Chief Justice Designate Marston Gibson

BU has received word from an unimpeachable source that Marston Gibson has been named as the next Chief Justice of Barbados.  When he assumes office he will become the 13th  Chief Justice of Barbados.

There has been robust discussion on BU about the attributes David Simmons’ successor needs to bring to the job. It is no secret our Judiciary is in need of leadership. In recent years we have seen how an inefficient Registrar of the Court combined with the influence of a few lawyers have held our Courts to ransom. The BU lobby supported an appointment from outside the circle of the Barbados legal fraternity; someone who should possess the breath in qualification that straddles academic and administrative experience. Based on our source it appears Prime Minister David Thompson and Cabinet have taken the bold step by selecting such a person.

Here is a brief Bio of Chief Justice Designate Marston Gibson:

Work and Education

Employers

  • Supreme Court of New York, Nassau County May 1998 – PresentCourt Attorney – RefereeMineola, New York

Grad School

  • Hugh Wooding Law School, Legal Education Certificate (L.E.C) ’81L.E.C.
  • Oxford University, Bachelor of Civil Law (B.C.L) ’79 B.C.L.

College

  • University of the West Indies, Bachelor of Laws (LL.B) ’75Law

High School

  • Foundation School ’70
  • Harrison College ’72

120 responses to “Barbados Government Selects Next Chief Justice From Outside The Inner Ring”


  1. @Atman

    Why go low?

    Let us keep the discussion healthy.

    Maybe CJ Designate Gibson maybe having a read.

    Let us make it worth his while.


  2. @David
    We rip apart David Simmons leadership when some attempted to criticize the PM for not extended his tenure. Even Jeff who spoke glowingly of David Simmons could not whether the storm of dissenting comments attributed to the former politician.

    @Atman
    take a look at the St.John results
    http://www.caribbeanedu.com/elections/bb07_86.asp


  3. @David
    Don’t speak to me about going low when you don’t speak to others about it…in particular Adrian Hinds who refers to people in sorts of derogatory ways. Since when have you become concern about going low when it is so rampant around here, important people are always reading?


  4. @David
    Don’t speak to me about going low when you don’t speak to others about it…in particular Adrian Hinds who refers to people in sorts of derogatory ways. Since when have you become concern about going low when such is the norm around here? Aren’t important people are always reading? Guess it was only a matter of time before you came to his defense…or maybe I said something in recent times that personally offended you.


  5. @Adrian Hinds
    Why are you asking me to look at election results from 1986? I wasn’t even living in Barbados then.


  6. @Adrian Hinds

    These are the election results you should be showing me. See results for St. John. As usual you are a fountain of misinformation.
    http://www.caribbeanelections.com/barbados/results/default.asp


  7. ….Ok moving on. David It will not happen again.

    Adrian Hinds | February 15, 2010 at 11:20 PM | How does it benefit this Prime Minister to select a politically affiliated person as the next Chief Justice? We all know of the anti Owen camp that existed in the BLP and the need for him to have feathered some beds to get some political cover. Such does not exist with Thompson. I DO EXPECT THOMPSON’S APPOINMENT TO BE A WATERSHED IN CJ SEDLECTION IN BARBADOS.

    What of the last Governor of the Central bank? Was she a B or D? Did it matter to Thompson when he announced her next appointment as Ambassador to Geneva????

    I honestly don’t care what are the eventual successor’s political affiliation as long as it not a member of the legal profession I will be happy. We cannot award this group. It has too many dishonest members and not enough of the honest ones speaking up about their colleague’s behavior. Their silence makes them complicit.


  8. The very same Electorial law and process that allow six (6) independents candidates to have their names appear on a Barbados election ballot in the year 1986 is the same law and process that allow one (1) independent candidate to have his name appear on a Barbados election ballot in the year 2008.

    Attended to this is my original point that the successes of what appears to be a new dispensation in the appointment of the CJ of Barbados, be brought to bear on the candidature of persons to the house of parliament. We don’t only need new blood in the judiciary we need it real bad in our parliament.

    Barbados electors have a good example in the Prime Minister’s CJ appointment, from which to draw the confidence to look at any future independent candidate, not with the old view but from a position base on merit, qualifications, and the candidates history as to his or her fit to be their parliamentary rep.


  9. @Atman

    You have been warned.


  10. Sad when certain people try to take an important issue and drag it into the realms of a party political exercise, instead of placing their focus on the matter itself. Things like I am sure that the new CJ will have had to take a pay cut in order to serve the country of his birth and upbringing. He will also be facing uprooting his family and his very life. So maybe we ought to look at that and, instead of all the party political, we should concentrate on welcoming the man and extending him every courtesy and cooperation to enable him to sort out the mess in our justice system. I agree with David. The tone needs raising. And the CJ may be reading this, so a modicum of gratitude to him for undertaking a very difficult job at what is almost certainly at the expense of a pay cut, would not be out of order.


  11. Whomsoever becomes the next Chief Justice of the Government of Barbados must be congratulated for having been appointed to that position.

    But, having said that, though, we must express our utmost displeasure and dismay at the fact that there has NOT been started as yet a process whereby voters in this country would eventually have the power and authority to determine who would become Judges of this country.

    For, it is a set of monstrous constitutional political backwardness and antiquatedness that, under section 81 of the Constitution of Barbados, the Prime Minister – after having had the necessary consultations withh the Leader of the Opposition in Government – has this great power and authority alone to recommend to the Governor General of Barbados, those particular people ( judges, magistrates, experienced civil criminal lawyers and prosecutors) whom he has chosen to become the Chief Justice and other Supreme Court Judges of the government of this country.

    Whereas, we are NOT certain – though it is possible somewhat still – that the present prime minister, Mr. David Thompson – who is ailing and on leave – would yet be in a position to perform his constitutional duties in line with Section 81 of the Barbados Constitution, the possiblility still remaining that at he has clearly NOT been able to do so, would, in any case of his NOT being able to perform his functions in respect of Section 81, expose the very retardation the PDC has long spoken about that has long been running rampant through out the political constitutional affairs of Barbados in relationship to the Prime Minister of Barbados being granted sole power and authority to determine who will become Judges of the Government of this country.

    Also, the fact of the matter is that this political constitutional power and authority that the prime minister has in relationship to the appointment of such persons to such judicial offices is in serious breach of the seperation of powers doctrine.

    Where this doctrine is concerned, a sound interpretation of this doctrine would show that the Head of the Executive of Government ought NEVER EVER be in a position, constitutionally or otherwise, to recommend who ( which in real senses mean appointments to such positions) the Head of the Judiciary and other members of the Judiciary will be in Barbados.

    To continue to do so, and be in breach of this doctrine, must indeed remain being fraught with a political danger that may well exceed, and, in fact, lead to the undermining of many of those checks and balances that act in restraint of the exercise of too much power being placed in or being exercised by this one member of this particular main branch of government (the prime minister), or by the branch itself (executive), over some other functionaries of the other main branches of government , or over the other branches themselves, and, in the case of these prime ministerial recommendations ( appointments) to the Judiciary in Barbados – may be such that they may very well lead to improper encroachment of partisan influences on the practice of the fundamental principle of judicial independence in this country – which is itself an axiomatic truth in relationship to a government or a people’s adherence to the rule of law.

    That is why the People’s Democratic Congress (PDC) has stated that at anytime there becomes a PDC Government in this country there shall be the Election of Judges to the Supreme Court of this country by voters in this country, to make sure that there is greater adherence (albeit NOT totally – which is impossible – but where it certainly matters most with many important decisions to be taken in light of certain considerations) by the main branches of the government and many persons generally, to a set of constitutional provisions that in themselves would help greater define the doctrine of seperation of powers; to make sure that there is greater adherence by those same main branches of the government and many persons generally to a set of constitutional provisions that in themselves would help greater define the concept and practice of judicial independence in this country; and to make sure that the power and authority and legitimacy of these Judges directly come from the “will of the people of this country”, and which, in turn, this power and authority and legitimacy – will only be taken away politically constitutionally speaking from those Judges by that said “will of the people of this country.”

    That is why too anytime a PDC Government is formed in this country constituents will become the lawmakers of this country, and of which a special committee of them will seek agreement with representatives of the Judiciary on the amount of money that would be neeeded to be appropriated for the running of the affairs of the Judiciary in this country.

    Finally, if left to the pure whims and fancies of many of those who are commenting under this particular BU thread – Barbados Government Selects Next Chief Justice From Outside The Inner Ring – and if left to their very loose conservative subjective personalized rationalizations on the matter of who will be appointed to be Chief Justice of the Government of Barbados – and if such were altogether anything for us – PDC – to go by – it would be pretty well damn clear then that the process of greater and further constitutional development of this country would indeed be burned at the stake.

    But, thank the Almighty, that for those and other major reasons, there are the PDC and other progressive people-centered parties that will continue to search for and provide as much as possible social political balance in many ways in this country and that will continue to exist and grow in this country on the basis of what is and must be seen to be right, just, equitable and desirable in this country.

    A “free mind”, a “free money” a “free people”!!!!!

    Down with the Damned DLP and the Blasted BLP!!!!

    PDC


  12. A stupid question, I know, but how you gonna pay these elected judges, or are the free too? and is their justice for sale?


  13. @The People’s Democratic Congress | August 15, 2010 at 5:40 PM . And you wonder why no one is interested in voting for you? And that contribution is supposed to garner votes? I know it isn’t a full moon, but it seems that for some people the Moon is always full. Or maybe for some people the Sun is permanently past the yard arm.


  14. Great political pontifications on the need for recessary diversification away from the BLP and DLP, Mr. Adrian Hinds.

    Indeed, we in the PDC know that here in Barbados at the ground level there are so many thousands upon thousands of people that are sick, tired, fed up and frustrated with both these old traditional factions.

    They are willing to give support to and VOTE for new but also serious progressive people centered parties in the country.

    Anyhow, keep it up those particular sound analyses, BUT NOT for the PDC to benefit from, but in the interests of the long term social political constitutional material financial development of the people of this country.

    PDC


  15. Amused, exactly what is your beef with David Simmons?

    The reason I have respect for him is because I think he has written some excellent judgments. In fact, I would venture to say that his judgments are some of the best I have seen come out of Barbados in recent times. I recently spoke to an attorney who is one of the most respected QC’s in the Caribbean and he is of the view that David Simmons is a very good administrator. This particular QC was once an administrator himself and is one of the most organised persons I have ever met. The compliment he gave Sir David was unprompted by me. (NB: this QC is not Barbadian and has no political bias).

    I am not saying you are wrong regarding David Simmons’ administration skills as I am in no position to dispute your observation.

    However, specifically what did he do or not do?

    I don’t expect a list of the inefficiencies in the Barbadian court system because those inefficiencies would have predated Sir David’s tenure and in my view are, in part, caused by factors unrelated to the his administration skills.


  16. Regarding Marston Gibson CJ, I wish him the best if he indeed is the choice. His resume definitely looks impressive and I like the idea of a person from outside of Barbados being appointed. This actually the practice in Belize and some other jurisdictions (hence why Elliot Mottley is the president of the Court of Appeal in Belize).

    I do have a concern though. I say this realising that this is not a full resume. The experience cited doesn’t show that he has practiced within the region.

    In my experience, persons who have practiced mostly in the US and come back to the Caribbean have a learning curve to deal with. US jurisprudence and civil procedure differs from that in the Caribbean.

    That being said, I hope he does well.

    David, it seems that he is an attorney in NY, is that correct?

    Jeff he seems to have been at the Law Faculty around the same time that you were, was he in your year or the year under you? Do you know why he only attended Hugh Wooding in 81 after having graduated from the faculty in 75?


  17. @Anonlegal

    Should we conclude that the sum performance measure you have used is the former CJ’s ability to write a good judgement?


  18. @Anonlegal

    On the back of our source it appears he was a judge in the New York Appeals court. We say was because there is the assumption he would have resigned that position to take up the CJ position in Barbados.


  19. @ David.

    I said that it is the reason I respect him. I cannot speak to his tenure as CJ as an administrator. However, he knows the law and his judgments are thorough. That is all I can speak to.


  20. @Anonlegal

    Much of the criticism of the former CJ centres around the fact he moved from active politics to the position and his overall * stewardship as CJ i.e. delayed cases, inability to get lawyers to try cases to time table etc. Anyway you are entitles to your opinion.


  21. @David who wrote:
    You have been warned.
    ====================================================
    Excuse me? I have been warned? I think you better than to come to me with that non-sense David…threats don’t bother me….and I don’t kiss anybody’s xxx.


  22. David, I actually know what your criticisms are, but quite frankly those types of criticisms don’t really tell me very much. You say they are delays and that they are attributable to David Simmons. However, and I say this with respect, you don’t work within the court system and in my view aren’t the best person to identify what is actually causing the problem.

    It is easy to just blame whoever is in charge, this is done all the time. However, I am more curious to have amused’s perspective as he is a person who presumably knows some of the issues that arises in the local courts (I say presumably because I have a suspicion that amused practises outside of Barbados but I accept that could be wrong). If amused does practise in the jurisdiction he may help me understand exactly what David Simmons did wrong.


  23. @David
    So that’s how you’re going to play it? Discriminately delete posts that you are not happy with…just like AH did with his forum when he had one. Well there are other avenues that I can use to let people know what I have discovered about your policy here today.


  24. @Atman

    Your were warned. No reference to anybody being horned will be tolerated, period. There is a limit and you have pushed it and it takes some pushing on BU. Feel free to do what you want. There are few times we have had to delete comments but when those times came we did and we will going forward using our best judgement.


  25. You were also warned my friend. See why don’t consider myself a member “BU family”. I’ll be doing my talking elsewhere…and I won’t let this double standard of yours go unmentioned.


  26. @Atman

    There is something you need to understand. Adrian and a few others use their real names on BU. The judgement we use as it effects those people will always be different when treating with those who use monikers. You may have the last word if you wish.


  27. @Anonlegal
    Marston spent two years at Keble College, University of Oxford where he read for the B.C.L. as the first Rhodes Scholar of Barbados ! He then went to the Hugh Wooding Law School which he left in 1981.


  28. @anon

    Understood. Thanks.


  29. Atman

    I like you not understand David tone of voice … not very developmental, not very developmental at all …no? Oh me not say no more, I might get warm (warn) too … then I get recall to East … not very developmental at all ..no?


  30. In 1974 Charles Haynes (born in St.Vincent) won the Rhodes Scholarship. His education was identical to that of Mr Gibson in that he attended Foundation school and then Harrison College for sixth form before going on to UWI to study law. Clearly Foundation was living up to its name and providing an excellent academic grounding for its students. Posters who attended Harrison College in the 70s would remember Mr Haynes’ brother Caesar Haynes who excelled at sports and was the Barbados CARIFTA team captain in 1977 or 1978. So while Mr Gibson was the first Barbados born Rhodes Scholar, Mr Haynes may have been the first Barbadian citizen to win the scholarship.


  31. @David
    Hell…I could start posting under the name John Smith and buy myself some of the same respect and privileges…who the heck would know the difference. Anyway, I have no time to waste when things start getting unreasonable and complicated.

    @BAFBFP
    I maybe I’ll see you in other places but I’m out of here. Freedom of speech is not guaranteed to ALL here…only some.


  32. Since Anonymous was giving kudos to Foundation, I should mention that Gibson would have attended Foundation at the same time as FJ Stuart ( Atty Gen) although Stuart would have been ahead of him.

    Many Foundation students of the mid to late 60’s and early to mid 70’s went on to Kolij to complete 6th Form and excelled in their studies.

    One of the things that Foundation lacked was a 6 Form as many students also went on to the Community College. People in the know would probably venture a guess at why the school didn’t have a 6 form since there was no lack of candidates.

    The present Min of Education has promised to redress the issue, we shall see


  33. My intelligent agent suggest that given time frame and school, Gibson was classmate of Georgie Porgie … Expect comment soon… I take cover in back of restaurant until storm pass … no?


  34. “Educ Boys Foundn Sch, Christ Church, Barbados 1964-70; Harrison’s Coll, Barbados 1970-2; Univ W Indies 1972-7, LLB 1975; Keble 1977-9, BCL 2nd cl 1979; Wooding Law Sch 1979-81. Adm Bar Barbados 1981, Antigua and Barbuda 1986, NY 1989, Trinidad and Tobago”

    Dear David: What was Mr. Gibson doing in the 2 year period between the time he got his LLB from UWI in 1975 and the time he entered Keble College, Oxford in 1977.

    Just asking you know.


  35. @Anon Legal.

    I can only join David in the generalization and I confirm that the issues he has identified are correct. Privilege prevents me from identifying or discussing specific cases. However, my first hand experience is that the whole system is in a terrible mess that will take a lot of time, effort and expense to rectify.

    The Registry has a habit of “misplacing” files, sometimes just before a case is to be heard and David is 100% correct there – and you know it. Dates set on motion days are, inexplicably not in evidence when the lists come out – and David is once again 100% correct in his accusation and you know it. Certain counsel seem to have the ability, without reference to opposing counsel, to change set dates – we all know that and we know who they are. Believe me, Anon Legal, with respect, you don’t have to work within the system to know these things, you merely have to be a lititgant, be related to a litigant or be friendly with a litigant – and you know these things. There is no mystery to them.

    As far as the files go, there seems to be no system at all. In these days of the computer with back-ups etc., it is disheartening to go to the Registry to search for a file, watch as someone thumbs through a ledger, locates the number, then you proceed into the next room with them while they search through the corresponding filing cabinet in which the file is supposed to be found, only not to find it. You are told “Oh, Mr So ad So may have it”, so you check with Mr So and So and are told that the judge has it. You then treck over to see the judge’s clerk who assures you that it isn’t there – so back you go to start again. If the case is on appeal or has been on appeal, you are in luck, because then you are dealing with the Court of Appeal Registry and they DO have a system. But more often than not, they tell you exactly when it was returned to the Registry. And so you are back to square one. Why isn’t there a system of scanning so that, God forbid, the Registry should burn down, these files are stored in cyberspace? This is 2010!!!! Except in the Registry where it remains 1960.

    The setting of trial dates is another matter and I am not going there, except to say that it is highly inefficient and open to manipulation.

    The matter of the actual process of cases is of great concern. Invariably, it is touch and go as to whether the case will actually start on the day set for it. I am talking civil cases now. Most are conducted in the judge’s chambers. They start with a plethora of motions, and, predicably, the judge will adjourn the matter while he/she considers the ruling on any one of these. Most motions can be disposed of on the spot. Before the judge adjourns a date to continue is set (but seldom kept). But in order to set that date, there is a lot of carrying on and it has always amazed me how a matter can be set down for three days trial (let us say for the sake of argument) and start on day one, be adjourned to day three only to have one or other attorney protest that they cannot attend on day three due to prior commitments. If you look at the judgments of the majority of civil actions in Barbados, you will find the dates of hearing set out something like this (they are on the internet):
    2005 April 5, 12, 24
    2007 November 8, 9, 10
    2008 January 11, 12
    So, it has taken over 2 years to hear the damned case. AND THIS IS THE NORM!!! During this time, if our friends at BFP can be believed, any money involved could have been earning interest at 7% . And what recourse against the courts does the party suffering the 7% loss have? NONE!

    But, they haven’t done with you yet. Not by a long shot. You have to await the judge’s decision – and so you are looking at a wait of at least another year, but more likely a year and a half. And when you complain, you will be told that the judge in question is in asizes or on summer recess.

    Finally, after 3 years or so, you get really fed up and you go and see the CJ, who tells you that there is nothing he can do, but he will have a word – and you know that he could as well save his breath. Finally, in desperation, you let the judge know that if he/she doesn’t deliver a decision one way or another, you will be going to the GG for a commission to be set up to fire his/her ass. You can be sure that, while you will be made to wait a few more months so that it will not appear that your threat had any effect, your judgment will finally be produced.

    We who have had to work in this system are somewhat accustomed and stunned into accepting it. However, as you look at other countries, most particularly these days, the United Kingdom and (more and more) Canada, you are struck by the immediacy of their systems. Cases that are heard all in one go and not part-heard, peremptorily if necessary, so that justice will not be denied by delay. Decisions that are delivered at the MOST within 90 days of the conclusion of the hearing. Judges that are dismissed or asked or forced to resign if they do not provide timely judgments (Harman J. of the English courts being a prime case in point http://www.independent.co.uk/news/few-regrets-over-departure-of-harman-the-horrible-1144562.html).

    Specificially on the Harman case, the three justices of appeal concerned made a statement about just one judge that certain applies to the entire Barbados judicial system. Their Lordships said that his conduct, “weakens public confidence in the whole judicial process”. The Barbados public, with good reason, has no confidence in the judicial system.

    Sorry, Anon Legal, it is true – AND YOU KNOW IT!!! I am very hopeful that the new CJ will be able to redress the glaring injustices visited on the people of Barbados, as well as competent and responsible members of the Bar (there are some, believe it or not) by our so called “justice system”.


  36. Wow! Amused can hardly be accused of being amused by the Barbados justice system. A stinging rebuke that was!

  37. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    @Anonlegal,

    Marston graduated from the Faculty in the same year Ientered,1975, but in those days so few Barbadians were doing law that we all knew of each other. I don’t know what he did post graduation, apart from Oxford of course, but we met up again at Law School and then became very close friends when he joined the Faculty full time, 1981-86 or 87.
    Marston is a great choice for CJ. He has one of the finest intellects I have ever come across, has a wonderful sense of humour and writes well. He certainly has my support.


  38. David
    BU really on the ball. You got the scoop on all Barbadian media. They are now reporting. Maybe they are reading BU and using it as a source.
    People with an internet connection really do not have to buy the daily newspapers. Both the Nation and Advocate print stories that were on the net days before. It is the front and back page and local sports that you pay for.


  39. WOW …

    The above make interesting read as separate topic … no?
    Wow … Make interesting read as Newspaper article …

    WOW


  40. VOB’s Tony Best from NY joined BU in going with the tip off in the news this morning.


  41. Oh No … If Marston is friend of Jeff, then Marston has political tie … no?
    Laugh at that out loud…!

  42. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    Very very very VERY loud, BAFBFP!

  43. G.C. Brathwaite Avatar

    @Jeff Cumberbatch and BU in general

    I have lots of respect for your views though we may sometimes differ. I take your endorsement and praise of the gentleman’s intellect as my guides. Less I am misrepresented by anyone, I reiterate my congratulations and go further by wishing the goodly gentleman every success that the position must entail. Anyone who thinks that any political leader or party will get it right 100 % or wrong 100 % on each occasion fails to be pragmatic. I look forward to the system being enhanced and on this I know that it is not just the CJ, but a team of players that will or should make the difference. Yet again, Barbadians can say they continue to have in their grasps unlimited resources for advancing the cause of all. No apologies necessary.


  44. Sorry I meant Jeff Broome ….

  45. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    Ah, so, BAFBFP. Forgiven, of course! (Smile)


  46. @G.C. Brathwaite | August 16, 2010 at 8:45 AM | A gracious and graceful comment. Now that is more like the man we all know and respect.

    @David. What you did took great courage and keeping an ear to the ground, but you scooped all other media with a lot of time to spare. Indeed, why bother to buy the papers, as anything worth reporting can be read right here on BU. I have to wonder, though, if any of these “fourth estate” organs will bother to be magninmous (and honest) enough to credit BU. Well done!!!!


  47. Difting quickly through a certain two other Bajan blogs, it is noted that neither seems to have picked the story up yet. Of course, as they have both, with much fanfare, removed BU from their sidebars (or is that a singular, collective sidebar) they may not now wish to link. Food for thought – and speculation.


  48. @Amused

    Truthfully BU is not about getting a pat from the Fourth Estate. It will not happen although individual media practitioners have worked with us to date.

    We will continue to do what we do to bring opinions and news to the people. Thanks to all who continue to support us.


  49. @David. It will not have escaped your attention that our new CJ is a musician of some skill. Better and better.


  50. The preceding CJ was also a trumpeter of some skill!

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