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. @David

    The Solictor Genal’s office heap scorn on the contrating of service to help with the drafting of legislation. They dont want to even accept those persons wo do the masters in legislative drafting just because they have not pursued the degree in law.

  2. Madam Justice Sandra Mason appointed acting Governor General”
    quite an impressive swearing-in-ceremony, congrats to the new GG and his wife. in my view it is a disservice to the nation to appoint an octogenarian to the post. it seems that the Aide De Camp is going to have his work cut out to ensure that the GG is alerted in timely fashion about any obstacles likely to cause him to trip/fall. i am wundering to know why madam justice mason wasn’t chosen for the job.

  3. 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”
    definitely, i do not understand the distinction nor do i comprehend your lop-sided logic? tell that to the disgruntled policy holders.

  4. @Balnce

    I am not surprised with your analogy. Who allowed CLICO to not honour the statutory reserve? Did it star with the DLP? The status of CLICO today, did the problem start with the DLP. After u have answered those questions I will continue the discourse.

  5. @David

    The AG should follow through on contracting out some service as it relates to drafting new legislation or amending legislation. The sc Chambers needs an overhaul. Govt rather than filled those vacant postions should experiment by hiring consultants to produce and the said contract shoul have ageed to ouput, if you dont produce you dont get pay.

  6. Miss Duncan and Miss Jennifer Edwards had always been at war. i find miss duncan total competent but the problem from way back 1996 was miss edwards. both had the same post solicitor general then so i cannot understand how miss duncan is now assistant SG, i guess she was reverted but as i am sure she is senior to miss edwards, they have never gotten along. miss duncan’s hands have been tired and alot of resentment was there for edwards who i know was not appreciated, was thought of as incompetent but as in barbados, many people are elevated to post because of family name, or who they know. barbadians will always suffer because the brightest and best, if too black, too poor or unknown family name will not be allowed to developed the country. if this country is continually governed like this, we will continue to suffer. that is why countries such as US where name, colour or position are not allowed dictate matters and will always prosper.
    Barbados will always be stratified – no wonder that any jackass could come here knowing they could offer a few dollars just to get piece of our land and eventually control our assets. we have no moral decorum, we put people in high positions because, they belonged to a political party etc. during slavery, it was because they were white, even thought they could have been retards. colonial mentality still exists, these high positions are given to those who know someone, not the best person nor the brightest. duncan and edwards situation is a classic case, u are blaming duncan for things beyond her control. why not go right back from how it all begun, find out who was senior, who should have been promoted and then offer ur dribble. i have never had a bad experience with Miss duncan but i can say that she must be strong because i would have left ever since and gave my services to a country who would respect me more.

  7. I got a tale from the Courts…or at least a legal chambers. I once heard a lawyer tell a story about another lawyer complaining to another well known lawyer, that his secretary warnt doing nuh work.

    Alleged reply was ‘ put her on the floor and MAKE her work’…. haha.

    True, true….

  8. @Disturbed Attorney | May 30, 2012 at 3:43 PM |
    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.

    i am in total agreement but i won’t add anything here. i suspect that those who have thus far commented know only what they read in the newspapers. i say nothing else

  9. barbadians will always suffer because the brightest and best, if too black, too poor or unknown family name will not be allowed to developed the country.”
    sometimes in trying to get over our points we get too emotive and open ourselves to criticism.

    does the composition of our present parliament support your view?
    is your view supported by the fact that mr stuart, mr belgrave and mr gibson are presently holding the highest positions in the landand we all are familiar with their background?
    does the background of the present leader of the opposition support your view?
    and what about the president of the senate.

  10. I am not surprised with your analogy. Who allowed CLICO to not honour the statutory reserve? Did it star with the DLP? The status of CLICO today, did the problem start with the DLP. After u have answered those questions I will continue the discourse”
    there has been evidence to indicate that lack of oversight by the supervisory arm of the insurance industry in barbados would have contributed to the clico’s ability to mismanage its operations to the detriment of its policy holders and investors; but when the scandal broke and suggestions for corrective measures so as not to exacerbate the situation were made, it was lack of inaction by the dlp and suggestions to punish miss mottley with laughter that in my view made matters worse.

  11. I thought everyone might like to share in the collected wisdoms of the entity calling himself “robert ross” (below to save you the trip) over on BFP. Apparently, inter alia, according to RR (whose initials clearly now stands for Red R*ssh*le) members of the BU family have been moonlighting over at BFP under different monikers “in order to ridicule” – as if anyone would dream of ridiculing BFP – perish the thought. But I thought I should draw this to the attention of the BU family which, as we know, rarely visit BFP – why bother. And even more rarely comment, because of BFP’s record of sending people’s ISPs to anyone who asks. And even those who don’t ask.

    Anyway, Red R*ssh*le (who, from here on in I shall simply call “Red”) having not managed to “wow” the readership of BU with his insights (by “insights”, I mean peering up his own fundamental orifice and then serving up the contents thereof) has defecated (sorry, that should read “defected”) partially to BFP, where he has started his own Tales From The Courts. Seems, poor little chappie, that he feels that BU is getting their information from Simmons-free sources and, like with the courts, he feels that a Simmons-free anything is akin to blasphemy.

    I love the BFP reply to Red below. 2 million readers a year? SURE!!!!!

    robert ross
    June 2, 2012 at 2:04 pm
    @ BFP
    Please see my blog on the Grenville Phillips post on the ‘third force’.
    One other thing – I learned the other day what has probably been obvious to you for a long time. It is clear that there are BU people who make it their business to come on the BFP posts in order to ridicule. That is very sad. Some of them are lawyers, and really not very nice people, who seem now to enjoy ‘preferred’ status on BU. On the other hand, there are others who come and are as constructive as any other and who DO use their BU names. The sabotteurs do not – but their style is unmistakeable..

    robert ross
    June 2, 2012 at 8:10 pm
    @ Nemesis
    Really? says RR with a look of amazement on his face. Funny, I know one of the sons and have spoken about the Free Presses to him…he has always expressed either ignorance or incredulity. So who is ‘David’ – the ‘many headed’ in his hydra-headed form? On legal scoops – some are total fabrications – but I do realise there’s a link with HH in Roebuck St – which explains the unmitigated vitriol against the former CJ and the obsequious fawning of the present one.

    June 3, 2012 at 3:37 pm
    Hi Robert Ross
    Don’t worry about those from BU and elsewhere who seek to divert the conversation here at BFP. They lost us all when they published that a murdered tourist was ‘white trash’.
    No problem Robert… focus on the message that you want to communicate…
    Two million visitors a year at BFP are happy to hear what you want to say.

    robert ross
    June 3, 2012 at 5:07 pm
    @ Cliverton
    No-one aint stopped me yet…LOL…and good luck to you!

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  13. By the way have found that serial rapist yet. you know the one they set free.
    as how the hell could those women see in the dark a black face.
    hhummm any clues.? call your local rapist hotline.1- 800-you-like
    and be reassured you wanted it did- ent you ????????humm

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