Acting Crown Counsel Elwood Watts Asks High Court to Block the Appointment of Attorney at Law Alison Burke

Chief Justice Marston Gibson, heads the Judicial and Legal Services Commission

The following extracted from the Sunday Sun September 23, 2012:

“A High Court is being asked to block the appointment of a Crown Counsel in the Office of the Director of Public Prosecutions (DPP). In an unprecedented legal development, attorney at law Elwood Watts, who acted as Crown Counsel in the DPP’s office for the past six years, is seeking an injunction against the Judicial and Legal Services Commission, chaired by Chief Justice Marston Gibson and includes Appeal Court Justice Sandra Mason and High Court Justice Maureen Crane-Scott.

Attorney at law Alison Burke, who was recently admitted to the Bar, was to take up the permanent appointment as Crown Counsel effective September 1. But in his court filings challenging the decision of the Judicial and Legal Services Commission to ratify Burke’s appointment, Watts has complained that the position of Crown Counsel was never advertised as required by law. As a result, the former police sergeant who has been on secondment to the DPP’s office, said he never had a chance to secure the appointment.

Reports indicated that Burke, who was attached to the Ministry of Health as a staff nurse prior to her appointment, never had any experience in court proceedings. A date is to be set for hearing of the injunction.”

As is often the case, the half baked report deposited into the public space by the Nation newspaper has generated several questions in the BU household, questions which a little probing by a rookie journalist should have felt obligated to ask the relevant parties and laid bare for an unenlightened public.

Is this a junior or a senior position? The way the Nation puts it, it sounds like a senior position, but is it? Would it have required Holmes-like ability to have informed the public to enable it to ‘adjudge’ the matter?

  1. BU would be interested to know what are the conditions of such an appointment? Is it required that it be advertised? (Caswell?) How come the young lady could send in an application and was presumably interviewed and appointed – and the person acting, not know and do the same?

What modicum of legal knowledge is available to BU suggests that this is a matter of public interest and therefore the Nation newspaper does not have the usual escape route available to it by howling SUB JUDICE.

If we were to generously critique the report, it seems unbalanced and reflects an investigation of one side only. The newspaper appears not to have asked any questions of the DPP et al, including CJ Gibson. All questions which a worthy Fourth Estate should have felt entitled to ask in the circumstances. BU can speculate why from reading between the lines Elwood Watts feels he is entitled to the job.

BU and many others, except the so called Fourth Estate, have remarked critically MANY times on the delays coming from the DPP and how people are left on remand for YEARS due to failure to prosecute in a timely manner. This is not only the fault of the courts, but also the DPP. BU and many others, except the so called Fourth Estate, have remarked critically MANY times on the delays coming from the DPP and how people are left on remand for YEARS due to failure to prosecute in a timely manner. This is not only the fault of the courts, but also, largely, of the DPP.  Watts has been a part of that problem for 6 years. Unfortunately because of the lack of proper reporting by the Nation, we have to consider that he was passed over or not invited to apply because he was unsatisfactory as Barbados tries to upgrade its judicial system.

There is so much more which can be gleaned from the report but BU is only a blog so why bother.

0 thoughts on “Acting Crown Counsel Elwood Watts Asks High Court to Block the Appointment of Attorney at Law Alison Burke

  1. The Public Service ia lot of shite with a lot of idiots doing ignorance. I wouldnt want to work there if you were paying me a million dollars.
    Going to a Government Office to do business is the hardest most unpleasant thing in the world. The attitude of most of the workers is the pits. They usually treat you with a look of “why are disturbing my day ?” “Go away and dont humbug me”

    “They usually treat you with a look of “why are disturbing my day ?” “Go away and dont humbug me””
    But you ARE disturbing them. What the hell would make you crazy enough to go and disturb the people during their work?

    -Don’t you know that these jobs represent their rightful benefits as Bajans?
    -Don’t you know that big able economist (economiss) like Mascoll and O$A argue that paying them is good for the economy?
    -Don’t you know that NOBODY can fire them….whether they work or not?
    – don’t you know that even if you complained Caswell or some other union GURU would be down on your case with some obscure rule made by idiot politicians who can not even operate a snow cone cart successfully?
    Don’t you know that you should be grateful that you did not get a hard slap for going and disturbing the people day rest?

    JUST ASKING a few questions…..since you won’t…

  3. @Bushie
    Don’t you know that big able economist (economiss) like Mascoll and O$A argue that paying them is good for the economy?
    Give BU family a break nah…….. .BARE CRAP and for the TBowl……Is this some competition on,(DLP yardfowls) to see who cud tell the most LIES?

    Like the latest faux pas… passing legislation to allow ships to gamble on we waters in we port from 6 pm to 6 am?..UNDER THE GUISE OF SHOPPING and more $$$$ for the nite owl taxi men. Who DEM think they fooling ..YOU? Think Barbadians so gullible not to connect this to the PLANNED NEW PORT FACILITY unveiled only two weeks ago ?

  4. @Smooth

    posts in the public service are transferred from department as the need arises, in creating a post, you have to have it evaluated to determine if there is a need for the request, in transferring a post, you add to one department/ministry and reduce the list for that department by one. Therefore, you cannat argue that transferring a post is creating a post.

    Further, request are made to the Ministry of the Civil Serive for the creation of a post. In the first instance the post is created for a specified time, i think the maximun is for thre years as a temporary post at which time a determination must be mase if it should be establishe, that means it is enetered in the Civil Establishment orer and it is only then can anyone be appointed that post. IT MUST BE ESTABLISHED for anyone to be appointed thereto. When a post is created, u r appointed to act in that post, and not appointed, AS I HAVE SAID BEFORE, TRANSFERRING A POST IS NOT CREATING A POST OR ESTABLISHING ONE. YOU CAN CHECK THE CIVIL ESTABLISHMENT ORDER TO SEE WHAT POSTS HAVE BEEN ESTABLISHED IN THE PUBLIC SERVICE YOU WOUD NOT FIND TEMPORARY POSTS IN THAT OFFICE. I REST MY CASE.



  5. @All

    there are two more former employess of the Supervisor of Insurance Office who are being paid, waiting to be posted. If they posts were abolished, would they be still receiving as salary? Hell no, they would have been pesioned off, silaar to what had obtained at the Hospital and the airport. I rest my case.

  6. @ Bush Tea | September 25, 2012 at 11:30 PM |
    “Don’t you know that big able economist (economiss) like Mascoll and O$A argue that paying them is good for the economy?”

    Are you referring to the same public sector workers that FS the astute communicator described as the best in the West? Are these the same group so admirably described as productively and effectively outstanding and worthy of the highest commendation if not a salary increase?
    Come on Bushie, why would a country want to get rid of some of its best brains and brilliant workforce?

    Before you comment you must always remember the BBE upstairs is monitoring every ‘time and motion’ activity and statement emanating from the Bushman who has sworn to uphold commitment to the tenets of fairness, balance and most of all to the Truth.

    You speak with a forked tongue coated with a partisan grunge in the colours of yellow and blue- not a good sign of good political health. You cannot in one breath speak about the BLP is planning to send home10,000 from the public sector while in another breath speak about OSA and Mascoll keeping them on the payroll for the good of the economy. Or are you arguing that the BLP would send them home but continue to pay them full salary since there would no drop in productivity?

    You ought to ask the DLP what plans they have to “restructure” the public sector.
    Or its it business as usual like the tertiary education sector where sacred cows are sacrosanct even if the economy is going downhill in a wheelbarrow overflowing with the army of occupation and unable to meet the financial demands from EWB’s dreams and Hillary Beckles’s idealistic projects.

  7. @ Miller
    Skippa, if there are things that you want or need to say on BU just go long and say them nuh …. Why do you need to reference Bushie’s foolish comments?
    You hear the bushman looking to send home people? All Bushie did was to warn JUST ASKING bout touching the Lord’s anointed…. You like you got clothes hang out and looking for rain yuh….:)

    Another thing…
    Just because a group is described as the ‘best in the west’ does not say that they are not mediocre…. You ever heard of the status of the one eye man in blind man land?

    Finally, Bushie’s colors are blue and gold not yellow. These colors are national and beyond anything partisan. They are also associated with an ‘over 300 year old’ institution of influence.
    Up and on…..

  8. @ Bush Tea | September 26, 2012 at 10:37 AM |
    If you really are one of the anointed then you must accept that hypocrisy and double standards are not manifestations of the glow from ‘holy’ oil.
    So let us reason together. If Freundel is in high praise of a Service that is the hallmark of mediocrity would you agree that such an assessment reflects the truly blinkered character of the man among blind incompetents?

    Maybe in your old school ties that bind ways he, Freundel, has not benefitted from the “right” grooming in the virtues of: “Religione, Humanitate and Industria”.

    The miller is a strong believer in the line “Ever upward to the Light” and does not have to wash his dirty school tie in public to show his rejection of mediocrity in any form but can openly boast of moorings deeply embedded in the ‘water’ ford.

    “Lives are in the making here
    Hearts are in the waking here
    Mighty undertaking here
    Up and on, up and on.
    We are arming for the fight
    Pressing on with all our might
    Pluming wings for higher flight
    Up and on, up and on.

    Up then! Truest fame lies in high endeavour
    Play the game, keep the flame burning brightly ever
    Up then! Truest fame lies in high endeavour
    Play the game, keep the flame burning brightly ever

    Foes in plenty we shall meet
    Hearts courageous scorn defeat
    So we press with eager feet
    Up and on, up and on.
    Ever upward to the fight
    Ever upward to the light
    Ever true to God and Right
    Up and on, up and on.

    Fair before us lies the way
    Time for work and time for play
    Fill the measure while we may
    Up and on, up and on.
    Life and time will not delay
    Time is running fast away
    Life is now – today, today
    Up and on, up and on.”

    Penned by the Big Boss Engineer (BBE)

  9. LOL @ Miller
    Bushie doubts that it was penned by BBE, however it certainly carries the mark of being composed by a proper Micro Mock Engineer 🙂

  10. I read some section of the Financial Service Commision Act and was intereted in section 35(!) which states that where a Public Officer (po) accepts employment with the commission, the p o shall retain rights to pension, gratuity or other allowance for which he would have been eligible had he remained in the public service and any such rights preserved.
    The 2008 Public Service (General )Orders(formerly the Civil Establishment (General) Orders was the last order passed establishing or abolishing posts in the Public Service.

    The Post of Insurance Officer ! and II is bracketed. For Insurance Officer 1 the requirements are a degree in Accounting, Economics or Public Administration. Not les than three year’s relevant is required or
    Completion of the Certificat Level of the ACCA programme or the equivalent level of professional qualification in Accounting recognized by the Institute of Chartered Accountants of Barbado. not less than five years’s relevant experience is required, or

    The final certificat in Insurance and not less than five years’ relevant experience

    For Insurance Officer II no experiece is required if the person has the requisite degree, if the qualifiaction as mentioned above as regards accounting qualification or the intermediate certificate in insurance three years relevant experience is required.

  11. @Bushie
    The 300 year celebration of ye ole up and on saw a call from Harold Edmund the Dean for the school to be renamed to honour the benefactor Drax.Besides still owning Drax Hall and a having an MP in the present Commons,given the wealth and influence of the Drax family,should not this suggestion be taken up by you old scholars to benefit present and future students.An expanded plant and instruction to train future generations of administrators in all aspects of governance of Barbados might be the way to go.In other words let the Drax legacy started in 1695 come full circle and be that school now at Waterford specialize in producing the future leaders of Barbados.I know that given your penchant for scholarship you are aware that the Drax Arms of 1367 is in the colours of blue and gold?Coincidence?

  12. @Smooth chocolate

    I was waiting for your repsonse since stating that the last time post were abolished was in the 2008 order so the Insurance Officer post could not have been ablished, have u and ur cohorts gone silent on this matter having followed Mr. Know all sheepishly.

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