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Former Chief Justice, Sir David Simmons

It is no secret BU has developed a good relationship with some members of the legal fraternity. Todayโ€™s Sunday Sun reports that former CJ Sir David Simmons plans to reveal โ€˜shockingโ€™ details about the refusal of the government to extend his tenure has prompted a โ€˜BU Op-edโ€™ from one of our legal sources.

Former Chief Justice of Barbadosย  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:ย  “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.


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  1. the administration of the justice system was in shambles long before mr simmons took up the appointment of chief justice and it will be so long after mr gibson demits office because the structures are not only antiquated but institutionalized.tinkering with the system as has been done wishy washy over the years to appease criticism has been like pouring new wine in old bottles.the system cannot be renovated but replaced and until god knows when a new system is introduced , then the status quo will forever remain.the failures of the system during mr simmons’ tenure cannot be entirely laid at the doorstep of the former chief justice did try to institute innovative ideas with respect to the dispensing of justice by the courts.
    It is my view that the pillorying and demonising of mr simmons by dlp apologists has been a clever attempt to mask the incompetence of the dlp advised by the then attorney general stuart that there was no legal impediment standing in the way of the appointment of mr gibson to the post of chief justice when indeed there was one and the subsequent accomodation of mr gibson for the post by changing the constitution. by the way wasn’t mr frederick smith a former attorney general appointed to the bench after he gave up active politics.


  2. balance
    The more things change, the more they remain the same. Mr Gibson will be no better than the others before him. Politicians are ruling the government BOTH PARTIES, and they are a faternity to themselves; Mr Gibson would just join the gang.


  3. The topic is still a hot button issue and I reiterate my earlier comment that the ex CJ revisiting this subject is like picking up a piece of excrement by the good end.
    This should not be about BLP or DLP, an appointment of this magnitude should transcend politics. If the roles were reversed and Thompson appointed Stuart to that position the same people defending the appointment would be up in arms over the issue.

    Arthur made an egregious error in appointing Simmons not because he wasnโ€™t qualified
    ( I canโ€™t speak to his legal acumen) but because of his active political career which culminated in Simmons membership in his Cabinet as Attorney General prior to his appointment as CJ. Simmons could have saved Arthur from himself by pointing out that the optics were in a word appalling and it didnโ€™t pass the smell test.

    Politicians seem to think that after they are elected that they donโ€™t have to answer to anyone but whether they are Prime Minister or backbencher they have to serve someone.


  4. @ David
    “Like Sir David BU has an opinion why he would want to drop this matter on the public at this time. Until he does David and BU will opine on the matter until heartโ€™s content, somewhat like you do”. …………..

    David,

    Remember that soon after the PM refused to extend Sir David’s contract. DT got sick which went on for sometime until his death. Certainly it would have been in poor taste for DS to say what he had to say then. Bajans would have jumped on the man’s back like most are doing here.

  5. Smooth Chocolate Avatar
    Smooth Chocolate

    no one cares a rat’s bottom how and why he was dismissed. they are all crooks. his grouse is that he can no longer milk the fatted cow for friends and family. the new chief justice reminds me of a gorilla but at least he seems pretty honest and just. david simmons could go and sleep and enjoy his retirement, whether forced or otherwise


  6. @Prodigal Son

    This true but we will have to wait and see if his method of delivering the info is via his memoirs or the Nation.


  7. It’s time we all grow up ! All these CJ’s and big ups end up with fat pensions for life and all the perks. The truth is that if David Simmons has something to say we should welcome it. Quite frankly, if he feels that it will “shock” us all,so be it. The days of hiding behind prestige and so on while the masses remain in the dark are over. Let the man speak and then we all can decide if he has breached any protocol. We paid him and if he feels we need to know something , we should just let him do so.
    As for the new CJ , I am not surprised that he is giving the office a positive public face. It is obvious he was not cut from the same cloth of those who now masquerade as the new plantation owners. Let’s face- it those who come from the privileged social classes don’t feel any commitment to anything or anybody but themselves and their imagined right to high office.
    All this elitism of office and worshiping mere mortals should now cease. We are making Gods out of rather ordinary men and women and elevating people to heights that they neither deserve are earned
    No wonder the so-called educated people can attack a party’s economic policy for twenty years and then become that party’s chief economic spokesman without any fears of being branded a cold blooded political opportunist
    Let Simmons talk and write.


  8. Skinner you los’ some a dah weight yet …?


  9. If the roles were reversed and Thompson appointed Stuart to that position the same people defending the appointment would be up in arms over the issue.”

    and the same people opposing mr simmons appointment would be championing the appointment. that’s the bestial nature of political governance which should be rapidly discarded before it gets worse.


  10. what boggles my mind is how an informative forum like bu which prides itself in going where no one has gone before in seeking the truth should now join with those dlp apologists in trying to cower mr simmons into silence in his attempt to defend his record and in the meantime clear up the misconceptions published about him on this forum. i would have thought that the bu family in the interest of truth would want to hear mr simmon’s revelations before indulging in speculative comment.


  11. @balance

    You obviously read the comments with a cockney eye.

    Of course we all want the truth however what Simmons announcement has done is to expose the folly of his appointment in the first place.

    The sentimental arguments that he is a good person etc is irrelevant. In the same way justice must appear to be so the same extends to his appointment.

    It is high time our politicians wake up to the fact we are tired of the foolishness.


  12. also at question is simmons timimg of his revealations and the political expediency of it all

  13. Caswell Franklyn Avatar
    Caswell Franklyn

    David

    Are you aware that the news of Simmons’ memoir sent the DEMS in such a panic that they had a meeting to plan how they would respond. After they realized that it was not going to be an expose in the Nation anytime soon, they decided to suspend their attacks. Apparently, people like AC did not get the memo.


  14. When a person is serious about breaking their silence in circumstances such as these, they do not come out beforehand and create a stir first, they say what they have to say (unless of course they are a politician). It is known as flying a kite.


  15. @ William Skinner

    On ‘they are ordinary men and women’ – so true. We know they’re not Gods; but we give them office and then pretend they are – for a while – until it suits us to pretend otherwise. It says as much about us as them.


  16. @David

    if u strat wrong u cant end up right. and that goes for the appointment of ds as cj.


  17. @ Observer

    I did…..and of course +


  18. Blogger 2012 re. your 7.52 am post above;
    It also goes for the appointment of the current CJ.
    But I suspect that the reasons for going wrong were contrived in the former CJ’s case in a fit of pique and strategic wrong headedness. The Current CJ is not likely to suffer the same fate unless there is similar pigheadedness on the current opposition side when the time comes for him to go.


  19. I canโ€™t speak for the motivation of others but as a citizen and interested observer I would welcome the publication of a memoir, the only caveat is that one of the principals is no longer with us and we wouldnโ€™t be able to get his side of the story. The very suggestion of a memoir has served to put this issue back in the spotlight where bloggers can vent once more and Iโ€™m not sure that it would change anyoneโ€™s opinion.

    A memoir is not an autobiography, it can be a reflection of a career but if the primary purpose of this memoir is to focus on the denial of an extension of a mandate one may easily conclude that it was motivated by spite, in which case it may do more harm than good. So I hope the memoir covers the whole political and legal career.

    How about the bit players also writing an exposรฉ on the whole matter? Caswell? You seem to know a great deal about the back room shenanigans and the more the merrier.


  20. Yes, William Skinner has a salient point. A deeper question could be – How do we get a phony classist regime to transform itself in ways that prevent court jesters like Caswell Franklyn from looking to the David Simmones of Barbados to pay obiesence to? Though we have found Simmons to be a fairly decent chap over the years, why is it that Caswell Franklyn could only bark when his master (Simmons) tells him to? Anytime he bites, it is his master who tells him to. The behavioral psychologists recognize this malady as a representation of a modern slave mentality.


  21. Therespondent though he is dead yet shall he live and much of the claims or information would be refuted by those closest to knowing what took place and the relevancy of itall therby seeing other books written by those in the DLP camp this is by no means be left as a iopen and shut case by Simmons for there are going to be charges and countercharges agressively submitted by the other side .the overall context of the book should be why he was dismissed and not a vindicativness of wanting to get even


  22. @ac. He was not dismissed. The way I understand it is that at age 70, judges have to retire. BUT, it is an option available to the government to ask them to continue to serve until they are 72 and, once invited, it is their option to accept – or not. David Simmons reached the retirement age of 70. The government decided that it did not want to exercise its right to ask him to continue for a further 2 years. So, he was NOT dismissed. BUT DS seems determined to give the idea that he was fired. In saying this, I simply reiterate the excellent comment made by @We are not as smart as we think | April 15, 2012 at 12:52 PM.

    May I point out that David Simmons was replaced by Justice of Appeal Frederick Waterman as acting CJ. Waterman AJ was asked to continue his tenure as a justice of appeal once he reached the age of 70 and to serve as acting CJ until the position had been permanently filled. However, Waterman AJ exercised his right to NOT continue past the age of 70. Unfortunately, Waterman AJ thus delivered us into the hands of Moore AJ who perpetuated the DS myth that the Barbados Judicial System was alive and well.

    No one has any problem with DS writing his memoires. The market his glutted with the memoires of politicians. These tomes make excellent door stops and can certainly replace insomnia medications. In their true genre, that of fiction, however, they can be very boring.


  23. CCC
    “I hope that they are not official documents.
    Otherwise they hold implications for the Official secrets Act.”……………….

    You did not say the same thing when the dead king had all those government files and confidential papers he held up at Haggatt Hall in 2008.

    You hypocrite.


  24. Why would a caring Govt find it fit to tax monies received as Unemployment Benefit ?The sleight of extending an additional 12 weeks of benefits intro. TAXES to a society and not an economy…..
    The best for last…in an elections year…….green green.


  25. How insensitive can a PRIME MINISTER be? Here is P.M. Stuart calling out the EAGER 30 teachers at AX to a meeting today, the START OF A NEW AND VERY IMPORTANT THIRD TERM Why did he not call the meeting last week while the teachers were on holiday? It is reported the principal Mr Broomes was not informed about the meeting, if this is true the P.M was very wrong and totally disrespected the office of the principal even if he doesn’t respect the man himself. I smell a rat, this fiasco can cause the demise of the DLP as it seems FS is dealing on his own, without the backing of the PSC, the Ed minister, and certainly without consulting the remaining 22 teachers at the school. How can he reach a decision without taliking to ALL sides on the matter, this sounds like either the P.M has gone off his rocker or he is a DICTATOR; which ever way, this doe not spell good for the DLP government. Look out general elections may be just around the corner, we thought the Clico affair would have resulted in a forced elections but it appears the AX fiasco has the potential for such. I wonder how Mr C.J would rule on this matter if it reaches the HIGH COURT


  26. what Simmons announcement has done is to expose the folly of his appointment in the first place.”
    in what way? please tell me how.


  27. .
    On โ€˜they are ordinary men and womenโ€™ โ€“ so true. We know theyโ€™re not Gods; but we give them office and then pretend they are โ€“ for a while โ€“ until it suits us to pretend otherwise. It says as much about us as them
    sorry to have to repeat what you say but i must because it is our fault that we place them on pedestals of prominence which they find hard to bear.


  28. Come on balance for the umpteenth time, the man IS too f#ckin’ political and lackin’ in the kind of fibre that would make it easy for him to recognise the need to keep the perception (if only) of a separation of responsibilities between key administrative institutions alive.


  29. The Scout; If he did call the meeting today and did not inform the headmaster I agree totally with you, but I will await the official news. Oh what tangled webs we weave.

  30. old onion bags Avatar

    @ scout & Check-it & ac
    Looks like the chickens may finally come home to roost ……
    But what also do you make of this taxation on Unemployment Benefits ?
    Could Forde be over playing his hand ?


  31. @ Scout .
    Can you tell me what time the meeting is set for ? It is now 2 :53 PM and I have heard no announcement . It is now certainly outside of the school hours .


  32. @ “An” Observer
    no time was given up until last press report. Teachers were at BSTU HQ “waiting”


  33. @ Observing
    Thanks my friend . Peace .


  34. An Observer
    It was reported ( i choose my words carefully) that the P.M notified the EAGER 30 to report for work yesterday (monday) to get the programme organised for the term, but on Tuesday (today) report to him for a meeting. No time was set but if the teachers had to report to him instead of going to school, it meant the meeting would have been held during school hours. To date no official word has been given about the meeting, but a scource told me, it appears the P.M is handling this matter on his ownwithout any consultation from the other depts.


  35. @The Scout

    Do you think the PM is a j**a** that he would not coordinate the meeting with the help of the MOE?

    Really!


  36. @ BAFBFP
    Haha now it is no longer just being political one must be “too” political. I wonder how the degree of politicalNESS is measured? By the way there is no difference between the real and perceived in politics–Simmons was a Politician and Marston is a politician.


  37. David; Think what we will of the PM. He did coordinate his earlier meetings with BSTU without reference to MOE or with the Headmaster or with the other concerned Unions. If he does the same now does that make him a J***a** now or was he one before or is the uestion of being a J***a** irrelevant to this matter? I would say instead that he marches to the beat of a different drummer than the one to which we are accustomed in relation to solving industrial problems by Prime Ministers.


  38. What are you really saying David? Really?

  39. old onion bags Avatar

    All this on line cohesion will get you all nowhere…..the die is cast and things as we speak are in motion…ac I can see you now>>.ha ha ha
    Let the Man do his job….and stop the attempted covert influence


  40. “his job?”
    Sure you want to go there????

  41. old onion bags Avatar

    @Bushie
    Try and go long back to school tomorrow and teach the peopleโ€™s children. Bushie leaving you to Uncle Jeff โ€ฆ.
    *****************************************
    I wish I were…maybe I might be laughing now !


  42. Enuff already.

    There is no degree of politicking, where the difference comes is in type. BLP-DLP partisan politics is what it is (bare shite of course), but the politics involved in garnering public support for a public institution that is NOT a party (with NO legal status) or private members club, is a far more acceptable brand, IMHO


  43. @checkit

    When the first meeting was called the teachers were on strike. We have a different scenario here, no?

    The PM saw his role during the strike as getting the teachers back to work. We might disagree to his method but that was the approach.

    Let us see how the latest meeting plays out.


  44. I think what David is trying to say is that Stasis Stuart is NOT a Jack Ass, he is the supreme leader in a Pime Ministerial Dictatorship, a Maximum Leader … uhum …!

  45. old onion bags Avatar

    @ Observing
    his job?โ€
    Sure you want to go there????
    *********************************
    Is that another threat ?Onions is a retired man..lol


  46. David; I think I’ll await the news and then respond fully to your above. But in the interim, there are striking parallels between the two scenarios, indeed, the methodology has not changed one bit. What has changed is the apparent care for the welfare of the children before all else.


  47. @onion bags
    lol. I don’t take anything outside. lol. I’ll sit and have a drink with ya first ya lucky retiree!

    Just wondering if you truly meant that what he’s doing is “his job” ๐Ÿ™‚

    @David
    The PM’s role (and subsequent objective) was constructed, implemented and followed through all by himself. Now that the first objective is complete, the second objective is to bring “lasting resolution” to the issue. We’ll see if this “meeting” achieves that.


  48. Yes, let us wait.


  49. I willing to bet one million, two harn an’ twenty t’ousand, one harn and two dollars that de teachers gu strike again …

  50. old onion bags Avatar

    What’s with all the ADO ..like a mongoose enter D hen house?
    Reading the man true to form…..delay in progress…a play of both sides..listen to David…wait nahhhh !lol

    @ Observing..a Black or a Grey Goose ?

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