A Request For Copies Of The Instruments Of Ratification [Caricom]

Attorney General, Adriel Brathwaite

The following communication was sent to Mr. Adriel Brathwaite, Attorney General of Barbados [recently distributed to Media Houses in Barbados and the Caribbean]. BU deems the matter of public interest when viewed against positions taken over the years at the culture of mediocrity which has infested how we do business in Barbados, especially in the public service.

“WITHOUT PREJUDICE

Attn: THE HON. ADRIEL D. BRATHWAITE, MP

Attorney General and Minister of Home Affairs

March 18th 2012

Dear Mr. Brathwaite,

Re: Tenth Request for Copies of Instruments of Ratification

Should you look into the Nation newspapers today, (and in three of its previous issues this past month) you will see, under a “by sale by mortgagee” notice, that my home at #XX Maynards Grove is advertised to be auctioned by none other than Carrington and Sealy on April 18th.

The travesty and injustice of this situation can be couched in one salient fact. The same CARICOM lawyers of Carrington & Sealy whom, like you, I have beseeched for the documentation at caption i.e. the Instruments of Ratification, from 2007 until now, are the same parties who have been able to rush concomitant litigation through the Barbados courts and get a judgment against David Weekes and IBIS Latin America Corp – two of the plaintiffs in CARICOM’s litigation!

This Carrington and Sealy, while stalling our substantive CARICOM case, aided by the fact that the Law Courts of Barbados seems unwilling or incapable of adjudicating my CARICOM civil suit, have simultaneously been able to put my company in court and get a civil judgment, against me, in a personal capacity, not my company, for default on a Central Bank backed Guarantee.

This is the same security my company used to finance the commercialization of the technology that I purport that CARICOM purloined! “Oh beauty thou are fled to brutish beasts and men have lost their reason”

You should recall that I met with you in 2011 when you had indicated that you would provide an official response to my request soon thereafter (see your email below of August 25th 2011). I also had the pleasure of meeting with the previous Attorney General, now Prime Minister, the Hon. Fruendal Stuart on this matter when he was Attorney General and I now take this opportunity to copy this correspondence to him.

No correspondence has been forthcoming from your offices and I am again requesting Copies of the Instruments of Ratification which I have been seeking from early 2008, the same year when the Democratic Labour Party got into power. I am still asking for these almost five years hence, ironically on the eve of new elections.

While you Hon. Attorney General sit in the comfort of your home, this glaring injustice is being perpetuated against a law biding citizen of Barbados. I am not teiffing agricultural produce, nor selling drugs nor bringing high powered weapons into the country yet I am being put out into the streets of Barbados like a common criminal just for trying for these five years to recoup $20.6 million that is rightfully mine.

I again ask for

1. a copy of the Instruments of Ratification which, in accordance with Article 232 of the Revised Treaty of Chaguaramas (RTOC), permitted  Barbados to enact the same CSME document and

2. A copy of the Bill, Act, Special Instrument or Law which, under the dualist system of Barbados, permitted the Protocol on Privileges and Immunities of the Revised Treaty of Chaguaramas to be enacted into the domestic Laws of Barbados

Respectfully yours,

David Weekes

CEO

IBIS Latin America Corp”

42 thoughts on “A Request For Copies Of The Instruments Of Ratification [Caricom]


  1. Don’t be surprised by anything that happens in Barbados. I know of a case where a man is alleged to have sold his property long after he had died. You can guess which law firm acted in the transaction. The courts have refused to overturn the sale despite the vendor would have sold the property from beyond the grave.


  2. Whatever the merits there is the familiar inherent arrogance of not answering inconvenient letters. We have discussed this before, I think. It is an omission which is utterly contemptful and ignorant. Why do people feel the need to hide in this way? Would someone speak to the Bishop of Barbados and the Principal of UWI about this. Maybe ‘God’s own’, and the ‘centre of excellence’ can throw some light on the practice.


  3. @robert

    A big part of our problem is mirrored in the response by CCC. We always avoid looking at the systemic issue and reframe the issue as political or some other irrelevance.


  4. Carson C. Cadogan

    Don’t be an ass. There is only ONE side to this story and both shite parties have done nothing to resolve what is clear cut tieffery. I watched in my house before the World Cup 2007 that Jack ass of an Attorney General at the time grinning and telling Barbadians that this matter of using David Weekes’ proprietary information in developing Caricom Customs and Immigration software by 3M’s (remember the Central Bank brought a bajan 3M’s Far East area Manager to lecture the previous year) would be resolved after the games. What a crock. Since then even the Caricom Sec Gen has changed. These f#ckers like the Barbados Laour Party and the Democratic Labour Party, in reality cannot be sued …

    David is a creative industrious Barbadian (from Crumpton Street High). Not some other ass from the same institution who could walk into a failing concern with outstanding debts to thousands of policy holders and demand a million dollars a month…


  5. The political parties in Barbados DO NOT support “productive” enterprise. I am still seething over the $500,000 commission (incidentally without the legal tendering process being held) to carry out a study on poverty … FIVE HUNDRED THOUSAND DOLLARS for a f#cking stack of papers that has and will only see three minutes of daylight.


  6. @David. As CCC says, for once rightly, this is but one side of the issue, compelling though it is. As such, it is a little difficult to be sure where the rights are wrongs are. HOWEVER:

    I know of more than three dissimilar cases (which however give rise to allegations of a culture of behaviour) in which the Land Tax Commissioner has been taken to court over land tax issues and, although all these cases are outstanding (and have been for a number of years in all three cases) the Land Tax people have subsequently consistently advertised for sale the properties concerned for payment of the self-same land taxes that are under dispute in the courts. It might be argued that the Land Tax Commissioner is guilty of contempt of court. I could understand it happening once – that would be error. But more than three times looks to me like CORRUPTION.

    I also know of several other matters where lawyers have attempted to delay the hearing of matters before the courts in order to try to “get in through the back door” at best and, at worst, to obfuscate, confuse and prolong matters of litigation before the courts and the questionably competent judges that sit on the bench of these courts.

    These unacceptable practices have consistently been given comfort by the inexcusable backlog of the courts and the sloth of incompetent judges in giving timely decisions.

    It always amazes me also how certain counsel manage to get cases for their clients heard promptly and the incidents of this happening are far too high for the accusation of a mole or moles in the Registry to be suspected, mooted and FULLY INVESTIGATED.

    In light of these, therefore, although we have only one side of the issue, we do have to pay attention and seek more concrete enlightenment from both sides. That there exists a culture that supports these currupt practices, is clear and evident. As is the intent of the new CJ to eradicate them and the culture that insidiously breeds this sort of hijacking and denial of justice.

    BTW, the quote in the letter from Shakespeare’s Julius Caesar (Anthony’s funeral oration) is incorrect. The word is “judgement”, not “beauty”. “O judgment! thou art fled to brutish beasts, And men have lost their reason.” May I respectfully suggest that, if the gentleman’s position is correct, “judgement” and not “beauty” is the better word.


  7. It amazes me. The above admits to contempt, indiscretion and incompetence in the process of seeking judgements and is still prepared to state that the complainer represents only one side of the story. Now what the f#ck can the other side possibly be …?


  8. @Amused

    With respect, the issue is not about judging the merit or demerits of the issue but the fact that the AG promised to get back to Mr. Weekes and he has not.


  9. @David. Respectfully. The AG may have considered that it is a matter that could easily be handled by reasonable diligence. It took me under 30 seconds. However, it wouldn’t have taken the AG’s office but a moment to tell the gentleman to Google it, and that I do admit.

    http://www.google.co.uk/url?sa=t&rct=j&q=revised%20treaty%20of%20chaguaramas%20instrument%20of%20ratification&source=web&cd=3&sqi=2&ved=0CDMQFjAC&url=http%3A%2F%2Fwww.caricom.org%2Fjsp%2Fsecretariat%2Flegal_instruments%2Fmatrix_legal_agreements_jan_06.doc&ei=EQtqT_zpLKKo0QXm9PmDCQ&usg=AFQjCNH4nkcp5os6_iwlUFEg-2x3tLy5Jw

    http://www.caricom.org/jsp/community/revised_treaty-text.pdf


  10. Amused, it took you under 30 seconds to find what? The Treaty? Note that Mr. Weekes is asking for the ratification instruments which is not the same as the Treaty, since every sovereign country has the right to determine what provisions of the Treaty it will exempt itself from. Hence the ratification instruments and the treaty are two different things.


  11. It would be great if Government were to pass the freedom of information act. Then they would have a duty to make these documents available as soon as they are in force.


    • @ROK

      BU’s position is if the AG office promised to get back to Mr. Weekes it should have been honoured. This is separate and distinct from the request by Mr. Weekes which maybe an issue for the Courts to interpret. An interesting issue indeed..


  12. @ROK. I agree with David. To have undertaken to reply to Mr Weekes and then not to have done so is lacking in broughtupsy.

    I am not going to argue any of these points with you or anyone else. However, as a matter of interest, I direct your attention to the case of The Attorney General of Barbados et al v. Jeffrey Joseph and Lennox Boyce (CCJ Appeal No. CV2 of 2005), wherein it was held that in some circumstances ratification of a treaty could give rise to the legitimate expectation that the treaty will apply in some respects on the domestic plane, even if legislation has not brought the treaty into force locally.

    That decision is available online from the CCJ website. Therefore, the scope of that statement by the CCJ in relation to this case is, it seems to me, a matter for a court of law to determine after hearing full arguments from both sides. I have no idea if this ruling is going to be relied upon by one side or another, but, out of my sincere respect for you, I draw it to your attention.


  13. @David
    Honouring promises of getting back to you is a foreign concept nowadays. the norm is to let it pass, even moreso if it’s a ticklish issue.


    • @observing

      In this instance the culture of mediocrity in the public service as this case illustrates may have financial implication for taxpayers.


  14. @Amused. Thanks very much. Appreciated. I want to discuss the implications of the court decision. I have two concerns and your opinion would be appreciated:

    1. Given that there may be legitimate expectations in terms of the Treaty itself, the first question is whether or not the court could give judgement for the citizen on matters that did not exist in local law if the state exempted itself from those provisions which the citizen relied on?

    2. In the case where the ratification has not been publicly declared or, I should say, announced or published, would legitimate expectation prevail because of this lack of information or failure of the government to publish?


    • @Amused. Thanks again. In posing the questions I requested your “opinion” and not a prediction of what a court would decide. Hopefully, what would have turned out to be a useful discussion. However, I respectfully stand by your decision; to be wise or otherwise.

      In terms of the judgement in AG v. Joseph & Boyce, it would seem that there can be some distinction in this case as it relates to the death penalty, which is addressed at paragraph [19] and states in part, “The death penalty, however, should not be carried out without scrupulous care being taken to ensure that there is procedural propriety and that in the process fundamental human rights are not violated. Death is a punishment which is irrevocable.”

      Notwithstanding paragraph [15], in terms of opening the flood gates here with respect to the differences between treaties and ratification, the last sentence is instructive would you say? Maybe if this was a different matter, the court may not have been so conservative in its approach, depending on the extent to which fundamental human rights may be breached?

      I have another difficulty. It is with this sentence at paragraph [13], “It was specifically provided that these amendments of section 15 of the Constitution did not apply to a person convicted and sentenced to death before 5th September, 2002.” Can this possibly apply if the process of appealing was not yet exhausted? Seems to me that would be an injustice under the circumstances??


  15. All of this is fine. Beautiful discussion and interpretations or lack of such and a law abiding productive citizen of Barbados is due to lose his house while bureaucrats look the other way, twiddle their fingers and harp on simple points of decorum. You people have gone past being tedious … you bore the shite out of me.


  16. BAFBFP, you are not showing any consideration for Mr. Weekes’ case at all or consideration for jurisprudence in general, because the bottom line is that this case will not be decided on any sentimental reasoning you put down, but by the very legal arguments that can be put up.

    Furthermore, I would have you know that Mr. Weekes is a lifelong friend of mine having gone to the same school as he, his brother (who happened to be one of my best friends) and his sister. So to accuse me of looking the “other way” is erroneous to say the least. Or is it that you are trying to intimidate somebody here? You no longer subscribe to free speech?


  17. @David, BTW, I have no difficulty with BU’s position. I am probing a bit further… like trying to cover bases.


    • @ROK

      No problem, unfortunately Mr. Weekes will probably have to go to Court to relive himself of this issue.

      It appears he has been misled by the AG’s Office, caught up in routine or so it seems.


    • There is a nauseating ethos which permeates how we do business in Barbados which we have to find a way to free ourselves.


  18. Interestingly enough the then Attorney General the now PM promised Mr. Weekes his day in Court. Today the style of Mr Stuart is clear for all to see … obviously that day never materialized …!


  19. @ David,
    OK !!
    Your are right about the “nauseating ethos”. Now tell us where it gets any better than Bdos in this whole world….?
    In many of the “model” places where the ‘ethos is less nauseating’ there are “other issues” that are MUCH worse … To the extent that it is no wonder that so many who have the financial option to live ANYWHERE on earth choose our ethos.

    Here is the POINT…. How long will it take you to come to grips whith the REALITY that the actual POINT of being on this earth has nothing to do with the kind of objectives that we so passionately seek out…. Like everyone being rich, happy, fulfilled and healthy

    If everything worked as we on BU seem to desire then the REAL purpose of our world would be defeated…. Where did you ever hear about a CALDRON which was not hot, steamy, noisy, and uncompromising? How are diamonds created without heat and pressure…?

    Perhaps Bim, despite all our protestations is about as ” good as it gets “, and if we were wise we would instead try to understand WHY, with all these unfair, hurtful, thoughtless situations that seem to pervade everything, our world would have been described as “perfect” by its creator…..for its intended purpose.

    @ BAFBFP
    Your righteous indignation is touching and almost convincing…until one remembers that you are motivated by the potential for Forex gains rather than the pursuit of truth and justice… 🙂


  20. David I don’t know why Mr.Weekes is surprised. This is [shamefully] how we Bajans treat each other.

    We do it at work.

    We do in to our family.

    We do it to our friends.

    I have a now [ex] friend who promised to get back to me on New Year’s Day 2010.

    I know I won’t hear from [ex]friend until [ex]friend wants something.

    We are both rude and arrogant. ,

    And selfish as hell.

    Looka Mary Redman and the Alexandra teachers are still waiting for stage two.

    And the PM ain’t talking.

    This is we culture (unfortunately)


  21. Random Thoughts
    This has NOTHING to do with our culture. This has everything to do with the fact that the major political parties are answerable to no one and CANNOT be sued. When one loses office the other just simply has to mark time and blame the previous administration for the problems that were created under their watch. Weekes like Barak and others have become the victim of two political administrations that lack the skill set or desire to resolve issues, in particular those issues that were created by impropriety on the part of the same parties … I say f#ck em both …

    VOTE INDEPENDENT

    (I trying to ignore Bush Tea …)


  22. off topic

    Commentary: Better days – boom or bust?

    By Melanius Alphonse

    The irony is staggering even as the illusion is being unveiled.

    To be fair, the government of Saint Lucia is finding it hard to chant from the roof tops after five years in opposition and 100 days in office.

    The inflexible truth to meet head-on is simple: better days to what — boom or bust? Thus, there is no good reason to be optimistic – well… thus far!

    The experiment is such that there are many ways to rise to the challenge, but should policy makers get it wrong again, it could be the first “step” towards a “leap” into a downward spiral.

    The clearest signs thus far amount to a drag, and not even a recovery that is consistent with chants to better days is foreseen.

    To respond effectively the SLP government tiptoed in opposition, huffed and puffed with no strategic analysis, and now on the verge to flip flop with an even larger problem. One that requires skill and action to avoid political shock, deepen debt, and will soon have to resort to more of the same — raising capital through government bonds and advances, with high interest rates.

    All of this on the soured backs of Saint Lucians.

    Ouch, this is painful on top of untreated wounds.

    With an ever increasing debt-to-GDP ratio widely estimated in the proximity of 85 percent, most await with anxiety prescription, which option to economic growth the SLP government will seek.

    This is fundamental in order to avert social and economic disorder, and to answer chants to better days that can actually work.

    It is hardly a secret that the SLP government is overwhelmed with the situation at hand, on the heels of a UWP indebted government, best described as delusional and gloomy, with a legacy of sustained political incompetence.

    With reports that $484 million (EC) is urgently needed for invisible capital projects, from the precious UWP indebted government, one wonders, will Interpol be given the opportunity to probe in this conduct for clarity?

    Is this the cost on the run to better days – boom or bust

    http://www.caribbeannewsnow.com/topstory-Commentary%3A-Better-days—boom-or-bust%3F-10276.html


  23. Carson what is your point? Are you trying to find an excuse for the incompetence of this present administration (your friends)?


  24. Sometime on Thursday this week past i received a call and i was told to go look at the Barbados Underground website and i would see some remarks on my matter/predicament or whatever term one seeks to call it.

    I first express my profound thanks to all of the well wishers and friends of recent, and older times and climes, who have weighed in on this matter both here in BU, in other news media, and those of you who have phoned me to express your concern and give their support.

    Reference has been made to” the other side of the story” and I concur that there is “my side, the other side and the truth”.

    I would want to provide my detractors, as well as my well wishers, with some inviolable truths through which i am sure readers will obtain a clearer vision on the Instruments of Ratification.

    i ask your kind forbearance as you take a few moments to visit this link and view what some have called “impunity with immunity” My grandfather called it “send the fool” further and further.

    Take a look at https://docs.google.com/#folders/0B0Hc4MFCmayjRjRCbktmUnZTcDZJRFZMaFM4RGo2QQ

    Hopefully you .have now read those long email between CARICOM and me and, mayhap, that puts to rest those queries about whether “there is another source to obtain these “troublesome documents”.

    (General Counsel for) Caricom, the official Repository for the RTOC has refused to give me a copy for these many years. These documents are the very same ones that the Administrative Officer at the Office of the Attorney General threatened to have security throw me out of their Wildey offices when I went there for a copy.

    My last recourse recently has been to copy email/write to the UN General Secretary seeking their assistance/support under their UN Treaty Office mandate. When CARICOM counsel saw that email, they called my then lawyer and told him that I should cease and desist this because “it was embarrassing CARICOM!” I losing my house my house, they wont pay my company its money and they are concerned about being “embarrased”

    @Carson C. Cadogon, I don’t know who you are but i commend you on inserting 366 characters, with paragraphs, and seeking to make obscure the subject at hand, well done.

    You are not alone in this guerilla tactic and your attitude is emblematic of the global modus operandi, and treatment, meted out by others, including CARICOM, who I purport to have taken what is mine.

    When I went to CARICOM in 2003, I brought them a world class technology, one that did not exist anywhere in the world see https://docs.google.com/#folders/0B0Hc4MFCmayjRjRCbktmUnZTcDZJRFZMaFM4RGo2QQ

    Go up to Grantley Adams at American Airlines or an international airport anywhere in the world today and you will see part of my solution, rapid check in and advance passenger vetting, technology patented at a cost of $1.2M using David Weekes’, IBIS shareholders and Central Bank backed loans, that is what CARICOM and its agents are purported to have purpoined..

    “He from Bush Hall an’ whu he got is only fuh we (from de heights). Whu we gine do is tek it from he, and we gine use de Barbadus law courts to rob he of he birfright, lock he up (committal order failed), sell he house (in process), try to kill he wid de financial pressures (three heart attacks) en den, when he gone, it all is we own”

    As puerile as this attempt at dialect summary is (gleaned through a glass darkly from a linguist ex-wife), it mirrors exactly what i have lived through these past 9 years.

    “For Caesar (Carrington/LaRocque/Adriel Brathwaite) is an honourable man, so are they too (CARICOM et al.) honourable men….”


  25. The correct Link for the CARICOM/Weekes email showing how Caricom treated Weekes’ official requests is found at

    https://docs.google.com/file/d/0B0Hc4MFCmayjQlZIQ1daNm5RZGFkVXk3Q0FqOWhvQQ/edit

    That for the patent that was part of the patented technology shared with CARICOM under confidentiality agreement (and which is ONLY available under cover of the omnibus submission at the United States Patent and Trademark Offices) is found at

    https://docs.google.com/file/d/0B0Hc4MFCmayjYzVjNDdXblhSTk9DbC1wLURpUURYUQ/edit


  26. @Weekes. I think you ought to retain good counsel who will almost certainly then advise you NOT to try to bring this matter to trial by Blog, but in court. They will also tell you whether or not you have a viable case. If you do have a viable case, it should be pursued.


  27. @ Amused. Your comment on “trial by blog” is accepted and respected. There is nothing that I have mentioned or will mention on this, or any blog, that has been, or will be, sub judice.

    My own contributions was with regard to the misconception that it was a simple thing to either google the internet of write to secure the troublesome “Instruments of Ratification” from any regional repository (of treaties) or for that matter the office of the Attorney General which when last time i checked would have been the local facilitator that directs the Ministry of Foreign Affairs on any treaty or protocol it binds our government to. (I would, as a test of what I problems i encountered ask you, Carson C or any reader to write to CARICOM or the Office of the Attorney General and see how easily they can secure the documents which this Repository or the OAG claims to have. Try it yourself sirs, write any one of the governments that are signatory to the RTOC and then you may speak to this matter)

    It is a fact that i am the party that has been discommoded by this litigation and it is evident by my commentary that it has had its impact on my life, my company’s existence and my shareholders’ investments but i would ask you to pause just one second and look at the bigger picture and not get tied up as many have been on the micro issue..

    Look at https://docs.google.com/file/d/0B0Hc4MFCmayjYzVjNDdXblhSTk9DbC1wLURpUURYUQ/edit and then juxtapose this against the US$ 15 billion that Accenture or similar international provider is now, post G.O.D.I.S’ presence (and representations), now reaping as Traveller Vetting Solutions in the Border Crossing arena and maybe, just maybe, it dawns on us all that this is not a Weekes/CARICOM thing.

    It speaks to the niggling issue of how we, as regional citizens, perceive ourselves as “hewers of wood and drawers of water”, incapable, post the removal of the oft mentioned “colonial yoke”, to see ourselves as masters of our fate, producers and not consumers, and rallying around our own sons of the soil, truly supporting entrepreneurial activity in deed and not just playing lip service to the concept. .

    David Weekes will die, and CARICOM, if it continues on its course will pass, but the G.O.D.I.S solution that I purport has been high jacked has a shelf life well beyond the five years we, Weekes/CARICOM, have been fighting in court and it will be of importance to border crossing processes even when the “beam me up scottie” technologies come into being.

    Where there is no vision the people perish.


  28. Amused | March 26, 2012 at 3:31 AM |

    “@Weekes. I think you ought to retain good counsel …”

    You think Weekes is a idiot …? What is this entity that you refer to as “good counsel”… Who he is? Astaphan …? But other than Astaphan dey ain’ nabody else … You don’ think that the man has been down dah road dat you suggest’? Which country you livin’ in Padre …?

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