    PDC


  14. David,

    I understand what you are saying re Wilfred, but I still find it discriminatory. The reason why there are so many lawyers in politics is that it is an independent profession in which you use your words and voice to persuade others as to the rightness of a position; an admirable fit for political representation.

    You will have to enlighten me further as to how a CJ can prevent adjournments in a court.


  15. To cut a long story short, we are a nation of cowards who can be easily pacified / tamed especially by others not of our own race. That is why we will always remain 3rd Class citizens ,and forever seeking minority rights in our own country where we make up the majority. People from Calcutta, Bombay ,Guyana, Trinidad and Timbucktu,come here with only the cheap shirts on their backs, set up businesses which we readily support in preference to our own people, and pretty soon when we attempt to carry on our traditional vending businesses in a street renovated by our very own tax dollars , the police , our own brothers and sisters, are fetched to wield a big stick at us to make us move on.
    That is why people like Mrs Ram and others in the gated communities believe that they have the pissing right to treat us like scum and kick our arses from breakfast to supper.
    What a pity that, we did not learn anything from the many Irishmen who shared a similar fate as us working alongside of us as slaves/indentured servants.
    But what can we expect when as someone said we are being sold out by our own politicians and other people in authority.
    We haven’t move an inch from the plantation yard gap.


  16. @David
    I see that nobody remembers that Public Counsel severely defeated Ms. Ram in the Consumer Claims tribunal. She did not win one case brought by Public Counsel over a three year period, so much so that she was said to have indicated that she will settle with her customers rather than come back to court to lose.

    I therefore have to agree with “J”… but then, in looking at the situation, Public Counsel is a free legal service to the public. Is it that if lawyers were more affordable/accessible that Ms. Ram could not be the untouchable she is hailed to be?


  17. @ Jeff Cumberbatch

    Thanks for your calm good sense.

    The issue of Ms. Ram is symptomatic of the wider problem of the impact of money on the political and governmental processes. My issue is not with the intent of these persons but with our people whose consciousness of self-interest extends only to those who will put something in their pocket, and they will act against their own interest short and long term. I think of the allegations made about customs officers accepting largesse to turn a blind eye, God knows what enters; block the release of competitors business goods, thus keeping the merchant elite in place and close the door to small businesses ; citizens give their vote to the highest bidder regardless of the quality of governance tha tis offered;politicians gave favours campaign contributors detrimental to well-being of our country.

    David’s earlier point is well taken on another issue, we need to keep changing parties with a loud message about their performance, not because of who has enough money to buy the vote, but to ensure that all parties get the message. The message must be – You must perform well and with integrity.

  18. Georgie Porgie Avatar
    Georgie Porgie

    Re The reason why there are so many lawyers in politics is that it is an independent profession in which you use your words and voice to persuade others as to the rightness of a position; an admirable fit for political representation.

    May I ask a few questions as a semi illiterate?

    Is this because only lawyers can talk and persaude?
    Were they not other folk in politics besides lawyers in earlier times?
    Is law the only independent profession?
    What is an independent profession anyway?
    Are lawyers the only Bajans who can use their voices and their words to persuade others as to the rightness of a position?
    Are no other people an admirable fit for political representation in Barbados?

    Does this piece of illogic make any sense?
    Dont trade union folk, priests and teachers and coaches, and parents and even the rum shop commenters use thier voices and words every day to persuade others as to the rightness of a position?
    Are they not also an admirable fit for political representation in Barbados?

    Does not the common man and woman in the street use thier voices and words to persuade others daily?Are they not also an admirable fit for political representation in Barbados?

    What about health personnel who persuade thier charges to do the proper thing to improve thier health?.

    This piece of illogic has been presented from somewhere close to this person’s shelves of Houston it seems.It amuses me greatly when non intellectuals try to show that they have intellect on BU. But then that is one of the joys of coming on BU. Ah lie?

  19. Georgie Porgie Avatar
    Georgie Porgie

    Roks suggestion that perhaps they should be permanent legal post dedicated to agreesively protecting the populace is a wise one. So too are the suggestions by Bajan Truth, but there seems to be lack of will in doing the right thing.


  20. No GP. You do not lie.


  21. @ PDC

    Concision really is beyond you, isn’t it? If you truly aspire to hold political office, PDC, you need to work (and work a lot) on those communications skills. In politics, communication is all. In your case I suspect that, somewhere around the fourteenth paragraph of all your contributions, most readers lose the will to live.

    I have neither the time nor the inclination to rebut you point-by-point, so I choose to take a few highlights.

    To begin with, your initial premise is simply wrong. That circumstance necessarily casts doubt on everything that follows it. You say: “taxation is theft by the state”. No, it isn’t. There isn’t a single legal jurisdiction on the entire planet that would construe taxation in such terms.

    The state, Mr. PDC, isn’t some building or institution that’s walking around snatching that KFC Jumbo Party Bucket out of your hands, or shoving your hard-earned income into Swiss bank accounts. As part of your covenant with the state in liberal democracy, the government takes a bit of your income and uses some of those resources to build schools, so that you can be educated enough to earn a living and live a life. It uses some of the resources to build roads so that you can get to your place of work, thereby earning a living and living a life. It uses some of the resources to provide a public healthcare system to stop you from dying early, so that you can live a life.

    Second, but most importantly, you never explain how you will replace a tax system. Or at least, you never explain it in a way that prevents your readers from losing the will to live before they reach your fourteenth paragraph.

    Here’s your chance. Indeed, here’s your challenge. Explain to us, in a maximum of 200 words, how you will replace the tax system in Barbados.

    Third, tax systems should at least strive to be progressive, not regressive, which is why a toll system seems fair. I don’t want to pay taxes to subsidise tickets to the opera, because I have zero interest in opera. If I don’t drive a car, why should my tax revenue subsidise a highway used solely by motor vehicles?

    (I admit, there’s an obvious wrinkle in that reasoning: even if I don’t drive, the highway might be used by buses taking my children to school so that they can become educated enough to earn a living. If I have a heart attack, the public highway might be used by the ambulance that comes to take me to the public hospital so that public doctors can stop me from dying, so that I can live a life. But let’s ignore the wrinkles for now and focus on the principles. I’m just trying to keep things simple for you.)

    Finally, I quote you at you. Here we go: “the lesser and lesser TAXATION there is in this country, the better and better it would be for the income generating potential of the masses and middle classes, the productive potential of the commercial sectors … A NO TAXATION MODEL is the best way forward for all the people and all the country”.

    How? Explain it to me, please. And would you do me a favour, brother? Could you try to explain it in a way that doesn’t make me lose the will to live by the time I reach your fourteenth paragraph? Try to keep it to four or five crisp, clean, explanatory paragraphs.

    Thanks a million.


  22. If I said that our judges and lawyers are arrogant does that mean that I am in contempt of court?

    I was in court recently (a civil matter) and the judge set a date for which I know that I am absolutely unavailable because of a previous important engagement. Neither the judge nor my lawyer asked if the date was appropriate for me. I was sitting right there and neither consulted me. I am in fact as well educated as my lawyer and the judge (but in a different field)

    No wonder we have adjournments and requests for new dates. The judge assumed that I am available at the date convenient for her. I did not occur to her that I may have other important previous engagements (commonly know as WORK)

    “Our” lawyers and the judges need to stop being so arrogant and need to start talking to their customers, if I may use that word.

    Communications people is always a 2 way street. Communications does not mean making pronouncements from on high on the bench.

    No wonder the courts are frigged up if judges and lawyers don’t even understand the basics of communications.


  23. Dear Jack Bwman:

    I don’t know about you but by the time I reach the third sentence of PDC’s contributions I am brain dead.

  24. Straight talk Avatar

    J:

    If you would but persevere to the fourth, you would realise that they are too.


  25. @ROK

    Point taken!

    It would be interesting to get feedback on the level of participation by our lawyers in Legal Services.

    @Jeff and Bagehot

    The Judiciary is suppose to be independent and presided over by a CJ. The issues identified by Justice Kentish must be the responsibility of the CJ. The CJ must be known to be an advocate and champion for change withoin the Judiciary. Jeff do have any writings on this matter?

    @Bosun and GP

    We have laws on our books which prevent our civil servants and statutory board employees from representing the people in government.

  26. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    @David,

    Don’t forget that legal aid is not universally available.

    A CJ cannot control adjournments outside of his court. It is a matter of discretion in each case, and it might be in contravention of the constitutional guarantee of a fair hearing if a judge hears a case and the accused is justifiably not ready for trial.

  27. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    David,

    So far as literature is concerned see the case R v ANTHONY JONES [2002] 2 WLR 524 where the PC held that the dicretion to refuse an adjournment and to hear a matter in the absence of the accused is a severely constrained one and not at all absolute. Read


  28. @ David
    “we have laws on our books which prevent our civil servants and statutory board employees from representing the people in government.
    Its not a matter of representing the people,but rather representing themselves.

  29. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    Oops, I forgot the citation; http://www.privy-council.org.uk/files/other.tait/rtf


  30. @David,

    I do not understand your statement that we have laws preventing employees from representing people in Government. What do you mean? There are lawyers that can’t represent people working in Government? Or are you dealing with representing issues?


  31. Quoting Mr. King:

    “@David,
    I do not understand your statement that we have laws preventing employees from representing people in Government. What do you mean?”

    Quoting Mr. King again:

    “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.”

    Asking Mr. King: what do you mean?

    @ David

    No matter how much you censor comments on Barbados Underground that refer to Mr. King’s internationally published threats, the threats themselves remain a matter of public record and you do yourself no favours by constantly censoring references to them. Quite the contrary, in fact.

    @ Mr. King

    Can I feel safe in my house, or do you plan to GET ME?


  32. Jeff Cumberbatch // July 5, 2010 at 9:38 AM

    AH, you are aware, of course, that this would have instantly disqualified the current PM, as well as Barrow and the two Adamses. But as was said by Alexander Dumas jnr.; “All generalisations are dangerous, including this one…” All lawyers are not evil!
    ==========================================

    Yes they are, and should be made to prove otherwise. Barbadians lawyers during the Barrow and Adams era did not have the reputation that currently exist. Thompson has been a representative for some 20+ years.


  33. Thanks Jeff

    @ROK and Bosun
    Sorry for the ambiguity, referring to government employees offering to represent in parliament.

  34. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    @ Amused, surely you jest. Do you not recall the disbarments and land thefts of old?

  35. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    Sorry, Amused, that should have been AH!


  36. The difficulty of diversifying the politcal representative pool extends to the fact that the potential candidate has to have considerable monetary resources for campaigning and responding to the importunities of constituents; and the truly needy. They also have to have a tough skin, roll with the punches. Persons that I personally thought would be good for our country, shy away saying it a nasty business. So here we are. The other question is how receptive are Barbadians to persons who cannot do ‘gutter politics’, and scandal their opponents, find they cannot get the votes.
    Say what you will, we Barbadians still have an image of who would make a good poltician.


  37. Nothing stops a government employee getting into the race for elections. Only, the conflict of interest. I know an MP who ran in the 1994 election and was employed by NAB. He won his seat and was still on NAB staff list.

    There was also a teacher at one of the grammar schools that ran in earlier general election and he lost but retained his job. A Civil Servant on the other hand may have to resign before even entering the nominations race.

    This has to do with the notion of the separation of powers or checks and balances.


  38. @Jeff Cumberbatch

    You are supporting the perpetuation of the system, by using the “fair trial” argument. On this basis, all any accused or defendant has to do is to be not available and the case can be adjourned forever. Is not justice delayed justice denied? There are two parties to every case. You know very well that the non-availability on the accused/defendant’s side is more often the non-availability of the lawyer, which makes you wonder what they do all day, because precious little is done in other legal areas outside the courts either. The legal fraternity in Barbados is a cosy littel cartel doing as little as possible for the maximum gains financially. A good CJ can sort this out by recording adjournments and seeking explanations from lawyers that adjourn most often, and if necessary, sanction them.


  39. Jeff

    Can’t the court get involved in ensuring that people are released from work or other engagements by having a standard form that the judge can sign and certify; to the effect that the person has to attend court on a very important matter, on a specific date etc. etc. Something generic.

    Of course the other problem may be that the employer needs the person on that particular date, but should send back to the court to indicate a date. Further problems may ensue if the case takes more than one sitting… but if we do not start somewhere, we will never know. They should try something.


  40. You still planning to GET ME, Mr. King?


  41. And are you still planning to GET ME because you are “sure” that I’m a Jew?


  42. Mr.King: did you ever make any report to the police of that statutory rape of which you claim direct knowledge:
    http://bajan.wordpress.com/2009/07/28/homosexuality-maybe-linked-to-our-ancestral-experience/#comment-98538


  43. @ Jack Bowman

    Haven’t you noticed by now that most of the commenters ignore Jack Bowman? I was not aware that PCs were available in the mental institution for patients to use at their own disposal.


  44. Jack Bowman
    Why de hell you don’t leave my husband ROK? He owe you someting? Leff he fa ma.
    You want sumting ta do? Well go n read PDC short-stories. LOLLLLL

    Bosun
    I worked for Ms.Ram in de mid 70’s fresh out of school and looking for a lil change for the Christmas holidays. I didn’t last three (3) weeks good before I didn’t have ta ‘buse her one day in my 3rd. week. I was working in the hire-purchase dept. and if you see how she would have big women scurrying bout when she put in her appearance. They would have to appear ‘busy’ even if it meant dusting furniture that was dusted the same morning. She approached me on one such occasion and come telling me ’bout if I don’t have a customer that I am supposed to dust furniture or something else. I plainly told her that I dust the furniture on mornings when I come in and I’m not doing it twice. She looked at me, folded her arms and swell out big like a frog expecting me to go and start dusting. After I didn’t move she asked me my name. I tell her to go and ask one of her pimps in the office (Ms.Chase or Ms. Ifill) and that she and them could kiss my ass the same time. She almost blow a fuse. And the rest is History.
    Before that, I see a guard get beat in de store one morning and if I was near enough, I woulda gih he a good hard kick too right in he ass.

    Bajans need to wise up and stop partonizing dese shite-people bout hay.

    I would like her hotel to die a slow and painful death.And she too. She is de epitome of ‘evil’. Her husband is not as bad but he is a piece a idiot too.


  45. For anyone to suggest that lawyers should automatically be disqualified from being political candidates is absurd and ridiculous…even idiotic. Though it may be true that many lawyers are corrupt, it would be wrong to discriminate against a profession in the same way that it would be wrong to discriminate race. In all fairness to the legal profession, corrupt persons also come from other professions and backgrounds.

    With regards to Ms. Ram, I’m in agreement that she should get some heat over the conditions at Furniture Limited (if she still owns that business), and the way she treats her workers as I’ve been hearing over the years. Having said that, I will still be taking my family to Casa Grande to have some fun since those entertainment features are not being provided by anyone else in Bim at this time.


  46. Mr.King has gone awful quiet.


  47. @Peltdownman

    I don’t agree with you that all a defendant has to do is use delay tactics by not being available for court, because the judge has the option to order that the defendant be located and remanded until hisher next court appearance.


  48. I am rather surprised at what I am reading here.

    Essential Case management

    A fair trial constitutes being fair to the prosecution and the defence. To suggest “constant” adjournments should be allowed because the defence attorney says he/she is not ready surely cannot be justice. Taken to its logical conclusion the defence attorney could say they are “never” ready; does that mean there never would be a trial.

    Adjournments
    (1) All adjournments are a matter for the court. Each application requires a judicial decision and should be considered carefully.

    (2) The court needs to be satisfied that any adjournment has a clear objective and is for the shortest period necessary. It must ensure that the case proceeds as expeditiously as is consistent with the interest of justice and the right to a fair trial.

    (3)Every application should be carefully examined.

    (4) The reason for any adjournment should be made clear and noted on the court file so that all parties know what is expected next time.

    (5) Justice delayed may be justice denied in respect of all parties.

    I hesitate to say court time is not being managed effectively because of a lack of effort…and dare I say it, ineffective management practice.


  49. JackAss Bow wowMan
    Why persecutest thou me? Is it my fault that you were put up for adoption at such an early age?
    Now leave me in peace please, before I come to your house and get you too.
    Ya idjit.


  50. @David

    “It would be interesting to get feedback on the level of participation by our lawyers in Legal Services.”

    The problem with legal services is that cases involving consumer matters probably do not qualify for legal services. What is the definition and application of “legal services”? Civil proceedings don’t qualify? It would seem to me that legal services are thought of as some type of pro bono, welfare type exercise in cases where a person’s liberty or life may be threatened in the absence of being able to afford legal representation. Nothing for the rights of the community is ever contemplated in these systems.

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