CCJ Justices

During the recent sitting of the Caribbean Court of Justice (CCJ) in Barbados, BU has received information from a credible source that the CCJ justices met with Barbados’ judges and expressed to them their displeasure and dismay at the state of the Barbados courts. While the CCJ placed all the blame at the feet of the Barbados Judiciary, BU feels that the Registry must share this blame equally.

The source of the massive build-up of 3,500 cases that have remained unheard for years, or part-heard for years or on which judgements have been undelivered (reserved) for years stems from the time of the appointment of Sir David Simmons as chief justice, it can be revealed.

Prior to the appointment of Sir David Simmons, cases were motored through the courts by the lawyers themselves, who had to answer to their clients for delays or a failure to adequately prosecute matters.

However, Sir David changed the Civil Procedure Rules so that cases were assigned to judges, in actual fact and practice for the terms of the natural lives of each judge so assigned. This has created a situation where the Registry is able to blame the judges and the judges in their turn have a scapegoat in the Registry.

And both judges and Registry are playing this situation to the max to the detriment of litigants and taxpayers. Indeed, to the detriment of our off-shore investment industry which, as was recently noted by Opposition Leader Owen Arthur, has fallen off to crisis point. Although Mr Arthur stops short of laying the blame squarely where it belongs – on the shoulders of himself and his appointee as chief justice.

Several recent examples have come to light where judges clerks have telephoned counsel to advise that decisions will be given on a specific date at a specific time, counsel turns up in court only to be told that the judge is, variously, on holiday, out of the island, sick, not ready, etc.

Effectively, this means that counsel that have already juggled their schedules (usually on less than 24 hours notice from the judge’s chambers) have their time wasted and then have to bill their clients for their time which in good faith they had every reason to believe would be well spent, but in fact proves to be a complete waste of time and money attributable SOLELY to the judge in question.

In one standout case which has for the moment to remain nameless, delivery of a reserved judgement was scheduled with counsel turning up in court to receive the judgment (a judgement that had been by then reserved for over TWO YEARS) on a case that had been started almost 10 years ago. BUT, the call to receive judgement occurred not once, but several time……and this is the NORM! So if you have two counsel on each side, each of which is charging $500 per hour, litigants are being charged $4,000 for each occasion times the number of occasions.

Meanwhile, BU has ascertained from several counsel (some of them silks) that when they write to the Registrar, no response is even forthcoming – not even by e-mail. And the same thing from the judges.

But the favourite excuse of the judges for not providing judgements is that the Registry has not yet typed them up. This is the lamest of the lot. In other jurisdictions, judges read their judgements and orders that they have written by hand and copies of these handwritten judgements are then provided to counsel, pending the fully typed up version. These judgements bear witness to the crossed-out and initialled and re-drafted work of the judges – AND THEY ARE ENFORCEABLE so as to expedite the delivery of justice. But why should the Barbados court system try to expedite justice?

And all this rot set in solely during the tenure of Sir David Simmons who now, along with his political lobby, seems intent on trying to persuade a far from credulous Barbados public and NOT as the result of the total mess made by Sir David, but due to the failure of Chief Justice Gibson.

Unfortunately for Sir David, the very transparency of Chief Justice Gibson and Gibson CJ’s willingness to highlight the inherited problems he is facing and to discuss freely the solutions he would want to see put in place, have made Sir David’s tactics subject to universal condemnation. Likely out of most proper professional ethics, however, Gibson CJ does not mention the most effective solution which we all know is to fire 75% of the judges and the Registry, starting with the Registrar, all (or most) appointed by or on the advice of Sir David Simmons.

It is a sad circumstance that, Bajans having been raised from the cradle to respect judges and their support organisation, the Registry, now have no respect for them whatsoever, above all Barbados’ former chief justice.

Let those judges reflect that as they drive around Barbados with their official cars and police drivers and go into court with everyone bowing, the thought on every Bajan mind is that they are a bunch of freeloading parasites whose monumental egos and incompetence have ruined our justice system and our off-shore industry and who, rather than making any effort to support the efforts of the Chief Justice, are actively campaigning with the loser whom he replaced and exposing Barbados to international disdain, the ruin or our off-shore sector and the open and aggressive censure of the justices of the Caribbean Court of Justice. Almost every civil case that has come before the CCJ from Barbados has drawn uncomplimentary remarks on Barbados’ judicial system from the justices of the CCJ. One is hard-put to find any appeals from Barbados in the judgements of which the CCJ has not commented negatively on the length of time involved in the Barbados courts.

This is shameful and unacceptable and it clearly high time government provided the back-up to the CJ to take extraordinary measures to dismiss the persons responsible, rather than have these parasitic incompetents spending their working lives doing nothing but drag Barbados down both reputationally and financially and then expensing the taxpayers for the remainder of their lives to pay pensions to them.


  1. @ Check-it and Sid Boyce

    Seems we’re actually reading each other as well as the rest and saying so. Now that IS progress.


  2. @BFP

    It must be rubbing off!

    @checkit

    CJ Gibson indicated recently he inherited 3000+ cases. This is the court of public opinion and not a court of law where lawyers can use legalese to advantage ok?

    BU also refers all to the Martin Daly address to the Bar Association where he was scathing in his comments about the delivery of justice in the Caribbean including Barbados.

    All BU is saying is that under DS’s tenure there was a heavy backlog and timely decisions were NOT handed down. The tieffin by lawyers reached its zenith, overseas Barbados can corroborate. BU is not interested in determining there were 4000 when DS took over and he handed over 3500. It is a discussion in ‘mootness’. He was the CJ and many of the problems we battle now grew heavier under his tenure. Deal with it.


  3. @BFP

    It must be rubbing off!

    @checkit

    CJ Gibson indicated recently he inherited 3000+ cases. This is the court of public opinion and not a court of law where lawyers can use legalese to advantage ok?

    BU also refers all to the Martin Daly address to the Bar Association where he was scathing in his comments about the delivery of justice in the Caribbean including Barbados.

    All BU is saying is that under DS’s tenure there was a heavy backlog and timely decisions were NOT handed down. The tieffin by lawyers reached its zenith, overseas Barbados can corroborate. BU is not interested in determining there were 4000 when DS took over and he handed over 3500. It is a discussion in ‘mootness’. He was the CJ and many of the problems we battle now grew heavier under his tenure. Deal with it.


  4. @BFP

    It must be rubbing off!

    @checkit

    CJ Gibson indicated recently he inherited 3000+ cases. This is the court of public opinion and not a court of law where lawyers can use legalese to advantage ok?

    BU also refers all to the Martin Daly address to the Bar Association where he was scathing in his comments about the delivery of justice in the Caribbean including Barbados.

    All BU is saying is that under DS’s tenure there was a heavy backlog and timely decisions were NOT handed down. The tieffin by lawyers reached its zenith, overseas Barbados can corroborate. BU is not interested in determining there were 4000 when DS took over and he handed over 3500. It is a discussion in ‘mootness’. He was the CJ and many of the problems we battle now grew heavier under his tenure. Deal with it.


  5. And David; Before the attacks start. let me say that I was totally against the way the former CJ was appointed but that it appears that the way he handled the job when appointed appeared to have been exemplary. I similarly, was even more opposed to Government changing the law to allow for the appointment of the current CJ. That appeared to be even more egregious than Owen Arthur’s appointment of David Simmons in 2002. But, with the new CJ, I am willing to also give him any benefit of the doubt and see how he handles any aspect of the CLICO matter as well as the Alexandra matter if and when they come before him.

    Re. the former CJ’s grouse that his contract wasn’t renewed when he reached retirement age, My initial view was that this seemed to be totally unreasonable and I could not understand why a man who would have been eligible for a good pension needed to make a big thing of being retired at his retirement age. But I think I can now see a glimmering of a good reason for him being peeved about not being able to complete the job of reform of the system that he had started. Perhaps he thought that all precedence was there for him to have continued and complete the job and that DT ensured that he could not do so.


  6. @David

    Is this the same DS who wanted an extension to his tenure as CJ?


  7. @checkit-out

    What are KPI’s you are using to measure Simmons success?

    Until Gibson made bold to make public the number of cases in backlog was anyone aware?

    Let robert et al bring the numbers to refute the fact that the weight of inefficiency and lethargy got heavier under Simmons.

    robert would have BU enter the registry and count the case files?

    If robert you are known to Simmons save us the time and provide the number.


  8. @Check

    I have difficulty in understanding your analogy re: the appointment of a political operative to the position of cj and the changing of the law to allow a competent Barbadian to become cj who has no proven record of being political.

    The Judiciary deteroriated under DS. Can u tell me what systems he had put in place to deal with the myriad of problems with the judicairy. magistrates not turning up for cases, not handing down decisions, arriving very late for cases etc.

    Is there anything that specified in law that decisions must be handed down withiin a specified period?


  9. Section 18(8) of the Barbados Constitution says: “Any court or other tribunal prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such court or other tribunal, the case shall be given a fair hearing within a reasonable time.” How pedantic!!!!

    Also of interest is the CCJ Judgement in: CCJ Appeal No CV 7 of 2010 between DELYS O’LEEN COLBY DEC’D BY D.V.B. COLBY, EXECUTOR APPELLANT and FELIX ENTERPRISES LTD and FELIX BROOME INCORPORATED RESPONDENTS [2011] CCJ 10 (AJ). I quote:

    “[3] Unfortunately, it would be remiss of us if we did not AGAIN comment adversely upon the excessive delays in the delivery of reserved judgments. The trial judge took over two years four months – and even then it took over eight months for his order to be finalised – while the Court of Appeal took two years, all in the context of litigants having a constitutional right under Article 18(8) of the Constitution that their “case shall be given a fair hearing within a reasonable time.” The outcome of the hearing is clearly a key part of the hearing process. In Reid v Reid Saunders J in delivering this Court‟s judgment stated, “as a general rule no judgment should be outstanding for more than six months and unless a case is one of unusual difficulty or complexity, judgment should normally be delivered within three months at most.”

    [4] While appreciating that circumstances as to finances, facilities, manpower and other resources will vary from country to country and a reasonable time varies according to circumstances, it is worthwhile noting the recent approach of the English Court of Appeal in Bond v Dunster Properties Ltd2 where the trial judge did not deliver his judgment for twenty two months. Arden LJ stated3,

    “This extraordinary delay clearly called for an apology and, if any existed, an explanation of the mitigating circumstances… THE MATTER GOES FURTHER THAN JUST THE EFFECT ON THE PARTIES. An unreasonable delay of this kind REFLECTS ADVERSELY ON THE REPUTATION AND CREDIBILITY OF THE CIVIL JUSTICE SYSTEM AS A WHOLE, and reinforces the negative images which the public can have of the way judges and lawyers perform their roles. If there were regular delays of this order, the rule of law would be undermined.”” [my emphases]. Also pedantic to some.

    Magna Carta (1215) is mirrored in the Treaty of Oistins of 1635, by which Barbados was the first British colony to gain self-determination. It is again mirrored, as above, in the Barbados Constitution. It is also, along with the Treaty of Oistins, mirrored in the American Declaration of Independence. Some may call it pedantic, but other look on it as a basic human right under the law. And most would argue that it has been denied in Barbados for too long.


  10. @ David

    How DARE you? Yes I know him and have said so.. Yes I respect him. And yes I think you are perjuring yourself about him. He’s in the book. Unlike some I am NO-ONE’s boy and never have been – except BAF’s..

    On the numbers business…..the onus is on you. Truth is you haven’t got them and you know very well what they are likely to show anyway. In other words, you are composing. ‘To refute the fact’ indeed…you are simply pulling yourself up from the bootstraps…..and so proving NOTHING.


  11. @robert

    In the mean time the Courts of Barbados motors to a snail pace.


  12. I accept everything that Amused has just said for it’s mostly fact – and have never denied that the judges should not be scrutinised. Though it’s worth noting that, as he relates, delays occur in other jurisdictions (rightly or werongly) too. My argument, however, goes beyond that as some will appreciate.


  13. David you said above:

    He was the CJ and many of the problems we battle now grew heavier under his tenure. Deal with it.

    Let me deal with it.

    For that statement to be taken seriously you have to show that it is true. Thus you have to show that the problems indeed escalated under his tenure. You may be correct, but I can’t just take your word for it. Give me some proof that they escalated.

    For example. For argument’s sake, suppose DS took over a backlog of 3500 cases and left a backlog of 3500 cases would this show that he was merely treading water during his tenure re. reducing the backlog? Wouldn’t another necessary statistic to consider be the actual number of cases that came in and were settled during his predecessor’s tenure as well as his own? Is it possible that litigation might be increasing and looking at the backlog only might not be adequate to confer blame or credit? Did DS do anything that in the considered view of the lawyers and those who know something about the system, should have led to a reduction of the backlog? If it didn’t why? Have you teased out all the factors involved in delays and ranked them before penning your essay above? What is the current CJ now doing to solve this problem that is substantially different to what DS did?

    My problem is with the generality of the information used to tar and feather the former CJ.


  14. By the way….where is Observer?


  15. Blogger2012; Sorry if you can’t understand what I was trying to get across. Actually it is not an analogy. It is a comparison between 2 egregious acts. You are quite at liberty to view those acts differently to how I viewed them.
    Re. systems that DS might or might not have put in place to correct the numerous deficiencies in the justice system that preceeded and follows his tenure so far, I have absolutely no idea. I am not in the least involved in that system. I am just calling for fairplay on this blog by people who condemn others making a good case for so doing.


  16. @checkit-out

    All will be revealed in the fullness of time no doubt.

    sometimes BU has to thread carefully to protect sources.

    Have no doubt that underlying the decision by DS to implement ADR was to refund to the fact that the case load had grown so large the Courts were about to collapse under its weight.

    Any officer of the court knows this…


  17. @ David

    In a blog up above somewhere you said something to the effect……”All BU is saying is that under DS’ tenure there was a backlog and timely decisions were not (ALWAYS) handed down…’
    (My insertion)

    That would be fair. But you’ve said more than that, or more’s been put into your mouth, and that’s where I part company with you. So, given what we do agree on: Do we now move forward and see how delays might be retrenched? Do we start with the BA’s proposals and the Gibson response? And what other aspects would we want to add for scrutiny?


  18. @robert

    You are free to disagree, we know what we know and with time all will be revealed.

    BU will give the CJ time in the same way we gave this government time.


  19. Just one bit of information would help tremendously. A graph showing number of cases tried per year compared with the backlog per year going back to, say, 1980 and coming forward to 2010 or 2011. Would any such statistics be available in the court system? In this day of publication statistics on almost everything, isn’t this kind of statistic worthwhile to have?

    Information on numbers of lawyers working the system, number of judges, etc. etc. would also be useful.


  20. @ David…….oh dear. Is that the best we can do?


  21. @checkit-out

    Bear with us and continue to apply logical thought even when there the scenario is not black or white. Former CJ Simmons was appointed in 2002 and his appointment ended, controversially we have to admit like it started in 2010. Here is what he stated on 2009 about a year before he demitted office:

    MANY of this island’s courts are heavily overburdened with cases. Speaking on this matter, Chief Justice Sir David Simmons disclosed, “The sheer volume of litigation overtime has approached crisis proportions in many courts and we have to find alternative ways to resolve those issues, which begin as a case”.

    http://www.barbadosadvocate.com/newsitem.asp?more=local&NewsID=6380


  22. @ RR
    If you get to appoint the Judges, appoint the registrar, set the ground rules for operation, brag about the successes (correct decisions)… Then who the hell do you want to blame for the backlog? For the lack of action? For the lack of accountability….?

    Bushie…?


  23. Bushtea, your ignorance is clearly showing from your very first sentence.

    David, do you really believe that when judges get together socially, they would discuss matters such as the fail8ings of the Barbadian courts which they have already referred to in written decisions? If you believe this, I have a boardwalk to sell you…cheap! This is just another excuse tio hit at Simmons….the favourite judicial whipping boy of the time serving and ignorant blogger.


  24. @RR. You say, inter alia, “and have never denied that the judges should not be scrutinised.” Now, either you mean that judges should NOT be scrutinised, or that lack of education of which you so proudly boasted in the past has never gone quite far enough for you to realise that a double negative produces a positive. And that is not a question of pedantry, but of intent and accuracy in stating that intent. Please clear this up for us. Do you mean that judges should be scrutinised? Or do you mean they should NOT be scrutinised? Which?

    It occurs to me that David Simmons became attorney general in the latter part of 1994. As attorney general, it was his job to appoint judges and the Registrar. Almost his first appointment was to promote his wife, Marie MacCormac, from the post of Registrar in which she had distinguished herself by being comprehensively the worst registrar that Barbados had ever had, and her husband, the attorney general, made her a justice of appeal. Her reward.

    During DS’s tenure as attorney general, he promoted many people to the Bench who later distinguished themselves by taking years to deliver judgements and setting a record for appeals.

    Direct from appointing, as AG, his friends and cronies (and wife) to the Bench, he then persuaded his friend, Owen Arthur, to appoint him Chief Justice, so he could hold sway over the incompetents he, as AG, had appointed. Of course, as AG he also appointed a new registrar to replace his wife as required, taking, apparently, great pains to ensure that they would perpetuate the record and competence of his wife.

    Meanwhile, in turn each of these registrars were elevated to the Bench, having perpetuated and increased the chaos each of them found in the Registry upon their arrival as registrar.

    I look forward to seeing the figures from the courts that David has undertaken to make best efforts to obtain. I doubt that any such records were made. If such records were actually tabulated, I do express my mild surprise that I never heard about them, but I wouldn’t be prepared to state that they were not recorded. I am just surprised that I never heard about them.

    But the bottom line is that Simmons has had his hands in the Justice System pie since 1994 in positions (AG and CJ) that gave him primary responsibility for the Justice System.

    Gibson CJ, on the other hand, although a licensed legal practitioner in Barbados, held no government or judicial position in Barbados. His experience has been in a court of law that employs as a standard cutting edge technology and means for the timely delivery of justice in accordance with Magna Carta and the various legislation flowing from Magna Carta. Yet, despite that mess that had been significantly contributed to by the same man (Simmons) for a period extending from 1994, through nepotistic and incompetent appointments, the leader of the opposition whom commenced his tenure in 1994 as PM, tried to suggest that a Barbados licensed practitioner of over 20 years standing could be challenged in his appointment as CJ where, it is hoped, he will use his experience to deliver justice in accordance with Magna Carta and the Barbados Constitution.

    The government (DLP) decided not to allow the authors of the judicial mess to be able to file a meritless challenge to the new CJ and so it changed a word in the Supreme Court of Judicature Act from “Commonwealth” to “common law”. The opposition squawked like a bunch of chickens about to have their heads cut off, the moment they saw their litigation that would have delayed the appointment of a meaningful CJ through the Simmons created “Courts of Delay and Injustice”. Squawk, squawk, squawk. They knew that they would lose the case, but what the hell…….by that time the backlog they themselves had been instrumental in creating would have kept the courts in a state of suspended animation and ensured that another 20 years worth of backlog had built up to add to that which already existed. To hell with the timely delivery of justice for the people, to hell with cleaning up the mess, to hell with ensuring that the lost off-shore monies returned to Barbados. This was all about POLITICS!!!! No legal merit, just politics.

    But they lost their meritless advantage and now it is down to the Bench (most if not all Simmons appointees) to do whatever they can to obstruct the resurrection of the Justice System. So, maybe the author of their blog is correct – give the CJ the means to fire 75% of both judiciary and registry and the Registrar. Given the losses we are suffering both in terms of prestige, justice and our off-shore sector, I am beginning to agree with that idea more and more.

    There was a suggestion that it might appear that Simmons and CJ Gibson do not get along. But it is not this blog and this discussion that gives this impression, it is Simmons himself thorugh his refusal to attend social gatherings at which Gibson upon his appointment was guest of honour. I suspect that Gibson did not even notice Simmons’ absence. But everyone else did.


  25. Bushtea; Your post at 12.15 is the first one which logically sets out an emotive framework under which DS could reasonably be blamed for the current situation, followed by Amused’s post above which fleshed out some of your points. However, I still dont think, fwiw, that a case has been made out that can place the total blame for the serious problems in our Judicial system squarely on DS alone.


  26. @Checkit-Out | April 30, 2012 at 1:42 PM | Not solely, but about 90%. As AG, he had the position to provide the then CJ with the backup to rectify any excessive backlog. As he was a silk and practicing up until the time he was made AG, if there was a tremendous backlog, he would have known about it in the course of his practice. But, under his auspices as AG and CJ, matters reached crisis – and nothing was done. All very well to build a new state-of-the-art court house, but it is like putting expensive new clothes on a corpse.


  27. @ Amused

    You sound like a very bitter man. Didn’t they make you a QC?

    You also seem to have a problem with language…..a double negative makes a what?


  28. Of course he is not responsible for all the problems of the judiciary but as the more than titular head the buck stopped at the office of CJ. However in the same way the former CJ is planning to document his response to not having his appointment as CJ extended he should have done the same as CJ by clearly articulating what the issues were which caused the Court System to almost collapse under his watch. A key KPI for the efficiency of the judiciary must be timely delivery of justice.

    In the newspaper link posted above as recent as 2009, one year before his retirement, DS lamented the Court System was in danger of collapse and ADR was his part response to alleviate the problem. BTW was ADR implemented before DS demitted office? That was rhetorical.

    The time has come to hold that office accountable as CJ Gibson will find out.


  29. @ Bush

    Now: you never answer the questions I put to you – yet ask them of me. Please work out what the issue is here. It’s not who can do what. It’s who did what and when and how many. OK?


  30. @Robert

    i certainly dont want to know who made who a qc, i want us to deal woth the chaos and who fail to act when tasked with the responsibility. If the current cj does not find a solution he too should be held responsible. Too much long talk, concentrat on the problems and a sollution to the problems.


  31. But you’ll all notice something. The great Amused now acknowledges that there was a serious backlog before DS became CJ (a ‘crisis’ he says) – though, of course, he still contrives to blame DS for that too. Yet he and David have been consistently arguing that it all happened while he was CJ and that he was responsible for it. Now of Amused this is entirely typical – but YOU David? ‘He is not responsible for all the problems of the judiciary…’ – who are you talking about here?


  32. @David

    I do not agree that his tenure ended controversially, the fact that a decision was taken not to extend his tenure can not be construed as controversial as he had no right to an extension because others would have had an extension.

    In fact i want to see when people reached retirement age that they pave the way for younger people to get an opportunity to move up, and we should be have succession planning as a strategy for the judiciary and other government departments and minstries as well as the private sector.


  33. @amused

    always enjoy your writings. Excellent blog


  34. @blogger agree with you.

    Perhaps it is timely to read the link provided:

    https://bajan.files.wordpress.com/2012/04/howardzinn.jpg


  35. @check

    i am not very smart, but your analaogy/comparison was flawed. You should know the difference between a politician who was elevated to a higher office because of political consideration, and some one appointed for his experience to serve his country, we do not know of his politcal leaning.


  36. @amused

    thank u for answering the quetion that check it out avoided, perhaps he has not got the skills or the knowledge you have, continue to educate us. I learn a lot from your blogginh and i know you and all of us can be sarcastisif and whe we want to be. Continue the high level of discussions dont be side tracked.


  37. @ Blogger

    On ‘find a solution to the problem’
    Exactly…see my 11.04 blog.


  38. @RR. “The great Amused now acknowledges that there was a serious backlog before DS became CJ”

    Really? Where?

    @Blogger2012 | April 30, 2012 at 2:50 PM | I enjoy reading you too. Clear and concise, pertinent and calm. Like An Observer. Any relation? Joke!


  39. “BU wrote with passion about the immigration matter. We write with passion about food security. We write with passion about morality in politics. We write with passion about a deficiant Fourth Estate but we get those with agendas (political and other wise) who come here and spout nonsense. Sorry but it will not get by on BU!”
    expects BU to continue to write with passion about the CLICo ponzi scheme and the late Prime MInister’s association with Mr Parris who to all intents and purposes has swindled thousands of poor barbadians including myself out of policies and investments earmarked for retirement. Please continue to write fearlessly my dear friend on this and other matters affecting the well being of an unsuspecting public.


  40. @ Amused

    WHAT?
    The delay in the system did not start in October 2009 but prior to 2002.
    Just how DISHONEST are you.

    And since when is delay in the system a matter for the AG.


  41. @balance

    That time soon shall come.


  42. @La Bouche

    and who in the executive is responsible for championing the cause of the Judiciary by wrestling for limited resources?


  43. @David BU
    its about time…some one kick ass and take names. 3000+ cases and schmucks want to write pretty speeches. You say bullshite, I say bullshit.
    Look what happens when a people has grown up stupid under the union jack.


  44. @La Bouche

    You dont havnt got a clue about the role of the ag, if the judicairy does not function, both the ag and the cj are respnsible. Go do some reasoning and come back.


  45. @David | April 30, 2012 at 3:56 PM | “and who in the executive is responsible for championing the cause of the Judiciary by wrestling for limited resources?”

    I would add the question as to who is responsible for appointing judges, the Registrar and the registry staff? And who has the right to dismiss them if they are guilty of gross misconduct in colluding to defy the principal of timely justice as guaranteed us in the Constitution?


  46. Blogger2012; I suspect the mote is deeper fixed in your eyes than mine. At least I can see something egregious in both situations. You can only see the wrong in one and you can’t see, in the other, why it is not quite the done thing to change a law, whether it be through changing 1 word or 100, to allow an individual to get a job which he was not qualified to get under the pre-existing law (despite any of the spin that amused may put on it re. preemption of later challenges by lawyers). As far as I recall, I was not the only one who commented that It just didn’t seem right for the government to change the law to allow the current CJ to qualify. Can’t you see that accepting that job forever taints him as the Judge who had to get the DLP to change the law for him to take up the post. It forever constrains the perception of his ability to rule, one way or the other, in any case that involves the DLP Government. Think on that thing.

    Re. Amused’s posts; I also enjoy reading them. He has an admirable way with words but he also seems to have a red flag going off whenever DS is mentioned. I wonder why?

  47. old onion bags Avatar

    So after today’s legals in talk…who is responsible is irrelevant…what we the ordinarys wants to know who going to fix it, if at all and when ? ….talk about ADR’s and JP Courts..are we going to see any of them Amused…or is it back to the same ole ..same ole.


  48. @check it out

    u r getting on like a spoilt brat. The man was and is academically qulified for the post.
    Dont be fooled, if i see a flaw in the development of amuse’s logii i will let him know. i dont look for big words, i look for simple logic and conclusions drawn,


  49. Blogger2012; I forgot to respond again to your query about what did DS do to reduce the backlog. Let me state again; I don’t have a clue. I am not a lawyer nor involved in any way with the legal profession. I did not do any courses in Law at UWI as you did. I don’t know. The lawyers on this blog should be able to provide some answers if they are objective.

    Now if you interpret that answer as avoiding the question again. So be it.


  50. @onions

    an angle must have appeared to u in a dream. u r the expert in the balame game r u not, glad u r seeing the ligh that this issue affects all of us.

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