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Eugene Melnyk Puts the Squeeze On Barbados Underground

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Eugene Melnyk - Photo credit: www.canada.com
Eugene Melnyk – Photo credit: http://www.canada.com

On the 6 December 2012, BU received a letter from Ontario counsel Mr Sean Campbell of the law firm DAVIES WARD PHILLIPS & VINEBERG which advised they are acting on behalf of Eugene Melnyk as follows:

Dear Sirs/Mesdames:

We are counsel for Eugene Melnyk.

It has come to our attention that Barbados Underground is disseminating information that is false and defamatory and that this is causing substantial damage to Mr. Melnyk’s business interests and reputation. Without limitation, Barbados Underground is disseminating an article entitled “Senators-owner Eugene Melnyk & Founder Of Biovail Charged With Fraud”, dated March 24, 2008 and comments related to that article. A copy of the article and comments are enclosed. Among other things, the article and certain comments falsely allege that Mr. Melnyk has been charged by regulators in Canada with accounting fraud. This allegation is manifestly false and defamatory. Mr. Melnyk has never been charged by any Canadian regulatory authority with fraud.

Our client considers this matter to be very serious. We have been instructed by Mr. Melnyk to demand that you immediately remove the above referenced article and related comments from your website. We further demand that you cease and desist from making or disseminating any further false or defamatory statements concerning Mr. Melnyk and from any other conduct that is damaging to Mr. Melnyk’s business interests or reputation. In the event that you fail to comply with this demand, legal proceedings will be initiated against you and any other involved parties without further notice.

Please contact me in the event that you wish to discuss this matter.

This letter is written under reserve of all our client’s rights and recourses.

Yours very truly,

Sean Campbell

BU has responded as follows:

Dear Sirs/Mesdames:

We have your letter dated 06 December 2012 sent to us via e-mail.

We note that the report that it complains of was taken directly from a report in http://www.canada.com and, for your ease of reference, can be found at the following link.  Our report credits and hyperlinks www.canada.com as to source and content. We note that the website is owned by CanWest MediaWorks Publications Inc.

We further note that this report continues to be posted online.

If you would be so kind as to advise us as to when (and if) the report of http://www.canada.com is withdrawn, we shall be happy to withdraw our report, until which time we continue to view our reporting of the http://www.canada.com report as of national interest to the people of Barbados and we so advise, by copy of this and your letter, WordPress. Additionally, we advise and copy the office of the US Secretary of State, who takes a very personal interest in attempts to unjustifiably muzzle or intimidate the blogs.

We recommend to you the 2011 Canada Supreme Court case of Crookes v Newton which, so far as we are aware, has not been overturned or set aside. BU carried a report on this case in which it hyperlinked to the Canadian Broadcasting Corporation. You will unearth it on our website at this link.

Please also be advised that we ourselves do not give way at any time to meritless intimidation FROM ANYONE. Accordingly, BU will be advancing this matter to our website a copy of your said letter to us and this, our reply to you.

We shall not respond to any further correspondence or proceedings from you in this matter. The bottom line is that if you produce to us hard and incontrovertible evidence that the hyperlink we have posted has withdrawn the report, we shall do likewise.

As a result of this letter from Mr Melnyk’s Ontario counsel, BU has browsed the Internet courtesy of Google and has unearthed the following references to the issue:

From these, BU ascertains that indeed Mr Melynk was NOT charged with fraud in Canada. But he WAS so charged, according to the comments of the US Securities Exchange Commission, in the USA for essentially the same offenses that the Canadian authorities did not charge him for, opting instead for lesser charges. If our justice system actually worked in Barbados, what charge would he have faced for the same thing here? No prizes for guessing.

The first of the Google-searched references above is an Order under section 127 of the Ontario SECURITIES ACT,R.S.O. 1990, c. S.5, as amended, which, inter alia, severely restricts the involvement of Mr Melnyk in certain activities related to securities in Ontario for a period of five (05) years as at 2011. For specifics, please refer to the Order above.

The second and third links are to the Globe and Mail newspaper and are most illuminating and we recommend them to our readers.

It is specifically noted that:

“Mr. Melnyk wrapped up similar legal matters with the U.S. Securities and Exchange Commission, agreeing to a five-year ban as a director or officer of a public company in the United States, and agreeing to pay $150,000 (U.S.) in penalties.”

It is noted that the same 5 year ban is in place in Ontario.

Wikipedia (as linked above) reports:

“In 2003 a Biovail trucking accident destroyed a shipment of drugs, and Biovail executives overestimated the loss. When the actual earnings were released, the loss was much lower and earnings were positive. This caused shareholder frustration and legal actions. Although the Ontario Securities Commission in Canada found that Eugene Melnyk didn’t violate any of the province’s securities laws in the way he handled an earnings warning at Biovail in 2003, on May 2011, the OSC settled with Eugene Melnyk; the settlement prevents his taking senior roles at public companies in Canada for five years and imposes a $565,000 fine. Earlier in the same year Melnyk had settled with the United States Securities and Exchange Commission (SEC), agreeing to pay a civil penalty of $150,000 US, and he had previously paid $1 million U.S. to settle other claims with the SEC.”

Mr Melynk is, of course, best known in Barbados as the owner of a disqualified Gold Cup winner. The horse was disqualified and stripped of its title when the presence of illegal substances were discovered in it post race. The matter was recently the subject of a Caribbean Court of Justice decision with Mr Melynk being represented legally by Mr Alair Shepherd QC and the Barbados Turf Club by Mr Vernon Smith QC and Mr Hal Gollop.

BU is advised that Mr Melnyk has not seen fit to return the Gold Cup trophy to the BTC, despite the disqualification of his horse.

BU has long declined to publish defamatory or needlessly damaging information on individuals and it takes only a reasonable and plausible explanation to BU as to why it should desist or withdraw a blog or comments. After all, the BU family are human beings as well and would do anything rather than cause unnecessary problems. However, when a matter is in the public interest of Bajans, as this is, BU will not give in to threats from anyone. The proposition that, although charged with fraud in the USA, Mr Melynk was not so charged in Canada and therefore the hyperlink has produced a situation where “Barbados Underground is disseminating information that is false and defamatory and that this is causing substantial damage to Mr. Melnyk’s business interests and reputation”  is disingenuous to an unacceptable degree.

The subject under discussion here on this report is the attempt by Mr Melnyk to suppress what is in effect a hyperlink to the www.canada.com owned by CanWest MediaWorks Publications Inc., specifically its article to be found here.

It has been noted in the past in other blogs the propensity of online publications to alter and/or delete articles. Therefore, BU has retained hard copies of the Canada.com article with date of print and reproduces same here as follows:

“Melnyk charged

Canadian and U.S. regulators slapped Biovail Corp. founder Eugene Melnyk and three company executives with charges of accounting fraud, saying they misled investors about the pharmaceutical company’s financial results.

March 24, 2008

Canadian and U.S. regulators slapped Biovail Corp. founder Eugene Melnyk and three company executives with charges of accounting fraud, saying they misled investors about the pharmaceutical company’s financial results.

The U.S. Securities and Exchange Commission said Canada’s biggest publicly traded drug maker agreed to pay $10 million US to settle charges against the company.

But the stock market regulator said it will press on with its case against Melnyk — the billionaire owner of the Ottawa Senators hockey team — as well as Biovail’s former chief financial officer Brian Crombie, its current chief financial officer Kenneth Howling and controller John Miszuk.

“Biovail and senior executives engaged in a pattern of systemic, chronic fraud that impacted its public filings of quarterly and annual reports over the course of four years,” Mark Schonfeld, director of the SEC’s New York regional office, said in a statement. “In an effort to conceal the fraud, Biovail’s senior officers intentionally misled the company’s auditors and the investing public, showing their complete disregard for their responsibilities to shareholders.”

Meanwhile, the Ontario Securities Commission also announced that it has slapped the four men with regulatory charges over allegations they misled analysts and investors.

None of the allegations has been proven.

Updates to come.”

BU’s position is that it has committed no defamation in hyperlinking to the article. BU has since removed comments only in so far as they relate to Mr Melynk’s private life, as these are intrusive and irrelevant. By the way, the original hyperlink was posted to BU in 2008 and received 10 comments only and scant attention.

As has been clearly demonstrated in the past, BU will unhesitatingly side with any blog on which bully boy tactics are attempted, even if it is Barbados Free Press (BFP) – indeed, on the sole occasion that BU did take up cudgels on this issue – it was on behalf of BFP, believe it or not. Reciprocation is, of course, not anticipated.

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  1. kiki Avatar
    kiki

    Legal WITHOUT PREJUDICE bull crap DAVIES WARD PHILLIPS & VINEBERG the BAD PUBLICITY is not worth the dirty money back off back off let the breeze cool me off

  2. ac Avatar
    ac

    what kind of lawyers them. Fiddle dee and fidddle dum. boy did they take melkyn for a ride;

  3. Observing(...) Avatar
    Observing(…)

    It is indeed a new world, with new vistas and new channels. IF only the old guard would recognize that and act to suit.

    @David
    With great power comes great responsibility. May the good you have started continue…and may the power it gives many of us never corrupt but continue to grow for the greater good.

    Peace.

  4. Pachamama Avatar
    Pachamama

    @ David
    We think it is time to prepare for war as we refute these unfounded allegations by this Melnyk character. Further, we all must stop the lip service about BU as our medium and build a war chest to engage any villain who seeks to exact unwarranted concessions from us. Let put our money where our moths are. We are all in!

  5. Simple Simon Avatar
    Simple Simon

    Dear David:

    “Additionally, we advise and copy the office of the US Secretary of State, who takes a very personal interest in attempts to unjustifiably muzzle or intimidate the blogs.”

    Does BU get funding from the U.S. Secretary of State?

    JUST ASKING

  6. Simple Simon Avatar
    Simple Simon

    Dear David:

    Is Sean wet behind the ears?

  7. David Avatar
    David

    @Simple Simon
    See the resume of Sean Camphell, a Partner at the firm:
    Sean Campbell is a partner in the Litigation practice. He has worked on a number of multi-jurisdictional commercial litigation, securities and class action cases before the Supreme Court of Canada, the Ontario Court of Appeal, the Ontario Superior Court of Justice, the Ontario Securities Commission, the Québec Superior Court, the Québec Court of Appeal and the Competition Tribunal.
    Sean finished first in his graduating year of law school and was the Gold Medalist, awarded for the highest standing in the combined LL.B./M.B.A. program.
    Representative Work

    Acted as counsel for Eugene Melnyk, the founder of Biovail and the owner of the Ottawa Senators, in lengthy enforcement proceedings before the Ontario Securities Commission, as well as in parallel proceedings in New York involving the Securities and Exchange Commission.

    Acted successfully for BCE Inc. and Bell Canada in an appeal before the Supreme Court of Canada in the landmark case involving the proposed $51.7 billion privatization of BCE and the attempt by certain holders of debentures of Bell Canada (BCE’s subsidiary) to prevent court approval of the transaction on the basis that the transaction failed to properly protect their interests. In a unanimous decision, the Supreme Court of Canada reversed the previous decision from the Québec Court of Appeal, rejected the claims made by the debentureholders, and restored the trial judge’s approval of the transaction.

    Acted for a subsidiary of Magna in defending an oppression application brought against it before the Superior Court of Justice and the Divisional Court.

    Acted for Pershing Square Capital Management LP and other institutional investors in Sears Canada Inc. in connection with their successful efforts to oppose Sears Holdings Corporation’s insider bid and related efforts to squeeze out the minority shareholders of Sears Canada, including proceedings before the Ontario Securities Commission and the Ontario courts.

    Acted for Coventree Inc. in a 50 day hearing before the Ontario Securities Commission in relation to the Canadian asset-backed commercial paper market.View All

  8. Carson C. Cadogan Avatar
    Carson C. Cadogan

    Just take down the article.

  9. Check-This-Out Avatar
    Check-This-Out

    The quotes below are cut and pasted from a report on the findings of the Ontario Securities Commission in a case against Coventree Inc.

    at http://www.canadiansecuritieslaw.com/2011/11/articles/continuous-timely-disclosure/osc-finds-coventree-abcp-disclosure-deficient/

    “OSC finds Coventree ABCP disclosure deficient.”

    “Ultimately, the OSC found that while Coventree did not breach disclosure requirements with respect to its prospectus, the company did fail to disclose material changes to its business that occurred in early 2007 and during the August 2007 disruption in the ABCP market.”

    “In light of the OSC’s findings, on November 8, the Commission ordered Coventree to pay an administrative penalty of $1 million and costs of $250,000.”

    Given that Mr. Sean Campbell failed to disclose in his resume that the OSC found against Coventree Inc. for whom he acted, could it be said that disclosure in Mr.Campbell’s is deficient?

  10. Amused Avatar
    Amused

    @David. You have done exactly the right thing. They have no case whatever against you for defamation. And if they brought such a case, the difficulties they would encounter in first finding the BU executive, second (if they managed to find the executive, which I doubt they would) enforcing a Canadian judgement in Barbados (always provided they could get it heard by our courts in under 20 years) is MASSIVE. They cannot claim defamation in the States where the accusation of fraud WAS made. And frankly, in imitation of the Canadian system, they would have to retry the matter in Barbados with full discovery and prove that, under Barbados law, Melnyk had not committed fraud.

    So who in their right minds would choose to stir up a hornets nest on largely forgotten matters? Honestly.

    As for Mr Campbell in Toronto. Honesty forces me to explain that he is not really at all to blame and, in this case, would be acting on instructions passed to him by the client through the corporate practice section of his firm. This is a large law firm and, like most large law firms in the States and Canada and even, to a certain extent, the UK, it has practice areas. Corporate is king of the castle, because it brings in the most money by far with little overhead expenses. Litigation, on the other hand, is the bottom of the heap as it is very expensive to run and does not produce the same sort of income by any means. These law firms would, if they could, do away with their litigation departments. But then they run the risk of having to send the client to another firm that does have a litigation department and watching that client’s corporate business probably disappear to that other firm. What I am saying is that there is one villain in this piece – and that is the person who gave the instructions, not the counsel who acted on them.

    @Observing. A wise and just prayer to which I say “Amen”.

  11. Amused Avatar
    Amused

    @Check-This-Out | December 10, 2012 at 9:50 PM | Sir, with the greatest respect, I have to take exception to your referenced comment. You will note from Mr Campbell’s resume that in the case of Coventree he states simply that he represented them. He does NOT state that he represented them successfully. Indeed, it would appear that only one of the cases cited by his CV and reproduced above, was successful. “Acted successfully for BCE Inc. and Bell Canada”.

    This is the usual practice by counsel. For, to fail to provide the names of high-profile cases in which they have not succeeded, but only the ones they have won, would be less than frank. At the same time, you cannot expect them to cite these cases and then add the wording, “and I got trounced.” So a somewhat more subtle way of conveying this is in order.

    I hope you take my point.

  12. Bush Tea Avatar
    Bush Tea

    @ David
    Skippa, you is a boss!

  13. Brudah-Bim Avatar
    Brudah-Bim

    I wonder how much ground these people really expect t cover within Bim’s legal scope. We are a sovereignty, and seeing how the evidence was posed by B.U., he is within his every right to depict the current legal fall-out that Melnyk is currently facing. If anything, Melnyk’s team should be taking up qualms with the Canadian-American sources if they truly wish to pin anybody with Libel/Defamation. I find it a bit reckless (if not abrasive) on part of the instigator of this legal motioning to single out a Blog of little global significance such as that of B.U. We are a fairly small following (though admittedly, growing); and the response of Melnyk to threaten legal action speaks to the level of effectiveness collective grassroots discourse. We are seen as a threat because those in power and who wishes to keep it are starting to notice that Bajans are fed up with this two-bit shit-system falsely labeled a “democracy”. Let it be known that since the commencement of our Parliament in 1639, there has been nothing “democratic” about this nation. Our socio-economic paradigms bears testament to such a truth.

  14. Brudah-Bim Avatar
    Brudah-Bim

    For thorough change to occur, it must start from the ground, up; from within, not without; it must be an intrinsic force and not an extrinsic one; and most of all, it is legitimized by the chronic longing and demand for it. Otherwise, real change can never truly come about if the shots are being called by those already in power.

    Look no further, and it doesn’t take a genius to figure out that the “independence” granted to Bim was on strictly British terms. Technically, we are still a member of the “British Realm”, with a governor-general to prove it. Bim didn’t gain her “independence” from Britain for she would: 1) Have had a national referendum and a series of forceful public demonstrations similar to the ones in Ghana or Nigeria demanding independence; and 2) being that Barbados would be a REPUBLIC, and NOT a COMMONWEALTH…

  15. Brudah-Bim Avatar
    Brudah-Bim

    I am certain that the courts of Bim will see this as nothing more than a baseless charge aimed to intimidate and target public dissidents. Its a rather weak and blatant one at that….

  16. Hal Austin Avatar
    Hal Austin

    David, the internet has changed the defamation game. There is libel tourism and they can bring charges in any jurisdiction with access to the internet. If it is done in print he will have to bring allegations in Barbados.
    Take down the article. We your readers know what we know.
    Just leave the links under his name.

  17. Bush Tea Avatar
    Bush Tea

    @ David
    Man don’t take down one Sh… (thing).
    This is a new world, those old foolish rules which facilitated the fraud and graft that we are now fighting is what got us into this mess in the first place.
    Don’t mind the lotta mice talking bout backing off because some crook get vex…. LET HIM SUE. That would then raises BU up to the GLOBAL STATUS that your professionalism DESERVES.

    🙂 Besides if they shut down BU it is then they will smell some shoite with “Bush Tea at Large” …. Bushie ain’t got the lotta patience like David…

    What sue what?!?

    In the new world, the answer to allegations and alligators is to PUT YOUR SIDE OF THE STORY.
    IT IS CALLED OPENNESS AND TRANSPARENCY.

    The lotta thieving, fraud and bribery will only stop when all such allegations are aired and properly disposed of.

    If this joker has some kind of plausible explanation, instead of going to the courts where the crooked lawyers and judges are able to hide the true facts with long winded technical rulings and arbitrary decisions, he would simply EXPLAIN HIMSELF.

    ….besides, this lawyer looks and sounds like some kind of half wit sap…. 🙂 Bushie never even noticed the story till he complained….

  18. David Avatar
    David

    @Hal

    The article stays until the source link is removed or WordPress says otherwise.

  19. Amused Avatar
    Amused

    @ Brudah-Bim. With great regret and much respect, I have to disagree with you and agree with Hal Austin. BUT, I only agree with Hal in so far as in internet defamation cases, the cause of action arises in the jurisdiction in which the damage is caused. In other words, if the damage from a Barbados new outlet is caused in Canada, Canada is the jurisdiction for the action. HOWEVER, Brudah, I deplore Hal’s lack of testicular appendages. And I agree with Beau Brommell Bush III completely. This is not colonialism, but the consensus of most nations – but I appreciate and understand your ire and, to an extent, share it.

    The difficulties facing such an action in the Ontario jurisdiction is, first, to overcome the cited ruling of the Canadian Supreme Court. Next, to determine who to sue. Next, to prove damage above and beyond that which Mr Melnyk has already done to himself, which I contend, is very difficult. And if all this comes to pass, any order given by the Ontario courts would have to be enforced in Barbados and that means that the entire case would have to re-tried in Barbados so that the courts could determine that they are enforcing an order that ought to be enforced in the first place.

    My feeling, which may be right or wrong, is that if BU surrenders to these completely out-of-order demands that look to me very much like a David and Goliath situation – and we should remind ourselves what happened to Goliath – and to David, then the whole function of the blogs becomes a nullity and loses all credibility. Which may well have been the intent.

    In the circumstances of anonymous blogs set up to correct wrongs and give voice where the press is effectively a pawn or in the thrall of, political grandees with ever outward-stretched palms waiting to be greased by big bucks, they do not have the bottomless pockets to fight meritless legal actions through the courts. Therefore, they use the ammunition that they have – anonymity and the means to publicize the attacks on them and name and shame the attackers. The alternative is to lie down and play dead

    But there is a caution to be issued there and I can say it no better than my friend, Observing, who I quote:

    “With great power comes great responsibility. May the good you have started continue…and may the power it gives many of us never corrupt but continue to grow for the greater good.”

    If I were you, David, I would adopt Observing’s words as a banner for BU. Just a suggestion.

  20. Sargeant Avatar
    Sargeant

    @David
    You can be sure that the counsel has also tried to get those responsible for the source link to remove it but they have deeper pockets and lawyers prepared to fight so they are going after what they consider “soft” targets but eventually they will go after the source link. Incidentally many private citizens with meagre resources are exonerated after being charged with a criminal offence and some try to get reports of the charges removed from the Web but they face an uphill battle.

  21. Green Monkey Avatar
    Green Monkey

    Are there plans afoot behind the scenes to introduce internet censorship in the UK? FYI, the Leveson Inquiry mentioned below is the official inquiry headed by Lord Justice Leveson into the recent UK police corruption and media phone hacking scandal.

    You can be sure if internet censorship were to be introduced int the UK, it would be used by politicians in other countries as a precedent to engage in the same practice in their own fiefdoms.

    “Leveson Is Going To Set You Up” – Source Inside Leveson Inquiry Tells Ben Fellows
    December 11, 2012

    21st Century Wire says: This brief article by Ben Fellows was published this weekend on Before It’s News, and offers a clue as to the what Leveson was all about – not just the regulation of the Mainstream Press, but more importantly, Leveson’s legislation and proposed system of statutory fines will now attempt to extent its control over the independent and online media in the UK, and perhaps in the near future, even further afield. So according to this article below – it appears that their is a major state censorship agenda in play already, being organised behind closed doors…

    Before It’s News
    Ben Fellows

    The prank call by Australian radio presenters who got a condition report from the Duchess of Cambridge’s nurse by pretending to be the Queen and Prince Charles proves the need for new privacy laws, Lord Justice Leveson has said.

    However, I received a disturbing telephone call this afternoon from one of Lord Justice Leveson’s key advisors. I should note before continuing that due to the fact that Lord Justice Leveson has gagged his own people from speaking out, I will not be naming my source from within his own camp, under any circumstances. I’m just going to lay out my conversation with my source and include as much information as is pertinent…

    The source stated that “because you have written articles about Ken Clarke on the internet making serious allegations of sexual assault. Leveson is going to set you up saying that you are indulging in gossip on the internet to discredit a senior member of parliament.” he went on to say that “Once you and the bloggers who published your articles have been dealt with in the press, then the government will rush in new laws to deal with censorship of the internet. In other words you’re going to be the poster child for internet censorship.” my source said. “This is all happening so that the government can bring in, what appears to be from the public point of view, legitimate press censorship – but of course it isn’t.”

    More at:
    http://21stcenturywire.com/2012/12/11/leveson-is-going-to-set-you-up-source-inside-leveson-inquiry-tells-ben-fellows/

  22. Pachamama Avatar
    Pachamama

    @ David
    We trust your judgement in this matter and are prepared to help with cost if necessary. Cowards like Hal Austin will always genuflect will white people crack a whip. We can no longer show fear to these imposters. Austin’s greatest failure is that he cannot see the connections between what this convicted criminal is trying to do to us and what a plutocratic criminal government in the USA is trying to do to Julian Assange. No compromise – no retreat.

  23. Pachamama Avatar
    Pachamama

    @ David
    Please ignore people like Hal Austin for the world that fashioned him will soon go the way of the dinosaurs. Please consider that if we compromise, retreat or surrender to these people we could set a precedent in common law and practice that will be to our determent. Such an action will be cited by others and will eventually snowball into a broad assault on citizen journalists and bloggers everywhere. It will represent a betrayal of Jullian Assange, whistle blowers like Bradley Manning and will weaken the peoples’ information/communication revolution that we seek, on one hand. On the other, it will strengthen the oligarchic forces in the achievement of the goal of a big brother society where all of our information comes from one source, 1984 style.

  24. Bush Tea Avatar
    Bush Tea

    @ David
    Bushie admires the poetic language of Observing; the legal exactitude of Amused and the fighting spirit of Pachamama.
    …but to a bushman there is ONE SIMPLE RULE?

    IS IT RIGHT AND RIGHTEOUS?
    …if not, then we give way and apologize…
    ….if yes, then frig whoever….. You did not adopt the name David for nothing, nor did you take up this fight because you are afraid of losing a fight here and there….

    Even if we lose a little skirmish ….so what, we will win the final battle.

  25. David Avatar
    David

    Thanks for all the support publicly and privately expressed. BU as you know is defined by the contributions all of you make.

  26. Pachamama Avatar
    Pachamama

    @ David

    Remember that you exist in a country that gives a lot lip service to concept like financialization, globalization and such like. These notions of connectedness are experienced, first hand, by only a few. That you and BU (We) have found ourselves in the cross-hairs of threats from a law firm that might appear to the uninitiated as a Goliath, those of us who have existed at the centers of the Beast know that we can find such firms at a dime a dozen. To us they come with the territory. Some of us have even gone up against them, in their courts, without counsel and have prevailed. However, we are not necessarily suggesting this in this case. We tend to perceive that you may have another model. Suffice to say that in the local culture people tend to revere lawyers and generally believe that this profession has some kind of supernatural intelligence that other lack – we have long abandoned that misguided notion. In short, because they seem convince that they can frighten us that is no reason for us to buckle to illegitimate demands.

  27. David Avatar
    David

    @Pacha

    You are correct of course and it explains why the Texan billionaires et al are welcome with open arms in our neck of the woods. Many locals start with an inferiority complex, there is the intimidation factor which deep pockets bring and also the absence of deep philosophical moorings which guide day to decisions.

  28. Amused Avatar
    Amused

    @Pachamama | December 11, 2012 at 12:58 PM | . You are correct in all you say. What pisses me off is that these lawyers KNOW that they have no credible case. To quote one of Her Majesty’s counsel for Barbados, “They know they are up a gum tree.”

    @Bushie. Right to the heart of the matter, as always.

  29. Pachamama Avatar
    Pachamama

    @ Amused
    This is the nature of the beast. They continue to take more and more of what is the public domain (the commons) and when circumstances arise where the people can have any semblance of freedom they ask for more and more. Where will it end? Are you to accept fudalism again? This SOB thinks that because he has a few dollars, he can trade on the institutional fear that exist in Barbados, while operating under the rubric that he brings foreign exchange to f–k with our rights.

  30. BAFBFP Avatar
    BAFBFP

    Austin din say nuttin’ offensive …

    This is a hell of a lotta reading for me though, stupse and all the man gotta do is return a flippin’ Gold Cup …

    Look, Lawyering is about sounding dangerous and threatening. It is a practice that they ALL engage in. It is not a big deal. David you luvs research, my God … You like you don’ sleep … HA HA HA. I am glad there are people like you in this world.. makes it a safer place

    What I find uncomfortable though is Greeny’s contrib … Green Monkey yah lie … or at least I hope so …!

  31. BAFBFP Avatar
    BAFBFP

    The US Government forced a run on BCCI by referring to it as a “gangster’s bank” and forced its closure within weeks, costing tax payers and consumers in Barbados and just about every other Third World Government in the world billions of dollars. It was an Arab bank that preferred NOT to be answerable to the US Government if it was called upon to “freeze” any of its clients’ accounts, as the other world banks are obliged to do.

    HSBC has admitted “passive” guilt to money laundering and is fined a mere 1.9 Billion, a drop in the bucket for a bank of that size. HSBC is a compliant bank, one of the prime traders of new US currency, so its treatment is different to that of BCCI and the President of a third world country Gen. Manuel Noriega who was dragged before a kangaroo court and jailed for twenty years (and is still in jail in his own country that is now lead by US puppets). My friend the Anti-American like he beginning tah mek sense to me …!

  32. Pachamama Avatar
    Pachamama

    @ BAPBFP

    We want to see the colour of your money. Talk is cheap! LOL

  33. BAFBFP Avatar
    BAFBFP

    Pacha

    You ’bout offering to finance law suits … Wait I could use some ah dat money. I in the process of closing with a bank for a small amount, a couple hurn’ thousand, I could turn to you fah a help out …? Ha Ha

  34. Pachamama Avatar
    Pachamama

    @ Baf

    No. We should be about defending freedom, at any costs!

  35. BAFBFP Avatar
    BAFBFP

    PAch I hope you read what Greeny put up … Looks like this freedom thing really got a shelf life, hear

  36. Pachamama Avatar
    Pachamama

    Baf we read what greeny put up, but we don’t have to wait on greeny. We’re at the forefront of the battle for internet freedom, independent media and citizen journalism.

  37. David Avatar
    David

    @Baffy

    Please note that the BU household is comprised of several dedicated individuals all with diverse backgrounds.

  38. Pachamama Avatar
    Pachamama

    @ Baf
    Far from worrying able legal bills we should go on the offensive because this shader character must have some skeletons in his closet. There may be a more substantial reason that he is trying to protect using a straw man attack on BU.

  39. Pachamama Avatar
    Pachamama

    Could you imagine what would happen if the BU crew could bring this sucker down with an exposure of information?

  40. Amused Avatar
    Amused

    @David. I have had this issue on my mind all day. How would I have handled it if I had been charged with the job of having this “publicity” withdrawn? My instinct would have been to NOT threaten, with all those “reservation of rights” statements which are taken as read in the first place UNLESS you specifically waive them. And since there is no waiver, why the hell put them in, unless it is the purpose to show your client just how big and bad you are and intimidate the person to whom the letter is directed? The sort of cowboy tactics so beloved of certain members of the Law Society of Upper Canada. And that those tactics are on the increase even here in Barbados is evidence of the increasing ambulance-chaser mindset that is filtering in from North America.

    I would have sent a simple, polite e-mail, not an official letter by attachment to an e-mail. I would have explained that my client had not actually had to face allegations of fraud in Canada and that you would be obliged if BU would see its way clear to take the hyperlink down, as my client was reporting that it was causing him business problems and, in any case, the matters they discussed had been determined by the relevant authorities. Could BU therefore manage to accommodate my request and remove OR ALTER the blog. I would have added that I was in contact with the people at CanWest MediaWorks Publications, asking that they too kindly remove their post or alter same.

    I would NOT under ANY circumstances (especially these circumstances) write to a blog like BU in Barbados on behalf of a man who is holding on like grim death to the top Barbados racing trophy of a horse that was disqualified for drugs, threatening one damned thing. I would view that as an invitation to rumble and I would not be surprised if the blog responded by cutting my backside, as has happened in this case.

    The arrogance is mind-blowing.

  41. BAFBFP Avatar
    BAFBFP

    NO. The arrogance is NOT mind boggling… It is simple lawyering, which is generally IGNORED …!

  42. BAFBFP Avatar
    BAFBFP

    David and Pacha

    I see the web-sites as political parties, ghost entities with no legal physiology (can’t put it any better right now). If expose is the only weapon at your disposal and you are prepared to go on the offensive, well, I just feel that you could chose a better and brighter target …

  43. Pachamama Avatar
    Pachamama

    @ Baf

    OK. But others may opt to employ other strategies. For example, these people might wake up one morning and find that all they money has been donated to the red cross. LOL

  44. BAFBFP Avatar
    BAFBFP

    Ha ha ha … The Red Cross/C resent is good enough by me …

  45. Candid Avatar
    Candid

    When I first read this blog, and read the comment by Carson C. Cadogan | December 10, 2012 at 9:29 PM | to “Just take down the article,” I couldn’t agree with him more. But as I gave this story more thought, I had second thoughts.

    First, this story is 4 years OLD. Why did the attorney waited all these years to threaten? Does BU know if the attorney is also going after canada.com, canada broadcasting corp, etc.

    It seems to me that every once in a while, and when BU may think every thing is going smoothly in terms of its blogging and the comments, there is someone who attempts to ruffle BU feathers.

    I hope this issue dies quickly.

  46. Bush Tea Avatar
    Bush Tea

    DIE?!….Bushie hope that he sues.
    The Bushman can see the BBC/CNN news now

    MELNYN SUES BU DAVID FOR BLOG LINK OVER ARTICLE (See link) Pachamama and Bush Tea contributes $100 each to BU’s defence. Amused to represent David pro bono.

    BU hits rises to 1.5 billion in two weeks
    Bush Tea becomes the most admired old miserable blogger, and is forced to choose between Islandgal and Rihanna…..

    Later….
    …investigations reveal that Melnyn was secretly employed by BU as a PR consultant…… 🙂

  47. Pat Avatar
    Pat

    Imagine it. I live up here and did not know all the details. Heard it in the news but was not interested. Now, because of this lawyer, who not even as smart as our Amused, I can read all the salient facts. It took him a whole four years from publication to write and demand one does as he wants. Talk about waving a big stick. It will come to nothing.

    I am going to forward this link to all the Bajans I know here in Ottawa, who I am sure are not aware of these deeds done, and fines paid, by said Melnyk. Cheupse.

  48. lawson Avatar
    lawson

    You have to give Mr. Melnyk some slack since the ottawa Senators are not playing he may have extra time on his hands to read old stories. He does many nice things around Ottawa so I am sure he wouldnt even have hired that horse if he had known it was a drug addict.

  49. BAFBFP Avatar
    BAFBFP

    Wait Lawson if you know the man tell he to give the damn’ cup back and all this shite will just stop. (Secretly I ain’ want Bush Tea get he hands pun Rihanna nor Island Chick nor Pat before me … HA HA HA)

  50. Hants Avatar
    Hants

    Pat wrote “because of this lawyer, who not even as smart as our Amused, I can read all the salient facts.

    I have been trying to understand why a miniscule entity like BU (compared to the Canadian media giants) would be targeted when the same information is available elsewhere.

    If I was David I would remove the contents of the blog as requested by the Canadian Lawyers.
    But leave the letter from said Lawyers on the blog just to show the world that BU and its contributors are really “smart”‘

    You cannot be sued for posting the letter sent to you.But check wid Amused cause I ent nuh Lawyer and wid Bushie cause he cuh read between de lines.

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