Former Chief Justice, Sir David Simmons

It is no secret BU has developed a good relationship with some members of the legal fraternity. Today’s Sunday Sun reports that former CJ Sir David Simmons plans to reveal ‘shocking’ details about the refusal of the government to extend his tenure has prompted a ‘BU Op-ed’ from one of our legal sources.

Former Chief Justice of Barbados  Sir David Simmons has broken his silence and in an interview reported in today’s Sunday Sun, “is promising to reveal “SHOCKING” details of the Government’s refusal to extend his tenure as the Island’s top judicial officer two years ago “.

In addition, Sir David has promised he would “soon tell all to the nation regarding the decision to turn down his request “. He is further quoted as threatening:  “When I reveal all the facts in due course after the inquiry, I promise that it will be clear that it was a political decision. I have a lot more to say and documents to produce that will shock the people of this country .”

This new stand about to be taken by Simmons is both surprising and shocking for the following reasons:

  1. After a period of relative silence, he has now resurrected the issue of his appointment which was opposed by ALL REASONABLE INDEPENDENT PERSONS as an appointment that should never have taken place given his political involvement.
  2. It is utterly amazing that a former Chief Justice would seek to jettison the HALLOWED LEGAL PRINCIPLE that you do not attack ANYBODY WHEN HE DOES NOT HAVE AN OPPORTUNITY TO DEFEND HIMSELF. It would seem that Sir David has waited until Mr Thompson was a SAFE DISTANCE AWAY AND UNABLE TO SPEAK IN REBUTTAL TO LAUNCH AN ASSAULT.
  3. I clearly remember that in an interview with the same NATION NEWSPAPER, Sir David Simmons towards the end of his tenure, when asked about his judicial future said , among other things , he was tired and needed a rest; he wanted to be in a position to give assistance to his daughter who was in the practice of law; he wanted to do some writing. When asked by the interviewer if he had sought an extension, HE REFUSED TO SAY. I recall too that the said edition of the NATION was held up by Prime Minister Stuart in the Parliament and made a document of the House. Is Sir David now prepared to have the whole of Barbados consider him as being DISINGENUOUS?
  4. Can you imagine that a former Chief Justice would threaten to PRODUCE DOCUMENTS to support a PERSONAL agenda he is pursuing? One wonders if there are OFFICIAL STATE DOCUMENTS AMONG THEM . The mind boggles. One thing has come to light from this threatened expose’; DAVID SIMMONS IS A BITTER MAN. HE HAS SUFFERED A HUGE DENT TO HIS PRIDE. But he has made a FUNDAMENTAL MISTAKE; HE HAS RETURNED TO THE BATTLEFIELD FROM WHENCE HE CAME, THE POLITICAL BATTLEFIELD.

That being the case, he must know that he can expect no mercy from the man at the head of the other army nor his troops. DAVID SIMMONS HAS EXPOSED HIS HAND . HE HAS PROBABLY TAKEN THE MOST INJUDICIOUS STEP HE HAS EVER TAKEN IN HIS PROFESSIONAL LIFE. HISTORY WILL BE LEFT TO JUDGE HIM.


  1. @Casewell. You could only be a ass. A leader of the opposition has a right of consultation, not of veto, on the appointment of a CJ.

    Also, my recollection is that Simmons was appointed in 2001, but I seem to think (and am happy to be corrected) that the then leader of the opposition (DLP) was none other than Mr “I Got To Be PM” Mascoll. NOT David Thompson. Is my recollection right or wrong? Some expert please advise.


  2. @ robert ross .
    Go back to the Law report which reports the case PEARSON LEACOCK v ATTORNEY GENERAL . There you will surely find that the Attorney at law who represented the Applicant is STEVE GOLLOP . THAT IS A FACT . If in your fishing expedition you would still wish to make certain insinuations I can send you to the source for your inquiry . Peace .


  3. @ robert ross.
    And remember curiosity kille the cat .Tread carefully.


  4. @ Amuse
    but I seem to think (and am happy to be corrected) that the then leader of the opposition (DLP) was none other than Mr “I Got To Be PM” Mascoll.
    NOT David Thompson.
    ***************************************
    What a cop out …a null point….we are all free to cross overs aren’t we ? What has that to do with the price of cheese?


  5. @ Caswell ! NOBODY nor NOTHING is safe with you far more my identity ; you may continue with your speculation . But be careful ! you are in danger of taking a 6 for a 9 ….LOL . Peace .


  6. @An Observer.. | April 16, 2012 at 7:45 AM. Excellent. That answers my question above. I couldn’t quite remember.

    I see that RR is on his time of the month and directed his erratic aim somewhere in the vicinity of you, give or take a half mile.


  7. The Opposition Office of DLP….( whether gearbox or spiderman)…..”as Leader of the Opposition, was consulted about the appointment of David Simmons as Chief Justice, and he gave the appointment his blessing.”


  8. @ Amused. re RR.
    Let him aim ; he is an expert in all kinds of legal matters ; he must therefore know the law related to TRANSFERED MALICE . If he hits the wrong man , so long as he was in fact aiming at a MAN , he would stand GUILTY . He should know the law . LOL . peace as usual .


  9. @robert

    Understand your point about legitimate expectations. Let us wait to see those documents then!

    @Caswell

    In this case it is legitimate to question Simmons’ reference to having documents. It is the speculative ‘drama’ that will now dog election rhetoric up to election time. Who is to benefit from it all?

    Timing is everything evidence is nothing,,, in politics..lol


  10. @ David
    Could it be that persons other than you have managed to compromise the implicit and or actual confidentiality of BU. And if this is so could you shed light on the remarks above where one person is attemping to abridge the free speech rights of another under a threat of outing that person. How could this be? Is nothing sacred? You David are being called upon to defend this allegation.

  11. Caswell Franklyn Avatar
    Caswell Franklyn

    Old Onion bags

    Don’t go on the back foot: those fellows can’ bowl.

    I am not in the habit of backing down from anything that I would have said, and this time, it will be no different. I wish to state emphatically that DAVID THOMPSON, as Opposition Leader, was consulted and agreed to the appointment of David Simmons as Chief Justice. You would recall when Simmons retired as AG in August 2001, he gave a broad hint at his retirement function at the St. Thomas Branch that he would be moving to higher office. The consultation was completed before Simmons demitted office as Attorney General.

    Simmons’ retirement paved the way for a by-election in St.Thomas which the DEMS lost miserably. Thompson accepted responsibility; fell on his sword; and resigned as political leader and Opposition Leader. Mascoll assumed those offices. Simmons became Chief Justice after Mascoll became Opposition Leader, but the consultation was done before Mascoll’s time. A similar thing happened with the appointment of the current Chief Justice. If memory serves me correctly, Thompson consulted with Mia Mottley, as Opposition Leader, on the appointment of Marston Gibson as CJ before they discovered that he did not meet the requirements of the legislation for appointment.

    By the way Observer, you were with me on the campaign trail with David Simmons in St. Thomas. What has happened now that you have taken such a hostile approach to Simmons.


  12. Interesting…


  13. To David.
    Should be grateful if you would provide the link for this legal authority : LEACOCK ( Pearson ) v ATTORNEY-General…(2005) 68 West Indies reports 181. Counsel appearing ..Steve Gollop for the applicant , Mr Leacock ; Roger Barker and Sharon Deane for the Attorney-General ;
    Sitting : Sir David Simmons Cj ; dates of hearing 11 ,13 AND 27 OCTOBER 2005 . This will give readers some insight into the legitimate expectation doctrine to which you referred above . With thanks .


  14. @ Caswell and Pachamama | April 16, 2012 at 12:32 PM |

    I may be a newcomer (January 2012), but the way I feel….I am sorry the day I came in here..with the hope of an insider thread on the AX issue….but there some things that happen….real shitty…not long before I exit for good…friends in here get D pick and MORE….a despicable sham..nothing less…..

    @ Caswell……they sent a snob …not an off break


  15. @Pacha

    It is unfortunate Cawell has resorted to using such an approach. Be assured it must all be speculative on his part and nothing to do with BU’s involvement.


  16. @ David .
    I really do not intend to continue much further exchange with rr on this matter on who was / is a PIONEER in the establishing of this doctrine in the Caribbean but the point must be made that in the LEACOCK case counsel referred the court to over TWENTY cases on the doctrine going from the 1969 landmark case of SCHMIDT , to the Guyana case of BARNWELL in 1993 . Pearson Leacock was 2005 . You may judge how anybody coming THIRTYSIX years after the development of a doctrine can be considered a PIONEER of that same doctrine . I HERE REST MY CASE . Peace my brother .


  17. @Pachamama | April 16, 2012 at 12:32 PM |
    @ David
    Could it be that persons other than you have managed to compromise the
    implicit and or actual confidentiality of BU. And if this is so could you shed light on the remarks above where one person is attemping to abridge the free speech rights of another under a threat of outing that person. How could this be? Is nothing sacred? You David are being called upon to defend this allegation.
    **************************************
    NOTICE HOW HE TRIES TO DODGE THE QUESTIONS………..


  18. @ Caswell .
    Since you claim to know me so intimately . CALL ME OR MEET WITH ME and let us TALK …LOL ..You certainly would not want private information revealed on the blogs . SOMEBODY MIGHT GET HURT .Keep shooting but do please try to avoid hitting the wrong person / man . Peace .

  19. Caswell Franklyn Avatar
    Caswell Franklyn

    David

    Rest assured, I will respect bloggers’ anonymity. I have no intention of disclosing anyone’s identity: that is up to them. Since I have been writing on this blog, I have been able to identify three people from what they have written, one of whom was very offensive to me. I did not even retaliate and disclose his identity: I merely spoke to him on the telephone and ask why he was “cussing” me. You see I am a very good listener, and I am able to identify people by what say and how they say things. My only problem in this regard, I am yet to work out who is the man called Bush Tea. He has me at a severe disadvantage.


  20. @ Amused
    Your “comments ” are worse than a market brawl between 2 women. Where did you learn to cuss like this? In University?

    @ An Observer

    Stop kissing Amused ass.


  21. @ Caswell.
    Throw away the IDENTITY RED HERRING now Caswell . Deal with the misinformation that you fed us on this blog . persons were named to refute your claims about who were first to the honours mentioned by you . DEAL WITH THAT ! CONTRADICT IT NOW IF YOU CAN or forever hereafter hold your peace.


  22. @Caswell

    Understood.

    People forget that by referring to people, places and things others are able to connect the dots sometimes. There is nothing sinister which BU is party to but the silly season is upon us.

    @An Observer

    Will search for the link or any other can post if they find it.


  23. @ David
    You are a gentleman and a scholar. Thanks very much. Of course this does not make contact with the wider internet freedom debate. For we now know that certain agencies are able to compromise whatever security mechanism that you may establish in ways that are generally unknown to most contributors.


  24. @Pachamama

    Indeed, Big Brother is always with us.


  25. @ Observer

    Do you think you might get your eyes tested? At no point have I said or implied that the judgment in Leacock is novel in a Caribbean, or wider, perspective. Indeed, you acknowledged this when you quoted me above – see the word ‘here’. In Barbadian terms, it was a landmark decision – as you say clearly in your middle-of-the-night post argued by the son of Gollop for Leacock. For the rest we all have Fiadjoe in our libraries.

    As for my reference to GOLLOP in my earlier blog, there was no room for error or misunderstanding. You stated the case was argued by Steve Gollop. I knew it was argued by Steve Gollop – I have the report here. So why are you getting your knickers in a twist because I said it was argued by GOLLOP? Beats me…………………

  26. The entity who used to be known as Chris Halsall Avatar
    The entity who used to be known as Chris Halsall

    @BU.David: “Indeed, Big Brother is always with us.

    Yeah.

    Like you.


  27. @ Observer

    When all else fails you resort to threats. You tried it obliquely with Caswell; you’ve tried it with me. But no matter – bring it on. On transferred malice – yes you’re quite right I do know it – but I would in fact be aiming at a block of wood.

  28. The entity who used to be known as Chris Halsall Avatar
    The entity who used to be known as Chris Halsall

    @robert ross: “When all else fails you resort to threats.

    Indeed. And those who are strong laugh at threats.

    It will be *very* interesting to hear what Former Chief Justice Sir David Simmons has promised to say which is so shocking.

    Compared against, of course, his own demonstrated abilities and performance….


  29. Pachamama; as Caswell noted, there are ways in which a regular poster can be identified on this blog by style of writing, common typographical mistakes made, references to past occurrences, where he/she lived, or worked, attendance at functions, occupation, etc. etc. (But of course people with an agenda can mislead a seeker by providing false information in their posts)
    In addition, there are ways in which anyone’s computer and its location can be positively identified by anyone with the correct software tools that are freely available on the web. Ask the entity formerly known as Halsall, or David, or even Bonny Pepper if that is so? I would hate to discover that Big Brother is monitoring this blog to identify posters (I mean the bajan big brother not the real global one). As far as I can see, David has never disclosed anyones ideentity on this blog. But who knows what can happen.


  30. Wonder if we are not drifting from the central issue. Many agree that the state of the courts is a mess which reaches back for many years. Can we say that CJ Simmons should not be held accountable and if so was this sufficient to NOT extend his term

    Are we happy to argue the point that there was a historical basis for Simmons continuing in the job and when we add Robert’s legitimate expectation scenario,,, well there you have it.

  31. The entity who used to be known as Chris Halsall Avatar
    The entity who used to be known as Chris Halsall

    @BU.David: “Many agree that the state of the courts is a mess which reaches back for many years.

    But!!! CJ Simmons was CJ during many of those years.

    One might have reasonably thought that someone given the job of CJ would have wished to do the job well (read: make changes to make things better) rather than simply taken the money and done nothing meaningful.

    But perhaps I’m simply stupidly naive….


  32. @Chris

    This is the point, why are we drifting from what is a performance issue?


  33. @David
    It has returned to a full political issue too. Performance will drift into the shadows of “our” partisan minds….

  34. old onion bags Avatar

    “It’s precisely the disappointing stories, which have no proper ending and therefore no proper meaning, that sound true to life. ” :Max Frisch

  35. The entity who used to be known as Chris Halsall Avatar
    The entity who used to be known as Chris Halsall

    @BU.David: “This is the point$m(sic) why are we drifting away from what is a performance issue?

    Your question is?

    Please try to be coherent. You are the blog master, after all….

  36. old onion bags Avatar

    “Our grandly business undoubtedly is, not to see what lies dimly at a distance, but to do what Lies clearly at hand.”


  37. @ Caswell
    LOL.
    No need to bother about Bushie having you at a disadvantage, Bushie has your back. You are much more of an asset than you even know, any idiot can be a good prime minister, the challenge is to keep them an honest, caring, faithful representative of their oath of service….
    You more than anyone we know, have the knowledge, patience and balls to keep such a person in proper line if given the correct tools to do so…It did not take Bushie long to figure that out (40 years or so…. LOL)
    Bushie actually called your name on this blog even BEFORE you came on here…. David may recall….

    As to who Bushie is? 🙂 ….. Nobody really, …..unless you are talking about BBE’s side of things…

    As to the former CJ, … a nice person, but like most Bajans, never really saw any direct connection between the job he held and any ACTUAL results obtained. It was just a “deserved perk”.
    He is probably truly confused that he was not retained because he saw it as a right – rather than because of any reference to producing results.
    This is exactly how most Bajans operate… From the leaders to the lowest workers….

    @ Onions
    Try and go long back to school tomorrow and teach the people’s children. Bushie leaving you to Uncle Jeff …. 🙂


  38. Everyone knows David Thompson was LOTO at the time of the St.Thomas by-election in 2000 and therefore MUST have been the person consulted on the appointment of Sir David to the post of CJ. Time surely does reveal the truth.

  39. old onion bags Avatar

    @ Bushie
    A rat by the tail will curtail it to be free…..enuff said or no a parting shot..The success of the wicked tempts many to sin. ..but sweet days don’t last forever either…..wanna go find a job for he ..or them!


  40. I am surprised that someone who held the position of chief justice will want to bring the office in disrepute. Sould the former cj be embroiled in a matter of this nature and has he forgotten that he would be held by the secrecy act and what is his motive for taking this approach. He was not entiled to an extension because he applied. HAS he forgotten under what cirmstance he was
    appointed and what circumstance.

    I know the silly season is upon us, but i am ashamed that he would want to discuss a mtter in public, with the other party not here to defend anything the former ch might say and i think he is crying over spilt milk


  41. yeap or should we say a disgruntled former employee with a bunch of sourgrapes in tow


  42. !@DAVID

    CAN U get the ruling of the police officer and have it printed here, i am not filly seized of the facts, bit i was told that the commisioner had made the decision and not the the Training Committe.


  43. @David

    This case was interesting reading. Can we argue under adamintrative law that a person has a legitimate exspectation, and where political consideration is the order of the day that legitimate exspecation is the order of the day.

    @Observer / Robert Ross

    your take on adminstrative law and politcal consideration on the doctrine of legitimate exspectation.


  44. “One step forward and two steps backward and tremble
    Hold belly and tremble …
    It’s the breakdown”

    Now who pen dah song fah Serenader when he win de crown again … Can’ seem to remember, brain goin’ addle now (Gettin’ too close to Sergeant now)


  45. @ Checkit-Out | April 16, 2012 at 3:03 PM |

    “… As far as I can see, David has never disclosed anyones ideentity on this blog. But who knows what can happen.”

    Yeah but David a few years ago allowed a minibus service owner to expose a good few people and did nothing by way of editing the post …!


  46. @ David ..
    Thank you most kindly for providing the link for the Leacock Case .


  47. @ robert ross .
    THREATS !!!!!! Man give me a break ! And you accuse me of lacking humour ??? Do have a good night and….peace .


  48. Aint it funny how a few words from someone many believed Thompson ‘fixed’ causing so much commotion.Wunna shudda tell Thompson not to tell lies on folks.


  49. The decision to deviate was entirely within the domain of the late PM- VERY TRUE MR DAVID, SO IS THE PREROGATIVE OF MR SIMMONS TO DEFEND HIS INTEGRITY AND CLEAR THE AIR ON THE PERCEPTIONS REAL OR IMAGINED OFFERED UP ON THE BLOG ON HIS TENURE AS CHIEF JUSTICE.

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