Tales From The COURTS VIII – Justice Elneth Kentish v Businessman Joseph Jordan

Joseph Jordan and Justice Elneth Kentish (inset) – Photo credit: Nation Newspaper

On Wednesday November 7, the Nation published a report headlined “COURT TWIST”. It recounted how Miss Elneth Kentish, one of our battery of so-called “High Court Judges” had recused herself from a case before her, on the basis that she herself would be suing one of the parties in the case for defamation, presumably arising out of the case. The details of the case, Coach House Limited v Joseph Jordan III, are not relevant here.

However, what is relevant is that, according to the Nation report (and the Appeal that has, it is alleged, since been filed) Miss Kentish, after having recused herself, went on to issue an order in the case. So, the allegations of the Nation and the Appeal being correct, she removes herself from the case and then issues an order in the case. Does this make sense to anyone – and we mean both and legal common sense.

And just what would have been so wrong in Miss Kentish (or our incompetent Registrar) writing to counsel on both sides in advance of their appearance before her, stating that she was recusing herself and maybe even copying them her letter to the CJ, so that they did not turn up in court and charge their clients for so doing for four hours AT LEAST of their time?

You want BU to approximate the barest minimum amount of money it has cost the litigants? We can do that, thanks to the Nation. We discover from the Nation that Mr Jordan was represented by attorneys Niles and Jackman and Coach House was represented by attorneys Abrahams, Peterson and Watkins – five attorneys billing no less than four hours each at a rate each of anything between $200 and $400 upwards per hour – we are being very conservative, however). So, at an average, Miss Kentish’s little amateur dramatic production cost the litigants approximately $6,000 in unnecessary legal fees, not to mention the fees counsel will charge for preparation. And added to which are the fees for an alleged appeal of an order that any first year law student would have known it was highly improper for the judge to give in the first place.

Come to that, what would have been so wrong for the Chief Justice to stop talking, read Miss Kentish’s letter and realise the financial impact on the litigants and the waste of court time, all so that Miss Kentish could (it certainly appears) attempt to terrorise one of the litigants from her position on the Bench, doubtless with a view to an out-of-court settlement of her alleged claim, and step in? Is that too much to expect from the man appointed chief justice, who is instead shaping up to be the biggest blowhard the country has even seen?

It is alleged that Miss Kentish has been unwell quite a lot recently, necessitating long periods of sick leave during which she has had to be replaced on the Bench. While BU sincerely wishes her a speedy recovery, it is clear that, if the Nation report is accurate, which the Appeal seems to suggest that it is, Miss Kentish’s judicial competence (however  much there was of that to start with, which, given the unacceptably high rate of successful appeals against her decisions, is highly debatable) has been severely compromised.

The cost of appeals from decisions from incompetent/moronic judges of the Barbados judiciary, is colossal (not to mention the cost of appeals to the CCJ from almost equally incompetent justices of appeal) not just for the litigants, but for the taxpayer that has to fund the courts and their operation. It is also extremely damaging reputationally when “legitimate” organs of the press report (without actually understanding them, because if they did they would desist) these actions, not to mention the deterrent factor on foreign investment. Then there is the unacceptable financial and mental strain that litigants are placed under by those whose job it is to deliver justice.

It is obvious that Barbados’ judges, in addition to thinking that they have a constitutional right to be stupid, also have mixed up the dictionary definition of “justice” with that of “torture”.

So, in the hopes that she will do the judicial equivalent of falling on her sword (or any other sharp and protruding object available to her) and retire “on grounds of ill health”, we wish Miss Kentish all the best in her retirement and many years of enjoyment of the pension we, the taxpayers, will be forced to pay her in recompense for all she has failed to do for us and the money she has cost us, both in taxes and as litigants.

By retiring, Miss Kentish finally stands the chance of doing Barbados a great service, as, with any luck, the entire Bench, including the Chief Justice, will follow such a desirable and patriotic example and retire on grounds of ill health, real or imagined, and let us get some proper judges in place. Believe it that paying their pensions for the rest of their lives will be MUCH CHEAPER than allowing them to continue to subject us and those whose foreign currency we wish to attract, to their brand of total judicial incompetence and the ridicule of the rest of the world.

0 thoughts on “Tales From The COURTS VIII – Justice Elneth Kentish v Businessman Joseph Jordan

  1. The problems with our judicial and legal service stems from the manner of appointing judicial officers. The Prime Minister, after consultation the Leader of the Opposition, recommend the appointment of judges. Consultation does not mean that the Leader of the Opposition has any say in the appointment. If he objects, the PM’s choice would still be appointed. As a result, judges are appointed more for their politics than their scholarship. Let me hasten to add that I am not saying that applies in the current case, but it does make one wonder.

  2. From Bushie’s personal experience, the Barbados courts are even worse than are depicted by this BU series of Tales from the Courts.
    Agree with Caswell that gross incompetence and ineptness is the root cause.
    ….and the new bossman seems to have settled in and blended perfectly into that environment….

    This is what we get for this national obsession with placing second rate jokers in charge. Any judge who is overruled more than three times should be required to resign

  3. Something should be done about the judicial system but all Lawyers in Barbados are complicit in maintaining and supporting a flawed system.

    It is a money tree for a lot of Lawyers and they will enrich themselves till they die.

    $200 to $400 per hour,palatial homes in Sandy Lane and Fort George heights and Benzes and Bimmers……….

    • The time has come, it cannot be hidden any longer.

      If only we can get the media, political parties to cover what is happening in the judiciary with the same energy as privatization, AX and other issues which of late.

  4. @David. Confess to being startled when I heard that Kentish had recused herself and then issued an order in the matter. Very bad form and appealable. And it doesn’t take a lawyer to know that she was well out of order. It is common sense and the Nation appearently lacks common sense, as it failed to question this. But I am told that this is precisely what she did. I have not seen the letter Mr Jordan wrote of which Kentish complains, but if it alleges incompetence, then this latest will likely not advance her cause at all.

    I also agree that it is shameful that counsel was not advised by letter of what was happening and the costs (which I place closer to $15,000 than to $6,000) avoided. Shameful and unacceptable! I also condemn the use of the Bench for Kentish to declare herself – I agree that it looks like intimidation.

    @Bushie. You got that right. It is much worse than “Tales” reflects. But at least BU is doing something to alert the Bajan public AND ELECTORATE to possibly the gravest threat of all to Barbados, which both government and opposition seem determined to pretend is not there.

    @Hants. A lot of people are involved amongst whom that “$200 to $400” has to be divided up. Office rental, phone, fax, e-mail, photocopying, stationary, postage, secretarial, clerks etc. The overheads on a legal office are extremely high. Counsel would only be paid a small portion of that – about $100 per hour at my estimation, which is a lot less than doctors make. So that tack is unfair – there are lots of other areas in which you can justifiably censure legal practitioners and I respectfully submit that this is not one of them. By the way, the best senior lawyers charge a lot more than $400 per hour, but they likely bill each client less as they take less time to do the work due to their expertise and experience. And I apply the old adage that you get what you pay for.

  5. Lawyers in Barbados are complicit in maintaining and supporting a flawed system.

    “After a two decade long legal fight, a former employee of Rayside Concrete Works Ltd has won the battle for his 15-year severance package, with a Court of Appeal judge describing the delay as “horrendous”

    That is Banana republic epitomised.

    @Amused, wrote”about $100 per hour at my estimation, which is a lot less than doctors make”
    and your point is?

    You can’t defend the indefensible.You get a Taxpayer funded education and charging the same tax payers exorbitant fees.

  6. This is the usual Amused stuff – full of froth and innuendo – short on facts and truth.


    Where in the link you provide does it say that Kentish made an order after recusing herself? What was the nature of that order?

  7. @ Hants
    The president of NOW explained the whole problem recently. She says that women running things bout here since they outnumber men, and we operate a democratic system.
    She right!

    Take a careful look at the court system, civil service, teaching service, politics, church etc…..and see if she is not correct.

    What woman judge what!?
    You NEED balls to be a judge.

    …95% of all women will do whatever some man tells her to do, which is why most of them get into such positions anyway. (The other 5% will do what some woman tells them to do)

    Women were perfectly DESIGNED for the role of providing support to their man and family, now the whole thing mash up and monkeys playing wid guns…. Down and out we go….

  8. @Hants

    The Rayside matter represents the tip of the iceberg. More to come!

    What is it that legal officers should uphold you say? Can’t hear you.

    In case you need reminding:

    Justice delayed is justice denied.

  9. @Hants. “Lawyers in Barbados are complicit in maintaining and supporting a flawed system.” Only partially true and then to a surprisingly small degree. Most lawyers in Barbados (not all) are the victims of a terminally flawed system.

    “You get a Taxpayer funded education and charging the same tax payers exorbitant fees.” But everyone gets taxpayer-funded education, not just lawyers. And in return, they charge the going fee for their services, not just lawyers. Indeed, some get their tax-payer funded education (not lawyers) and take off for other countries where they parlay this education into massive salaries etc., without then even paying any tax in Barbados. Given that, your argument is specious and silly and I have to wonder what some lawyer has done you to make you think that they do not have the rights accorded to all others. Care to share?

    So, I ask…….did the Bajan taxpayers pay for your education? Have you derived benefit from that education in Canada and charged the best rate you could for the fruits of that education? Do you pay taxes in Barbados as a way of giving back? Had you been educated as a lawyer by the Bajan taxpayer and were you practicing in Barbados, would you be advocating working solely pro bono or for a pittance, or would you be asking for the best you could get? If the answer to that last is the former, then every effort ought to be made to canonise you……if the latter, then silence would be best and you can continue then to capitalise on your taxpayer-funded education in Canada without providing any returns to Barbados, other than your views on its lawyers.

    BTW, Hants…..and I am not asking, but telling……the current rate for a top counsel in Canada where you live is CDA$1,000 per hour (about $2,000 per hour in Barbados currency) for a junior, CDA$250 per hour ($500 Barbados).

  10. @BT
    Women have always been running things, think of Eve and many others. The women have you just where they want you, thinking that men were ever in charge of anything.

    See how your BBE (a woman BTW) send IG & AC to stress you out, they are ends of the political spectrum but they manage to find common ground against you. They won’t be happy until you are in a room with padded walls wondering what went wrong.

    Any way gotta to go now someone is calling me “ Yes dear,what do you want dear……?”

    This Sarge knows how to butter his bread on both sides

  11. @ Bushie
    What woman judge what!?
    You NEED balls to be a judge.
    Bewolf be careful…some of those women judge might have bigger balls than you, wolfman….LOL..ever heard of transformations ? Goedies balls even …see what they did to Jeff

  12. Onions you are just too wuffless….. Bushie was of course speaking figuratively.

    @ Sargeant
    You are right. After God made man initially and realized how long it would take for them to mash up the world, He took the ribs from a man and made woman…. The rest is accelerated history…. LOL

    No problem with the butter on both sides of your bread, you are in good company. Note that Amused cant even get in his snide remarks in edge ways…..Bushie suspects that “she who must be obeyed” now has him writing under advisement. 🙂

    ….don’t even talk about David, or “goatmilk” Caswell. A wrong word from Caswell and all that milk brought for nought…..

  13. @Bushie. You are so right and I have long suspected that you know She Who Must Be Obeyed. And therefore you know that it not “under advisement”, but “under threat”. And you, my friend, I will leave to the tender “mercies” of Islandgal.

  14. story above is boring and so typical of barbados justice system.


  16. bushie yuh could as well face the fact wunna lost power running after puss.y and still wuuna not klearn nutting like loopy digs wunna keep coming fuh more who the dummy. yuh see how amused keep lashing out at kentish for no real reason at all cause he feels threatened by the woman superiorty and that not supposed to happen hey amused yuh can.t win cause in the long run yuh still need a woman to have that door knob rub at night and that is power

  17. this place is a real banana republic.Imagine recusing one’s self from a case and then issue an order, and now we have someone waiting for 15years to get a judgement for being severed from a job.A bunch a jokers we have sitting in judicial system

    ‘ , ,

    • @fran

      So true, BU had hoped that Andrew and CJ Gibson could have formed a formidable tag team by now. When the dust is settled we have to measure productivity of the Courts and the Court Registry by throughput. Yes we need quality decisions but it is all negated when we read the backpage story in today’s Nation.

  18. Under the present circumstances, these situations will prevail. Until there is a paradigm shift or as someone in Jamaica described it, a seismic shift, these sort of things will continue. We need to make that quantum leap because we are lagging.

  19. There are some jobs that women are not suited for under this present dispensation. Like I said , there has to be a shift. The world is not made for women to participate except for certain roles.

    Understand what I am saying, I am saying that women are capable. I am saying that the patriarchal foundation on which the world is constructed, puts things against women. As such, women will struggle because the world was made for men by men. There are some social organizations that have a history of -no women and this is just one example of how things were stacked against women.. When we say that women should not be in certain positions we mean that based on how the world has been constructed , women should not be leading in certain areas. When that statement is made , people shout that you are against women–No ! definitely not against women.This is a statement that speaks to the system of things.

    For example is it any wonder that in the case of Kaymar Jordan for example , she did not last at the nation. The Old boys club. When I heard Kaymar on the radio talking with David Ellis about a situation where she would hand in her resignation to Sir Harold Hoyte (who knight he ????) Vivienne Gittens and Sir Fred Gollop if she thought that she was not doing a good job, I said to myself–Self: you see she–She aint gwine last too long

    So it is true, women have things stack against them and it will take more than legislation to make a difference. Difference has to come from within

    Change Change CHANGE —OF seismic proportions

  20. So wats new in the scam that is bims corrupt justice system. The damage has already been done, no way in hell investors will bring their money to bim in that climate of viciousness.

  21. I really take offence wen hearing how things are ‘stacked’ up against women. I know women judges who kick ass in north america but fairly and with commonsense. Not with a belittling of their own people mentality which is standard procedure for the ignorant who have small island power over others. Bet kentish would not try that crap with Bjerkham or any other bajan white

  22. Amused wrote,”and you can continue then to capitalise on your taxpayer-funded education in Canada without providing any returns to Barbados.”

    I am providing a big return by not living in Barbados and wasting the extra space you need.

  23. “There are some jobs that women are not suited for under this present dispensation. Like I said , there has to be a shift. ”

    There is a serious gender bias in this country that you could cut it with a knife. There has to be a shift I agree because if that is not done sooner Barbados will be forced to to shift later and that will dent the many very fragile egos that feel that women should be seen and not heard.

    People like Bush tea who also believes this shoite that women are causing problems outside the home in the workplace should really take a look at the real role of a woman. She is the first teacher a child accepts, she is also the first leader a child sees and she is the first miracle worker a child knows. Man was made to complement a woman and not the other way around.

  24. Morning Islandgal sweetheart, Wuh you had aloes fuh breakfast or Wuh? Why you don’t climb the hill and come and let Bushie administer the bush medicine that you need nuh? ….you would not be waking up so bitter on mornings… 🙂

    IG, the very fact that women are ” the first teacher a child accepts, she is also the first leader a child sees and she is the first miracle worker a child knows” speaks for itself in terms of the KIND of children that we have been producing during your generation.

    Looks like we going have to take back even that wuk from wunna too…

    ….come up the hill and let Bushie show you a thing or two do…

  25. Bushie I done tell you that you going to have to come to me and not the other way around. I going to do some work in the garden and I need some help. Interested? Have a good day soursop!

  26. David

    I ask you again

    Where in the link you provide does it say that Kentish issued an order after recusing herself? What was the nature of the order?

    Two further points.

    The post complains that Amused’s chums were brought to Court unnecessarily when they could have been telephoned. That is a very strange thing to say. A judge who recuses him/her self must do so in open court not least to give counsel the opportunity to ask formally for reasons. It is a part of the public record – not a matter for private phone calls.

    I know of no reputable attorney who would charge a client for attendance in a matter of this kind.. But then low-life is low-life.

  27. @Caswell

    Looks like you were correct, again.

    Elwood Woods won the case against the Judicial and Legal Services Commission and the AG. The job needed to be advertised based on the ruling.

    • David

      Watts’ case is just the tip of the iceberg: there are many more like his, unfortunately, public officers are afraid to come forward. Instead of fighting, many opt for early retirement leaving the dearth of institutional knowledge in the Public Service.

      Another unfortunate aspect of promotions in the service is that all you have to do is sleep around until you bed the right person and presto you are promoted. All it took for one person to reach one of the highest decision-making jobs in the Public Service was getting pregnant for a personal assistant. Now this lot in office is trying to outdo last group so you will see many more of these supersessions. Mind you, I am not saying that this case was one that fell into that category.

      Sent from my iPad

  28. @David
    The weekend nation said it appeared as though the J&LSC might not have been aware that the job was not advertised.If so,whose to blame for that oversight?

    • Gabriel

      I know that your question was directed at David but I will answer.

      The Judicial and Legal Service Commission is entirely to blame. They had a duty to be through when making such far-reaching decisions. You would expect better from a commission that is comprised of such eminent persons. They are not rubber stamps. If they were deceived into making that particular decision, they should have reported the offender to the Public Service Commission for disciplinary action. I assume that they didn’t so they must take the blame.

      I don’t know if anyone else saw it but they agreed to appoint Mr. Watts to the post of Senior Crown Counsel without advertising it as required by law. That is a face saving and totally illegal solution. He should have been awarded punitive damages because the JLSC acted contrary to law and I can see no viable excuse for doing so.

      Sent from my iPad

  29. @Gabriel Tackle

    BU was advised the whether the post was advertised is not in the remit of the Commission. BU believes that in all practicality the Commission has a basic duty to ensure the requirements set out in the Public Services Act was followed.

  30. Shit happens in the public service every minute, EVERYDAY.
    The Public Service is a sordid mess right now thanks to some good ignorant arrogant people who think that having a degree is all to it. Only a jackass would think that because you went to University and get a degree that you know everything. Some idiots who have the degrees feel so and some who dont have the degrees feel so.It is a dangerous situation inthis country. This is not what Errol Barrow wanted but he did warn about the Crabs in a barrel mentality. Read his speeches–Great Man! Love him !–He is a true Hero of Barbados
    the NUPW has failed period
    here is hoping that Caswell and D .Alleyne can take over the NUPW and run it properly. We know that if the BLP forms the Govt, that the NUPW will be robust with D.Alleyne and Caswell at the ‘hellum” (helm)

  31. @ David | November 16, 2012 at 12:05 PM |

    Because she was following a political instruction from on high.
    However, when the politician who gave the instruction realised the legal tangled web that was weaved his instruction was rescinded or retracted thus making the way for justice to prevail. A classic case of ‘once bitten twice shy’ after the legal precedent set by the George Edghill case. Blatant political interference just will not do in the appointment of non-senior or middle level civil servants unless the administration wants to run the risks of heavy law suits.

  32. “Women in positions of authority tend to operate funny”

    Men in positions of authority tend to operate funny too many times slimy and unethical!

  33. OK Islandgal, stop avoiding the issue…are you Miller…?
    Men in positions of authority tend to operate slimy and unethical!
    “Women in positions of authority tend to operate funny”
    …and that is NOT funny as in Ha Ha

  34. Ever so often, a MAN comes along who stands up to the pissy politicians. A man who stands against the tide and who will call a spade a spade. Perhaps a man like the Auditor General.
    or a man like Caswell….or like the Dipper.
    ….not often, approximately one in every thousand (according to a wise man 🙂 ),….it happens….

    But a woman with such balls….? Probably one every couple hundred years or so… Joan of Arc, Islandgal…?
    Rest assured that most women’s (the CPO’s) only decision is WHICH man she will obey….and it usually is the biggest bully….

    LOL – just a matter of time before Bushie converts Islandgal from the misguided influence of that softie husband of hers….

  35. @David
    The Nation newspaper said the J&LSC is headed by the CJ.The newspaper also said the appointment was made by the J&LSC.What is one left to accept.Who got the balls to set up big able people like that.W’appnin in buhbaydus nowadays.You think this could happen in GHA, EWB,JMGMA or HBS days?No way David.

  36. David

    Oh I see. Kentish made an Order subsequent to recusing herself but you won’t tell us what it was. And I had to ask twice to get that fudge? LAUGHABLE but TYPICAL.

  37. Typical west indian man MANDINGO crap from bushtea who will obviously train his sons and grandsons to be the village ram rather than the good father, once again resulting in females continuing higher education at 80 to 20 percent against our boys, resulting in idiots like kentish slipping through the system with her severe whatever complex. NOW DO U SEE THE DOMINO EFFECT. And am a female with four grandsons, why can’t men see they have a role to play in undoing some of the destruction in the community, particularly we u r in the majority??????????

  38. Caswell Franklyn “All it took for one person to reach one of the highest decision-making jobs in the Public Service was getting pregnant for a personal assistant.”

    That does not sound right. A personal assistant with power?

    • Hants

      Your question should have been, whose personal assistant, but I will not answer: do your own research. I will only tell Bushie but he would have to give me a call.

      Sent from my iPad



  40. Caswell wrote “do your own research.

    ” I don’t want to know who is involved..
    I just needed a” hint” “clarification” from you and that’s enough for me.

    This is the Question to the answer above
    WHO is Mackie Holder is the question to the other answer ?

    who Caswell think he is


  42. @Caswell
    I see the point you are making.Two wrongs don’t make a right.I see it too as egg on the faces of our judicial system.Seen laughing repeatedly in a big hat is comical and pure theatre.What is the bar association saying about this latest fiasco.Surely it is giving that body a “I told you so”feeling re the justice system about which they complain publicly.

  43. The REAL joke is that even the relatively enlightened here on BU have NO idea of exactly how pathetic and miserable our legal system really is… Most people just follow the advice of the Dipper and keep away – even as witnesses.
    It is so bad that it seems that those who operate above a certain level of professionalism choose to avoid the system like the plague…..

    Arthur used this to his personal and political advantage, Thompson decided that change could only come from outside (and obviously made the wrong choice), and Stuart will probably decide to appoint a commission to take some sort of action by 2018…..during phase 15.

  44. @Bush Tea | November 16, 2012 at 2:37 PM |
    “OK Islandgal, stop avoiding the issue…are you Miller…?”

    Is that how you treat a convert to the Bush Tea faith?
    I was brainwashed by you into accepting that all of this hope for fair play and justice is just a quest into misguided altruism and tilting at windmills in a field of false morality.
    “Vanity of vanities, saith the Preacher, vanity of vanities; all is vanity.”

    I had come around to the position that only by becoming a member of your BBE party that there would be radical changes and it would be a man’s world again once the brass serpent is held up to the Light and the Bush man would be apotheosised.

    I hate to become such an early apostate of your faith, Bushie, but unless you can stop being evasive and avoiding the issue of this BBE party I would have to go back on my recently acquired enthusiasm.
    What is this BBE party and who is the leader?

  45. @ Miller
    At the risk of being overly blunt, Bushie would ask you to stay with the BLP fraction with which you are currently aligned.
    ….in short you are not needed in the BBE party Miller. We already have a PRO. 🙂

  46. The mind numbing disgrace is giving anyone of these lawyers, magistrates, judges, chief justices or any public SERVANT a title and see how they immediately swell up with pompousness while looking down on those they serve. Then their biggest and only goal in life before they die is to wait for a title out of england that in their sick little minds finally allows them to be a somebody like a sir, madam, dame, knight, making me think that they thought of themselves as nothing before england chose to acknowledge their miserable and corrupt existence, this allows them to swell even more before they develop alzheimers and forget who they are and wat its about. PATHETIC

  47. I like to read and be quiet but Bush Tea has been on a roll recently. Don’t worry though I like how you call it as you see it and dont appear to be linked to either side B or D.

  48. IN AN UNUSUAL CASE, two British women who were raped in Barbados two years ago have not only secured legal representation for the man charged with attacking them but will appeal to a magistrate today in an attempt to help clear his name.

    lawd havest mercy.

  49. It will be interesting to see if Joe Jordan goes to prison.

    What is more interesting is if Joe is following advice from his lawyers.


    I am not implying anything. Just a Bajan vernacular to express disgust at the treatment of the accused and the humiliation of having to be saved by two white women while his Bajan peeps would have let him languish in jail.

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