Tales From The Courts – Part I

Madam Justice Sandra Mason appointed acting Governor General

With foreign investments in Barbados disappearing at an alarming rate due to a justice system slow to dispense justice, BU – at the insistence of many – is commencing a series of revelations and name and shame blogs to shine a light on those in our Justice System who are responsible. Of course BU will apportion praise and approbation where it is appropriate.

THE CAIPO STORY: A well-known attorney recently filed a notice for the appointment of a director in a company in Barbados with the Corporate Affairs and Intellectual Properties Office (CAIPO). It is required that the name and the PROFESSION of the director be listed on the form and this the attorney did. The profession of the director was listed as “Therapist”. The application was rejected by CAIPO, because, in their view, the profession of the director was not only illegal, but criminal. When this was protested that a Therapist was a legal and non-criminal profession, CAIPO, it turns out, had misinterpreted this and read it as The Rapist. Incredible but true! It is the current joke going the rounds of the legal profession. But how funny is it when the Bajan taxpayer is paying the salary of that employee (used advisedly) at CAIPO who actually could consider that an attorney would list such a profession as “The Rapist” on a public domain document. Appreciation to anyone who could provide us with the name of this person at CAIPO.

Madam Justice Pamela Beckles

SOLICITOR GENERAL: Are Bajans aware that the office of the Solicitor General, replete with attorneys, has had to advertise externally to fill 12 senior positions? Why not promote attorneys from within the Solicitor General’s office, we may ask? Simple! Because NONE of the junior attorneys are sufficiently competent to fill these 12 senior positions. It appears the ones from within the Solicitor General’s office who have applied – and been turned down – have been there for YEARS perpetuating their incompetence – and no one has fired them! Instead, the Bajan taxpayer continues to pay them for jobs for doing, effectively, a lot of damage and, as a reward, when they face retirement age, will doubtless have the pleasure of paying their pensions.

ASSISTANT SOLICITOR GENERAL: She is a most unpleasant woman with no people skills nor any courtesy named Mrs Duncan. Mrs Duncan has experienced emotionally related medical problems that have seen her on medical leave – at a salary from the taxpayer of $120,000 per annum – for the last 18 months to 2 years. The Solicitor General’s office, in an effort to resolve the situation and improve the lack of efficiency (and lack of courtesy) of that office, has offered Mrs Duncan early retirement on full pension. Mrs Duncan had turned them down and has, she says, returned to work, except she is usually absent from work. And while at work, encourages a degree of inefficiency and discourtesy that has come to seriously embarrass the Solicitor General – which means it must indeed be dire. And all at the taxpayer’s expense and at the expense of the Solicitor General managing to achieve efficiency in his office on behalf of we who pay the bills for it.

REGISTRAR: Believe it, the Registrar has taken a tools down and obstruction policy to her work and that of the Registry. This arises from the fact that during the absence on leave of one of the judges, Chief Justice Gibson refused to make her a deputy judge and said that she would never be considered for the Bench, unless and until she could prove her competence by running the Registry properly. Instead of rising to the most proper challenge of the Chief Justice, the Registrar has instead decided to opt for obstruction, inefficiency and sulking in order to “teach the CJ a lesson”. BU say, fire her – forthwith. That is what would happen in any law firm and the Justice System is the biggest law firm of them all.

MADAM JUSTICE PAMELA BECKLES (ag): Instead of appointing the Registrar as a deputy judge, Chief Justice Gibson appointed the well qualified Magistrate Pamela Beckles, who has proved time and again her efficiency and grasp of law and timely delivery of justice. Needless to say, this appointment has ‘’stuck in the craw’’ of the Registrar. Because, forget the parlous state of the justice system and her own and the Registry’s rampant inefficiency, the Registrar thinks that the taxpayers must understand that she, as Registrar, has a divine right to impart her hopelessness to the judiciary. Meanwhile, we the taxpayers, who may differ in our views to those of the Registrar, need to congratulate the CJ on an excellent appointment to the Bench, even if only acting. We can suggest any one of a number of judges that the CJ may like to dismiss so that he can make this appointment permanent. The CJ need only ask and we will provide our list.

MEMBERS OF THE BAR: Members of the Bar are complaining bitterly and feeling a serious financial pinch, simply because they cannot get their cases heard and decided by the Courts and are unwilling to try to extract costs from their clients who themselves are experiencing dire financial situations, primarily as a result of protracted legal proceedings, caused by the fact that the Registry cannot find the files (it says) schedule the cases for hearing which have to be then adjourned and rescheduled (several times) because the Registry cannot find the files. So, most lawyers in law offices, upon which the families of secretarial and support staff rely for an income, are having to subsidise the well-being of their staff out of their own savings, due to the Registrar and the Registry.

SHANIQUE MYRIE: BU readers will remember that a few weeks ago the CCJ sat in Barbados to hear an application from the lawyers of Shanique Myrie that the CCJ hear her case against Barbados under the terms and conditions of the Revised Treaty of Chaguaramas. This was a no brainer. Myrie’s right to have the CCJ hear her case cannot be questioned. It would have required a simple agreement from the Solicitor General’s office to such a procedure and then the Bajan taxpayer would not have had to pay out almost $500,000 to the counsel of Mr Myrie to bring them and their client from Jamaica to go through the CCJ hearing in Barbados where Barbados’ counsel, Mr Roger Forde QC, admitted to the CCJ Ms Myrie’s right for the substantive matter to be heard by the CCJ. So, the Solicitor General’s office expensed the Bajan taxpayers for almost $.5 million. Half a million dollars.

THE REGISTRAR: Well, finally the Registrar was sued. Proceedings were filed in February and the case came on for hearing in May. In such cases, proceedings have to be filed on the Attorney General as well, which was done. But guess what? The Attorney General’s office has never filed acknowledgement of service (even though, of course, the filing lawyer has receipt for the documents signed by the Attorney General’s office), has never filed a defense and, when the matter came on for hearing in May before Madam Justice Beckles, did not even enter an appearance. In any case, it is reported that Madam Justice Beckles is on the record as stating that the case against the Registrar was undeniable and unanswerable and a date has now been set for summary judgement. It is our understanding that costs against the Registrar are likely to be in the region of $12,000 and it is mooted that if these costs are not paid forthwith, counsel intends to have the Registrar’s car seized at once in satisfaction of the costs order against her. BU will track this case and bring its readers updates as and when these become available.

THE CHIEF JUSTICE: Fed-up with the obstruction and bloody-mindedness and lack of cooperation he has been receiving from a sulking Registrar and Registry and the Bench, in August the CJ has arranged for the CCJ office to descend on Barbados and instruct the Registry and Judiciary on their duties and obligations to the Justice System and we who pay their wages and pensions. This includes instruction on how to scan documents, deal with on-line filing and receive payment for this on-line filing. So, under that person who is now blissfully retired, at enormous expense, a state of the art courthouse was built with every cutting-edge computer facility, but no one was apparently trained on how to use this equipment. It is also understood that the CCJ is going to also teach everyone about the Civil Procedure Rules, which apparently few (if any) have taken the time to read.

THE REVENGE OF THE PM AND THE CJ: As we all know, Acting Governor General Belgrave is to be confirmed as Governor General of Barbados. Prior to his confirmation and swearing in, he must leave office for four days and an acting Governor General appointed to replace him for those four days. It is a signal honour for the person so appointed and a sign of high judicial and legislative favour. It is instructive that the person who has been appointed is the one judge who has always held herself to the highest standards and has supported, instead of obstructed, Chief Justice Gibson in the enormous task that he inherited. BU is delighted to announce and support the decision of the PM and CJ that Madam Justice Sandra Mason is to be appointed acting Governor General for the four days prior to the swearing in of Governor General Elect Belgrave. A worthy and well-deserved choice.

BU encourages the family and legal practitioners to e-mail in their “Tales From The Courts”. Please send them by private e-mail so that BU can perform due diligence to verify their authenticity. The terminal state of the Justice System and the obstruction that Chief Justice Gibson is being subjected to in its resurrection deserves extreme measures. BU stands willing to do what the traditional media has proved itself unequal to and report on exactly what nonsense is happening. BU obviously has its sources within the system who, in desperation, are finally willing to come clean in the PUBLIC INTEREST.

This was a crusade begun some years ago by BU and it is one we will not relinquish or reduce unless and until our Chief Justice is accorded all the assistance and cooperation he requires to bring Barbados back to judicial credibility for the sake of our foreign investments and the financial well-being of our country.

126 thoughts on “Tales From The Courts – Part I

  1. Congratulations BU and the person who sent in these legal tid-bits (I suspect it is Amused).I love the fact that Amused and whoever is enlightening us on the goings-on of the judicuiary is seeking to de-mystify that place.

    Stay strong Marston.

  2. She deserves it. She was unfaired by osa when he appointed nincunpoops as judges some who aint worth a pinch of salt.

  3. This is the funniest post I have never seen

    Some people who work in offices are stupid. There is cadre of persons out there that know nothing about anything except of course a black berry. Some young girls that are so daft. Many of them work in Government offices that deal with sensitive information but they seem not to be aware. Their conversations reflect this problem because they talk about anything and anyone anywhere without caring who hears. Barbados in trouble yeah ! You see how cricket decline ?
    Who would have thought nuh ?
    Well Barbadian society is in decline
    I need to get to work as a Future Prime Minister and try to stem the tide.
    Under my system of Government the Public Service will be drastically restructured and this should set the tone for other areas.

  4. Quoting Blogger 2012 “She was unfaired by osa”

    And I suppose this alledged “unfairness” had nothing to do with the perception (real?) that the good lady is a “D” supporter who never sang in osa’s choir?

    Anyway, congrats.

  5. @ David

    I suspect that the story about “Therapist” is an old chesnut submitted to keep us in stitches, I have heard it before. No one is a “therapist” the word is always accompanied by a qualifier e.g, Sex; Occupational; Massage etc.

    I have had a minor interaction with the Registrar when she was the Deputy and I found her to be very inflexible. It looks like power has gone to her head and she believes that the Registry is her fiefdom.

    The CJ is right to cut her down to size these people are too big for their britches.

  6. @ David
    It would seem that the present PM and the CJ are trying to deal with the PAST PM and CJ .The appointment of Madam Justice Sandra Mason is being seen by many who know the facts as a backlash for the former two . It was widely known that Miss Mason was anything but a favourite of David Simmons and she suffered as a result . Miss Mason seems to be getting the last laugh ; as for the Simmonses … they can’t be too happy . But of course there is a lesson to be learnt from all of this : It is folly to think that you can stand in the way of others indefinately .

  7. As for the Solicitor General , it would be very difficult to find a more incompetent public servant in all Barbados . She is another prime example of a bad appointment by the past administration .

  8. @Mash up. I am not the source of the stories. I could easily have been, since they are generally known.

    BTW, the CAIPO story is NOT an old chestnut as has been suggested. I happen to know the attorney concerned and the story is true and very recent.

    In appointing Justice of Appeal Mason as interim GG, I have to say that it is most deserving and appropriate choice. She is lovely to look at, lovely in nature and an excellent jurist. It is good to see the executive branch showing such sense.

    Of course, unless I am reading too much into the appointment of Madam Justice Mason, it seems to me that a message is being sent to the judge I call “Auntie” Moore that he should go home and stay there. If I am right, it is an excellent idea and then he can take his judicial incompetence and lack of professional courtesy with him. But what else can you expect? Moore is out of the Solicitor General’s office – an office that as we see here…………….

  9. Forgot to comment on the appointment of Pam Beckles. Sorry, I should say Madam Justice Beckles. Another lady who is lovely to look at, lovely in person and an excellent jurist. The CJ is certainly upping the standard of the bench big time. Well done, CJ. Congratulations, Beckles J.

  10. I wonder what Roger Forde’s pay was like for the Myrie case? He has costed the Barbados government money we can’t afford to give away. This is just the beginning of this case and others that the Barbados goverment will have to settle with regional migrants.

  11. @Scout

    How much the case with t&t cost that was taken to abritration andhow much the law firm there near the bpwccul was paid? Just asking.

  12. Indeed it looks like the powers that be are trying to do right.

    A question in all of this is what can we do with Ms. Duncan. Surely if she is seen as a sponge on the taxpayers disciplinary action supported in law should be triggered?

    Caswell no comment?

  13. @Scout. I don’t think you can fault Roger Forde. Doing the paperwork and filing them to agree that the Myrie case should be referred to the CCJ is not the job of Roger Forde, but the job of the Solicitor General’s office. Roger’s job was to present the case for Barbados and it must have really angered him to have to waste the time to go befoe the CCJ and agree with the Myrie lawyers when any first year law student would have known that it was no contest on the CCJ hearing the substantive issue. The waste of time and money is really not acceptable at all. Here we are in a global recession with people in Barbados really hurting and the Solicitor General’s office is needlessly throwing away $500.000? Please.

    • For the first time many Barbadians are getting a chance to give meaning to the words of the late Errol Barrow that people, especially the poor, that they should keep away from Coleridge Street. The traditional media has done this country a tremendous disservice by pampering what happens in and around the Judiciary. They have failed big time in its role as the Fourth Estate. Some still wonder why a person from outside the Inner Ring would be resisted by the Establishment?

  14. “It looks like power has gone to her head and she believes that the xxxx is her fiefdom”

    This is true for too many women administrators in the Public service, disgusting human beings do deal with but with a few exceptions.

    Must say though that female jurists whether pleasing to the eye or not is a good thing. (Well then again there is that female that use to operate in Oistins … Oh God, that now spoil the plan for me … yuk)

  15. The country has come of age ; it now commands all the major appointments in Barbados : Belgrave from Boscobelle ; Stuart from Marchfield ; Gibson from Brittons Hill and now Mason from Marley Vale . This social mobility typifies the very spirit that is Barbados and must never be turned back by any forces of retrogression . Congratulations to the newly appointed .

  16. @ David .
    We do not only have to consider what to do with Miss Duncan , but most important , what to do with Miss Jennifer Edwards . She is the one up there who is paid handsomely for failing to make / take decisions . She has run the office of the Solicitor General into the ground ; she is an incompetent . Miss Duncan is not the decision maker up there . There is likely to be a mutiny at that place very soon as a number of lawyers have been taking advice from the NUPW and private counsel on related happenings in that department . WATCH OUT !!

  17. @Just Looking On

    Let us hope now the nonsense has been deposited on the World Wide Web some commonsense will prevail and rustle an awakening among those who are drawing tax dollars for a job. Anything less is called stealing.

  18. Many congratulations to you Madam Justice Beckles you are most worthy. You did not know me but the courtesy you extended to someone you did not know shone a light on you true “character”. You will not be even able to hazard a guess who I am.

  19. Can someone please explain why a sucessfull Farmer, Food Processor, Manufacturer, Designer, Sales Agent or any kind of producer has never been chosen for the post of GG?

  20. @David. Something for your readers to ponder. I was just speaking to a senior member of the Bar. Their question to me was if I thought that “Errol” or “Tom” would ever have allowed the sort of standards that go on at the Registry or whether they would have fired the Registrar? I have absolutely no doubt whatsoever that either Mr Barrow or Mr Adams would have fired the Registrar without a moment of hesitation – along with any staff that did not do their jobs properly.

    Therapist – The Rapist. Yes, very funny. Except that it cost someone $400 an hour of an attorney’s time to have the matter straightened out. Then it is not funny.

  21. @Amused

    It is why BU put a call out to Caswell to speak to the Public Service procedure which would guy the matter. We seem to be impotent when dealing with non performers in the Public Service.

  22. @David. But maybe Casewell is avoiding you – or taking instructions from his, happily retired, principal and his spin doctors. I don’t know as Casewell sometimes surprises me by showing, all too seldom unfortunately, the capacity for clarity and independent thought. I am looking forward, one way or another, to Casewell’s input.

  23. What a sad day for jurisprudence in barbados when its business can be turned into a political football for the sake of demonising a few. fate has a strange way of evening out things and we ought not to forget what goes around comes around. i wish thst people would stop using the good name of the Chief Justice Gibson to push their political agendas.

  24. @balance, oh balance. Is that the best spin you can come up with? This is not a political issue per se. As David has said, it is an issue about the parlous state to which the JUSTICE SYSTEM has been reduced. And WHY!

    But events have proved you right, balance. What went around certainly appears to have indeed come around. And, due to the Internet, far faster than some would like and with far less chance of cover-up or the rewriting of history.

    So, balance, will you join those of us who congratulate Madam Justice Mason and Madam Justice Beckles? Or would both these appropriate and meritorious appointments be viewed, by you, as “political”?

  25. @Amused

    Cant u see that people like amused and enuff see everything from politcal lenses. I have not Beckles, but from what I have heard about her she is a worker.

    Sorry the Registrar has turned out like that. I know her we spent a year at BCC doing a level law. Marson Gibson must be congratulated to to award inefficiency. As for Lorna Duncan, i think she does not have full control of her up top.

  26. @David

    The 2007 Public Service Acts is clear on discipling persons who are nor performing. The person must be told of his or her non-performance some people beleive that it not we in writing. The person must be given time to improve and reach the agreed standard axpected and lastly a compalint about the person’s non performance should be places on the file and recommended action, But the problem is that the review performance system has gone no where, thus deciding on ooutput can have its problems, and supervisors are not prepared to write for feAr of their car being damaged, or the house be torched.

    Another reason is familiarity breeds incest.

  27. “Now that you have gotten that off your chest any comment about the issues raised”?
    The issues David are all part and parcel of the system of political governance whose tentacles since the 1974 constitutional amendments have emasculated proper functioning of the administrative arm of government resulting in the inefficiencies so evident in most departments the Judiciary/Registry no exception. What galls me and which i am not prepared to pass unchallenged is the temerity of some to place all the ills of theJudiciary/ Registry at the foot of the former Chief justice, a respected and outstanding Caribbean jurist and all in the name of political expediency. Now Mr Simmons was appointed legally whether we consider the circumstances dubious or not; on the other hand , the Supreme Law of Barbados was changed to accomodate Mr Gibson as a result of bad advice by the Present Prime Minister who was Attorney General at the time.It is passing strange that Bu has not seen fit to highlight this error by Mr Stuart as a talking point but sees fit to vilify Mr Simmons at every turn. It is inconceivable that all the ills of the Judiciary could have started under the tenure of Mr Simmons but nowhere has the service of former Chief Justice Sir Denys Williams been subject to scrutiny and obviously some of the sins of omission about which you complain and lay at the doorstep of Mr Simmons would have had to surface under his tenure as well. But no, it serves the purpose to use MR Simmons as the proverbial whipping boy and i have a difficulty with that.
    Now, i havehad the honour and privilege of meeting Madame Justice Mason of humble lineage and proud of her roots. i congratulate her on whatever accolades she has been awarded but to suggest that she was marginalised or victimised by MR Arthur because she is a DEM is hard to swallow. I am familiar with a number of Dems who were embraced by Mr Arthur. Mr Sandiford for example was knighted by Mr Arthur and John Moores Bar , the DEMS haven in Weston, St James frequented by Mr Arthur as a wateringhole was rescued by MR Arthur purportedly out og Govt Funds to save it from foreign ownership. So, i do not buy that argument but while i commend the Madame Justice on her elevation to high office after her sojourn in St Lucia also at he highest levels, i am not aware of any significant contribution by her to jurisprudence in Barbados but i her well nonethe less. with respect to Madame Justice Beckles, i know her not and i wish her well too but again i a not aware of any significant contribution she has made to jurisprudence in Barbados also.

  28. I must confess to having a certain sympathy with Random on this. Yes, it seems like a good idea except that it is going to be ‘someone’s’ perception of what is going on here, there and everywhere – with no ‘other side’. And despite David’s disclaimer …err…David Who?

    Already we have the CJ cast as a saint and his predecessor a demon – which is totally fatuous. The CJ has done nothing VERY much and will someone please acknowledge the main architect for the Civil Procedure Rules which the post acknowledges. IF this is going to turn into a ‘lick him’ ‘smear him’ thing AGAIN then it achieves nothing

    Having said that – I have also heard glowing reports of Beckles J (ag) – as also of Alleyne J (ag) who I know is first rate. Alleyne J was first appointed by whom?

  29. Oh yes…and Mason J writes very polite letters and was appointed when having been what previously?

  30. @ David whoever

    Will you please serve a D Notice on Amused to advise him not to push his usual agenda – IF, that is, you want this idea of ‘yours’ to be credible.

  31. @Balnce

    how do u explain how Mr. Thorne’s wife was appointed and not Ms. Mason. And that lady is no where in the league of Ms. Mason. I cant even remebr her name, that means that she did not amke an impact on the legal system. Very few people had heard about, except for those who appointed her.

  32. This idea is already not credible! It has been turned into another political gimmick.

    I agree David needs to do something about Amused, who we have not seen for a while and who has jumped on this to kill it before it even gets started.

    BU Take action if you really want this blog to go anywhere positive. It is too serious a topic to play games with.

  33. I get it. Ross wants to take over this blog to pursue his own agenda. BUT, as I am bigger and better educated than he is (paraphrasing his words) he scared. Sorry to disappoint, Ross, I am going nowhere. But of course, you can always crawl back to the extremely credible BFP that you seem to have been frequenting quite a lot since you and I last bumped heads, and favour them with your insights. You might introduce Anonymous42 while you are at it. I like it fine right here among the big and the well educated.

  34. @Amused

    u saying i educted and that is why i am here. i remaing here so that i can learn something from u also.

  35. BU Do you see what I am talking about? Get this person amused out of here if you are serious about this topic. He/she is a saboteur.

  36. @ David

    If he is you I understand…though why you would want to appoint a complete prat defies comprehension. If not you, well it’s your blog. Do as you will – and take the consequences. Seems I am not alone on this.

  37. @ Amused

    I am not power hungry and I have no agenda other than truth. If you want me to go into yours – then, yes, I will spell it out. I prefer not to.

  38. David Simmons was the most incompetent and corrupt Chief Justice Barbados ever had.

    And to believe after demitting office near 2 years now……he announced a few months ago that he will ” tell all ” as to why his contract was not renewed.

    What a Joker……why did David Simmons not tell Barbadians in 2001 why it was improper for him to accept the CJ job after leaving the political arena a mere few months earlier.

    His role in the Kingsland Estate scam will demonstrate what a scoundrel he is.

    Nothing more at this time.

  39. @Blogger2012. I understood what you meant in your 11:45 blog. I agree with what you have said. Sad that a certain person has entrenched herself in the position she has, but everyone knows the mess that department is in and it is getting worse. Also that instead of addressing the issue, there are some who just have to politicize it. Or try to derail, trivialise and divert what is a serious discussion. But the silly season is now truly upon us, so………as a certain BU contributor might probably say, “The Bat Cave is open.” They should take their medication and go and sleep – hanging upside down so the blood can flow as far as their brains.

  40. @RR

    In all fairness I see nothing with amused argument. It is ovious that u cant match him intellectually. You must show where his logic is flawed for u to have any creditibilty.

  41. @Blogger2012. So, I am a toad who sits on a lilly pad (although I defer to RR’s superior intimacy with toads and frogs when he tells me that toads don’t sit on lilly pads) and you are sentenced to join me on said lilly pad and gambol in the pond. RR displays such brain power, such invective, such je ne sais quoi. And I really don’t know what the quoi is he displays, but the lilly pad is inviting and so is the pond and I have my lap top there so we can keep in touch and comment on the wisdom of RR. Deal?

  42. Amused

    You always masturbate with someone. It’s usually Observer. Now it’s Blogger – the illiterate who somehow knows what’s going on. So ‘fire’ away with each other and ENJOY. It’s pretty well all you’ve got.

  43. @RR
    The feeling is mutual. Shows ur deficiency in intellect lemuel. I dont run away from an agrument. If I see any flaw in his reasoning I will let him know. Thank god one of things i learnt is inductive and deductive reasoning, u can try it and ur agrument willl make more sense.

  44. When David Thompson died and I read how the newspapers glorified him, I was compelled to ask the question are there two David Thompsons? After reading your discription of Sandra Mason, I find myself asking the same question.

  45. Besides…you’ve seen to it that the post goes nowhere so there’s nothing much else to do – which is probably just as well. Well done BU! Definately a FIRST.

  46. @RR

    i could not have graduated from the hill in the 80’s with an honours degree and an MBA with Hons. Would have to have something between my ears. Like u, u masturbate in your ignorance that u cant even put up a spirited defense to ur argrument. It show your immaturity and lack of confidence in your self lemuel.

  47. @RR
    You have lost the agrument long ago. so go get a dildo and push it up ur rear and them masturbate. This the guttar behviour i can stoop to like u. Okay Lemuel.

  48. David

    Will you please explain to ‘Socrates’ that I am not Lemuel. This is a test of YOU David.

  49. @Blogger

    Are you saying there is no performance management system in the public service to be able to discipline these civil servants who many agree are at the bed of this problem? Would Caswell agree?

    Much of the debate so fact does not address the problem.

  50. To add to the previous comment now that we read of how decisions are influenced, can we say the judiciary is insulated from political influence?

  51. @ Poor Blogger- ‘Blogger the Syllogist, MBA’

    LOL So literacy standards were as bad in the ’80’s as well? Oh shucks.

  52. @RR

    in the 80’s obtaining an honours degree was not like to day where almost everone comes out with an honours degree. IN my day, less than half of the calss would have obtained honours and only two or three people would have obtained upper 2 as we called it them.

  53. @David

    Until u have an objective way of measuring performance, it is going to be hard to hold people to account unless u document everything and give the person to refute your documentation.

  54. For several years I have enjoyed blogging at BU. During the last year, certain new comers have tried to turn each thread into a political discussion (assasination), while casting aspersions left and right without even knowing the blogger. Now we have people demanding that others, long time bloggers, be silenced. Time to grow up people. Just address the issues.

  55. @David

    The constitution allow the PM to appoint Judges, that cluase would have to be changed, but I dont see any polical party changing it to allow for some independent body to recommend the appointment of such.

    As regards to the public sector reform it has gone no where. The PRDS which is a monitoring for both manager and subordinates have gone no where, until that is introduced and the subjectivity and identifying public officers who challenge the existing status quo become a thing of the past we will be spinning top in mud.

  56. Agree pat. “Just address the issues”!! long time and short time bloggers alike! Use some common sense and leave out the personal bickering and insults.

    Especially if BU really “encourages the family and legal practitioners to e-mail in their “Tales From The Courts”.”

    Grow up indeed!

  57. I am glad for Miss Sandra Mason. She is the first female to be appointed a Court of Appeal Judge. The President of the Senate is the first female to be appointed. Congrats to both. The females are on the move. Watch out men.

  58. Here we go now.

    Does anyone have and can they provide BU with a copy of the Report on the Assessment of the Barbados Judiciary Implementation of the Civil Procedure Rules and Project Proposal dated April 2010?

    • This report which has been suggested for recommended reading, can anyone assist in email us the report?

      Report on the Assessment of the Barbados Judiciary Implementation of the Civil Procedure Rules and Project Proposal dated April 2010

  59. @Pat. Greetings. How great to see you here. You used to work at the Registry when it was really going concern. Of course, as we both recall, that was some time ago. Chile, we getting old, but we both remember the Registry and a cordial and cooperative time was had by all, with very few exceptions mostly certain counsel who were a little too impressed with themselves. The Registrar himself was approachable and always helpful and really knew his job. Files did NOT get lost, yet everything was done by hand. Judges knew the then CPRs and so did the Registry staff. So did counsel. What the hell has happened? What are they thinking of?

    To answer David, judges are, to all intents and purposes, appointed by the AG in consultation or on the advice of the CJ. It is standard that these are executive appointments, but once appointed, judges are required to practice separation and independence from the executive. Therein lies one the problems with translating directly from AG to CJ any person. If you look at the legislation, it requires that the CJ be appointed by the PM and the AG in consultation with the Leader of the Opposition. So, effectively making the AG into CJ means that one of the parties who makes the decision has a conflict of interest. That is wrong. But it happened and is over (thank God) and what needs to happen now is that the lesson be learned so it doesn’t ever happen again and for the system to be returned to credibility and efficiency. In other words, we need to get on with it. Trouble is that the “old guard” is determined, despite the evidence of the mess and the resulting departure of foreign investors not to mention the complete dearth of timely justice, to cling on, not only to what was, but to what should never have been. And they need to be debunked. Brutally, if necessary. And soon. It is going to take years for the Barbados Justice System to rebuild international confidence and we cannot afford the luxury of allowing obstruction to this process. And obstruction there clearly is. And it must be removed, one way or another.

    I believe that Casewell has, in a past blog on BU, set out the process of dismissal of Registry staff, but I could be wrong. However, it doesn’t mattr as Blogger2012 has set out above the process that seems right to me at May 30, 2012 at 11:56 AM. I haven’t read the Act recently myself, but if Blogger2012 has and says that is how it is, I willingly accept and defer to that.

    BTW, Blogger2012 and I do not always agree. However, I always have to carefully review his well-considered views just in case he might be right and I might be wrong, before I express any firm opinion. But most people, I think, find that personal conviction is persuasive, as opposed to political expediency and inept spin, which is un-persuasive and which always seems to characterize the “thoughts” of RR-lemuel, or as Islandgal calls him “Le Mule”. Blogger2012, man don’t waste your time and effort on RR. Poor little man isn’t up to your weight at all.

    Personally, I am very much looking forward to Tales from the Courts Part 2. I don’t know when I was last so amused.

  60. Wait Pat is back … Not long before Geogie Porgie shows. (He sort a’ stalks Pat for those not in the know. They had a thing …)

  61. David, you should put the spotlight on the well guarded offshore industry as well – you will be shocked at some of the happenings and the nature of some of the transactions in this industry.

    • @robert

      This is an important blog and BU urges all to stay focused.

      If Amused wants to push his thesis about former CJ that he is allowed.

      You are free to state your position on the substantive issues of the post and ignore what you categorize as noise.

  62. David

    Your comment at 5:05 AM

    Do not allow yourself and BU to be used by some with agendas to vilify and demonise Ms Duncan. She is not the problem: she is a victim, probably because of xenophobia. I hesitated to address the issue because I was called upon to represent her against some trumped up charges and so I have an interest or bias if you like. They are always putting obstacles in her path in order to make her look bad. I was able to demonstrate that before the Judicial and Legal Services Commission and so she lived to fight another day. As a result of my efforts to represent her, I was subjected to some not so nice comments. I took them in stride, after all I won.

    There is another lawyer in the Solicitor General’s Chambers who is only given cases that he cannot possibly win. They can then make out a case that he does not win any cases in their efforts to terminate his services.

    • @Caswell

      Thanks or responding. If we rise above the personalities would you say we have a problem in the Solicitor’s Office?

  63. If there was ever a need to appoint a commission of inquiry, there is a dire need to appoint one to investigate the operations of the Registration Department.

    The qualifications required for appointment of the Chief Marshal was changed so that they current holder would qualify. A few Marshals collect money that was imposed by courts and converted it to their own use. When they were discovered, they were not reported to the police as required by the Financial Rules. Instead, they were given acting appointment and given time to repay the embezzled amounts.

    The Chief Marshal perjured himself by swearing an affidavit to the effect that a certain person could not be found when in fact the person was served by another marshal and turned up for court. The officer who reported the Chief Marshal’s perjury was punished.

    There are vacancies for 25 marshal and as a result, the work of the courts is being severely affected. I could go on but what is the use, action on all of the matters that I mentioned was prevented because of political interference.

  64. It does not help that the Government is proud that no public sector employee has lost their job during the DLP’s tenure.
    I do not favour sending people home for the sake of it but when employees fail to perform it is not in their interests, or ours (the tax payers, their employers) to prolong a situation which is not working.
    If Blogger2012 | May 30, 2012 at 11:56 AM | is correct, the mechanisms are in place to deal with non-performers. The problem then, is getting people to use them.
    Slightly off-piste but Jack Welch, the former Chairman and CEO of General Electric had something called the “vitality model” of business. He believed that the top 20% of the workforce was the most productive; 70% worked adequately and 10% were non-producers. He reputedly gave bonuses to the top 20% and fired 10% of his managers every year.
    While that strategy may seem harsh and is not one I am recommending, I do think that there needs to be some sign in an organisation that poor performance has consequences.

  65. @ Pat

    I do not know you but let me say that ‘;length of service’ is not a criterion of credibility. In this case, we have a post which raises certain issues. Your old chum Amused insists on addressing another issue – the character and achievements of the former CJ – which has not been raised and which has been thoroughly thrashed about on several BU posts recently.

    In other words he is using this post to suit his own agenda.and thereby taking it over to suit himself.

    What I and others have requested is that he desists from this to give the post a chance to breathe. No-one has tried to ‘silence’ him.. I note, however, that he persists in the personal invective without a hint of the ‘hand of peace’ from David. The current perception is that David’ has already over-played his hand.

    I also note that Amused now always listens to Blogger though he might not always agree with him. He said exactly the same when his pal Observer was on the job. And a last note – I see that Blogger has suddenly become literate. That’s progress.

  66. @RR
    I have always been literate. Were u not the same person that praised and commend be on a bolg I had written. You argure it was well presented and articualted, so I cant now become literate if u had praised me before.

    I have a mind of my own, i disagreed with ac and caswell on the AX issue, and as i have said before i seized the opprtunity to have tertiaty free education and always had a mind of my own. I could remember my headteacher telling me over 4o ears ago that i like challenging concepts and that is where I developed my skills of reasoning, I have never followed the multitude to do evil. The very first report i got when i went to work was an excellent officer, hold on to his views until superior argument persuaded me differently.

    By the way rr if i make a mistake and I am corrected i will acknowledge, But when u start being nasty I can alos be like u. As I said before, i look for inductive and deductive arguments in a blog and would not allow any bloger to make a quatan leap, If the premis in an agruemet is flawed, the conclusion must be. if i feel strongly on an issue.u or anybody on this blog must come with superior argument. If u r not lemuuel, why dont u ignore the snide remark and concentrate on the substantive issue(s).

    If u have a beef with amused carry on smartly, if i thinks that he must supported on an issue i will, and similarly i will disagree with him in a respectful way. If he disrepects me i will hurl some laser gudied missiles at him. Thats my nature, i have never allowed any one to disrepect me..

  67. David, I am afraid I cannot provide a copy of the document but I know it exists and every effort should be made to make it public.

    I am sure if we ask nicely a BU family member will provide it and it will be well worth the effort.

  68. “In August the CJ has arranged for the CCJ office to descend on Barbados and instruct the Registry and Judiciary on their duties and obligations to the Justice System and we who pay their wages and pensions.”

    Is that August 2012? Are you serious? I will believe it when it happens.

    Although I cannot fault the Trinidad based CCJ for wanting to help Barbados expedite the clean up of our mess of a justice system. Somebody has to do it, why not Trinidadians? Excellent move!

  69. “Therein lies one the problems with translating directly from AG to CJ any person. If you look at the legislation, it requires that the CJ be appointed by the PM and the AG in consultation with the Leader of the Opposition. So, effectively making the AG into CJ means that one of the parties who makes the decision has a conflict of interest. That is wrong.”
    Tell me what makes the appointment wrong and which party had a conflict of interest when it was done in accordance with the law having had the blessings of the then leader of the opposition Mr Thompson only to be later denounced on the altar of political demagoguery.the word unetical might be more suitable.

  70. This ‘The / rapist ” joke has been knocking around from the days of Benny Hill, the Brit comedian. And some time ago I borrowed and used it in BU blog.

  71. “didnt DS hotel apart of the Gems Project as well as Bernard St. John”

    Wasn’t Mr Thompson’s law firm a part of CLICO? tell me which of the entities has served to destroy the lives of ordinary barbadians more. i bet you cannot answer.

  72. @ David
    or anyone

    1. What is the evidence of the “alarming” disappearance of foreign investment BECAUSE of delay in the justice system? And is this investment the kind of investment BU favours?

    2. Who are the “many” who have insisted on a post of this kind?

    3. Only a few weeks ago, attorneys were labelled on BU as rapacious skinflints and a major cause of delay in the system. Now they are, apparently, victims of Registry and honour obligations for their staff from their own pockets. Why has BU changed its mind? (Note: I am not defending Registry)

    4. What is the evidence that the CJ is not receiving the cooperation of the Bench?

    5. Other than the incompetence of Registry, which in a limited way has been addressed by the CJ, what exactly is meant by the “CJ’s revenge”? Revenge for what exactly?

    6, By the ‘case against the Registrar’ do you mean the defamation case mooted last January?

    7. Since the post applauds the CJ when he blows his nose, would you kindly outline precisely how to date he has confronted the challenges he faces to warrant his encomiums?

  73. @ Lemuel

    Oh hello…yes you are me and I you. But then I’m also DS, some female politician cus of the way I say ‘trades union’ and God knows who else. Oh, for the record, I’m not Future PM either though I watch his back.

  74. @ Anon 42

    You are right to be incredulous about the alleged August visitation. Some weeks ago it was stated categorically that a meeting had taken place between our judges and the CCJ judges, in which the former had been heavily criticized by the latter. There was no such meeting. But I will get onto ‘my people’ and check.

  75. A chain is as strong as its weakest link. It is amazing to hear though that no junior counsels in the Solicitor General Chambers would have been given the nod when interviews only ended last week…that Chambers is operating at the lowest quota of staff i think it has ever been. All of the government’s civil matters flow through there and there are only 12 (in total) legal officers to handle the work load that passes through there when there should be at the very least 21 compliment.

    Before people point fingers at the incompetency of the staff maybe they should give that Chambers a full deck of cards to work with and then see if the quality of work remains the same….and while at it make sure the persons that are presently in senior positions at that Chambers be removed as well because in any legal office juniors are at first instance guided by seniors who are ‘suppose’ to be able to steer them in the right direction….if the juniors are incompetent what then does that say for the seniors???….but until the Government of Barbados grows the balls needed to remove the Solicitor General and a few of her disciples from that office there will always be that perception out there that NOONE at that Chambers knows what they are doing!

    • @Ruffled Feathers

      What is the status as far as the juniors becoming unionized?

      Why have we had a burgeoning civil service over the years but – based on your intervention – the Solicitor’s Office appears to be under-resourced?

  76. @Ruffled

    Have u ever had to wait on anything from SG’s chambers, sometimes almost three months for the vetting of a contract where Senior legal Clerk could vet, and sometimes you have to guide the said lawyers and correct them.

  77. @Balance
    You dont seem to able to decide facts from fiction. DT law firm worked for Clico, whereas DS&BS hotels were part of the Gems Project? Do u understand the distinction or u dont comprehend.

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