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The following is a critique of the Alexandra Inquiry matter by Senior Law Lecturer at the University of the West Indies Jeff Cumberbatch and a BU family member.

Senior Law Lecturer Jeff Cumberbatch - reproduced from the Barbados Advocate - 04 October 2009
Senior Law Lecturer Jeff Cumberbatch – reproduced from the Barbados Advocate – 04 October 2009

There is an English equivalent, but the French, in their own inimitable way, put it so much more elegantly: โ€œPlus รงa change, plus la mรชme choseโ€ โ€“ the more things change, the more they remain the same. This might have been the exact sentiment of more than a few objective bystanders after the public release of the report of the Waterman Commission of Inquiry into the Alexandra School. From all accounts, those who were, before the report โ€“ see WATERMAN REPORT, in favour of the censure of Mr. Jeff Broomes, the principal, for his alleged misdeeds, now feel a sense of vindication by the report that has recommended, inter alia, his โ€œseparationโ€ from that institution. On the other hand, those who were firmly in his corner previously and of the view that he had done nothing wrong, have chosen to reject the commissionโ€™s findings in that regard. These opinions are to be expected. But what of the report itself? Has the commission really achieved its objective after the comparatively substantial sums spent on its production?

First, we have to appreciate the limitations of a Commission of Inquiry. Already cribbed, cabined and confined by the provisions of the statute under which it is constituted and by its stipulated terms of reference, the commission is not in itself a punitive body, even though it does have power under section 15 of the Commissions of Inquiry Act, Cap 112, to report certain forms of procedural misconduct during its deliberations to the High Court, which may inquire into the matter and, after hearing the relevant evidence punish the offending individual as if he or she had been guilty of contempt of the High Court.

Read full report in the Barbados Advocate


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  1. BU has been getting excuses from those who have the Waterman Report in hardcopy that it is not available in softcopy. One would have thought the BLP side would have scanned the report by now to make it available to taxpayers who paid for it.

    Based on what BU has been hearing, the report solved nothing.


  2. the article seems to be implying that a separate inquiry by the PSC would be relevant in making a final decision than having to rely on the commisioners report. so what if the PSC findings are in agreement with the commisiioners . then what?it seems to me that the advisers of broomes are going to delve into every nook and cranny to prolonged the inevitable the separation of Broomes . this might just end up in civil court hinging on “Civil Rights” however a case which would involve a persons” humanrights” aswell.


  3. @ac

    You need to reread Jeff’s excellent article and take of your blinders.

    On 2 December 2012 13:27, Barbados Underground


  4. In case you missed one of the points of the article, why have an Inquiry if the Public Services Commission is the sole authority to act in this matter? Also to what extent has the Inquiry constrained the PSC in reviewing evidence already given.

  5. Carson C. Cadogan Avatar
    Carson C. Cadogan

    A friendly reminder,

    The Democratic Labour Party Meeting
    This evening at the SSt. Leonardโ€™s Secondary School

    Sunday December 02, 2012 at 4.00P.M. Sharp

    FEATURED SPEAKER

    OUR PRIME MINISTER
    HON. FREUNDEL STUART QC MP

    Other Speakers:
    Michael Carrington MP
    Chris Sinckler MP
    Dr. David Estwick MP
    Michael Lashley MP
    Dr. Ester Byer-Suckoo MP
    James Paul MP
    Patrick Todd MP

    TEAM DLPโ€”โ€”โ€”โ€”โ€”SECURING BARBADOS FOR YOU
    JOBS______________GONE WID OWEN

    Live Video streaming

    http://www.dlpbarbados.org


  6. no david i did state that the inquiry seems to be irrelavant “if” as the article stated the final solutions would be in the hands of the PSC.no politics here .


  7. @ac

    If we accept that the PSC is the arbiter in law for this matter then it means the Inquiry was irrelevant and therefore your original statement as follows ” it seems to me that the advisers of broomes are going to delve into every nook and cranny to prolonged the inevitable the separation of Broomes” is mischievous.


  8. To be clear on this matter Jeff is echoing what many have voiced on BU months ago. Here is a blog from Caswell on the same matter of Commission of Inquiry trumping the PSC.

    http://bajan.wordpress.com/2012/05/14/commission-of-inquiry-rule-of-law-what-a-joke/


  9. o.k. if one reads caswell submission one can agree given the simplicity of the findings as suggested by Caswell. however the Alexander issue is more complicated and complex and involves governance of the education system .the complexities did indeed call for an inquiry ,while PSC might only have dealt with the jeff broomes and teachers problem and not the deep seated and prolonged challenges hidden beneath the surface, it was not only about jeff broomes but the education system in in general


  10. @ac

    Do you recall what was the instrument given to Waterman?


  11. david read the findings and recommendations they go way beyond JEFF BROOMES he was the catalyst that spawned the matter, giving sufficient reason that the education system was broken and in need of radical repair . one can keep harping on the jeff Broomes issue but the complexties of it all was sufficient and justified to having an inquiry.wherby the PSC might have only scratched the surface still leaving many burning issues unresolved until a similiar occurance happen again.


  12. @ David .
    You have not critically assessed Mr Cumberbatch’s article ; you seem to think that a Commission of Inquiry is set up for the sole function of the disciplining of a public officer . If that were the case then you would be justified in asking your question ” why have an inquiry if the PSC is the sole authority to act in this matter ? ” You must consider the principal function of a Commission of Inquiry set up under the Statute as a vehicle for the improvement of public administration . Read The article again and you would see that the success of a Commission does not depend on whether the findings of the Commission can lead to somebody being punished by the PSC .


  13. @ac

    To make a long story short and to support the point that the PSC has the final say in allocating personnel, how is making this part of the remit of the Commissioner Waterman going to help if as Jeff Cumberbatch has opined, it may well prejudice the inquiry of the PSC?


  14. It is NOT that the PM is versed in labout law and the constitution, all this proves is that Broomes has some very powerful friends and when one is playing to the gallery as politicians do (its either the gallery or the White shadows, the rest of the Bajans could fly in hell …) the Commission of Inquiry is always the way to go since the individual at the centre is virtually spared from a real prosecution and the PM appears as though he is doing something. Any PM that is guilty of wasting tax payers money on a Commission of Inquiry should be removed as head, either internally or at a national level.


  15. @BSTU Member

    It seems you too have missed the point. Why should the Commissioner have had in his remit to make recommendations about Jeff’s allocation when it is the PSC with sole authority to deliver such? What about the point Jeff has made regarding the PSC’s path to collecting evidence restricted by the Commissioner’s own effort?


  16. ,,THE PSC have rules and guiidlines to follow in respect to JEFF BROOMES.there is where Caswell is right. So jeff cumberbatch might also be having a problem with the rules and guidlines as set out and be directed by PSC many of which Broomes have broken.


  17. nobody is missing the point. it seems you have regulated the alexander problem to only Jeff BRoomes when the totality is the EDUCATION SYSTEM and the PM had the foresight to see where this problem could lead to in the future if not caught and put an end to permanaently and not by piece meal approach. the PM is wise in his approach not waiting for another AX to happen under a different disguise


  18. @ac

    The point is the issue of Jeff has to be dealt with by the PSC Commission or not!


  19. all the issues laid out have to be addressed by the PSCas recommended. however the point missing here is that the PSC might have limited the inquiry to only JEFF BROOMES.whereas with the commission other issues were laid out and given preference.


  20. It may seem that the PSc had its chance, the Min Lab and the Min of Education had their chances and they ALL sat on a result. They should ALL be put on leave …!


  21. @ac

    Are you saying that in order to disciple Jeff Broomes relevant laws have to be amended first?


  22. Maybe more clarification for future .


  23. David wrote “Based on what BU has been hearing, the report solved nothing.”

    Business as usual in Barbados.

    Start with the facts.

    teacher refused to teach a class but still has a job.

    Principal and Ministry of education does nothing for a whole term.

    Minister of Education does nothing.

    WTF is wrong with these Educated privileged Bajans who are supposed to “run tings”?

    Last but not least Taxpayers pay for a useless exercise called a comission of enquiry. Should be called an Omission of Equiry.


  24. @David. While I do not disagree with anything that Jeff has said (how could I, as it is correct and well-founded) may I respectfully suggest that we ought to start by addressing the remit of the Commission. Then stating if or NOT the remit has been addressed and met.

    My view is that it has NOT BEEN MET!! That is the most important point as, if it has not addressed its remit, then there are legal recourses available and maybe the Barbados electorate might appreciate knowing what these are.

    Also Jeff says, โ€œAnother relevant limitation on the commission of inquiry process is that, according to section 13 of the Act, no evidence given by a witness to an investigatory commission may be used against him or her in any subsequent trial or in any criminal or civil proceedings other than a prosecution for perjury in giving that evidence.โ€ This is true and I was highly amused by it and I had to wonder if Jeff was being subtle. Perjury was irrefutably proven against two parties. BU obtained and carried the statement of Mr Vernon Smith QC to the Commission. Yet the Commissioner ruled that the ladies did not mean to lie, or some such garbage of the calibre of the Commissionerโ€™s moronic โ€œpitching marblesโ€ statement. A judicial review, if applied for, would almost certainly reach a different conclusion.

    So, what are the options?

    EITHER the government (and relevant agencies) will ignore the Report and its recommendations, on which it has spent $600,000 of the taxpayersโ€™ money, hoping that everything will blow over in the fullness of time;

    OR the government will attempt to implement the recommendations and face: (a) an application for judicial review (which will almost certainly see the report set asideand heavily censured); (b) an action from Mr Broomes and his union (which Mr Broomes et al will almost certainly win); and (c) ongoing publicity, with students demonstrating with placards supporting their headmaster, for the edification of the local and international press.

    And given the choices, which do YOU think the government will do?


  25. Did you guys know that you can obtain a copy of the waterman report on the BSTU website. I am living here in Brooklyn and I have already read the report. Why don’t Broomes just retire and make it easy on himself a d everyone else. I guess only in Barbados.


  26. Earlier, I was all over this blog suggesting that Freundel Stuart was the lesser of the evils contest for the Prime Ministership. His handling of the Alexandra affair has caused me to eat my words. He is behaving like any other silly politician. By his intervention Jeff Broomes or anybody else who might have committed any offence at Alexandra and say thank you Freundel and walk free.

    I have said it on this blog and to anyone who listen that the PM had no role in that matter. I hope that after reading Jeff Cumberbatch, readers who abused me would be decent enough to apologise, but I am not holding my breath. By the way, did you notice that Jeff C went out of his way not to quote me when he said, “I have seen it interpreted that none at all of the evidence before the commission may be used in a subsequent civil or criminal trial of anyone”.

    I suppose that is the best he could do since it might not look good for a law professor to quote a layman who has never set foot in law school, but thank you nonetheless.

    David

    How come I don’t see you posting Frankly Speaking.

  27. Carson C. Cadogan Avatar
    Carson C. Cadogan

    DAVID

    I have noticed that you have SHEEPISHLY TAKEN DOWN YOUR NOVEMBER 2012 prediction of general elections in Barbados.

    I told you you were wasting your time.

    Now lets see what else you are going to be proved wrong about. I could tell you but I will leave you to find out the hard way.

    I have a towel to lend you to wipe the egg off your face!

  28. Carson C. Cadogan Avatar
    Carson C. Cadogan

    Erskine Miller

    “Did you guys know that you can obtain a copy of the waterman report on the BSTU website. I am living here in Brooklyn and I have already read the report”

    They are too busy spending all their time predicting doom and gloom for Barbados for them to notice. Especially the blog owner.

  29. Carson C. Cadogan Avatar
    Carson C. Cadogan

    Erskine Miller

    You should not have told them.


  30. @ Carson C. Cadogan,

    Why the attacks on David the blog owner?

    You may need David’s blog to get the DLP message out to some of the voters.


  31. Correction. I DO agree with what Jeff said. Typo to have included “not”.


  32. Carson everyone does not go on every website. I like to keep up with what is going on in my county so I try to go on practically every website to find out what is going on in bim.


  33. @Caswell

    BU does not reproduce columns as a rule. This is an exception and also most of your column topics have been dealt with on BU any way…lol

    @All

    The point about making the Waterman Report and findings widely accessibly to taxpayers remains. According to the the Commission of Inquiry Act the report and relevant documents/findings should have been deposited at the government Achives Department by now.

    Further the matter should have been Gazetted as promised by August 30, 2012 and it has not been. Yet we have to tolerate the party hacks and the yardfowlism when it comes to governance issues. A people get the government they deserve. The BSTU scanning the document and posting to their website is not addressing the central point here.


  34. Look how a SIMPLE management issue has blown into a full grown national mess nuh!

    Any semblance of competence at any level in this matter would have addressed this nonsense long ago…..
    Is it any wonder we can’t run a National Bank, a transport system, a court system …..in fact we cant run not one shoite it seems.

    …and wunna talking ’bout independence?

    Independent of competence.
    Independent of common sense

    Any bets that the Trinidadian fellow from Republic would fix up this matter in one day?
    Any bets that the Canadian Bank people would solve this shoite with one conference call?
    Any bets that EMERA would done this with one meeting?
    …and we all know that the old colonial masters would have quietly fixed this up YEARS ago…

    As Hants said WTF!!!

    Who is it that said that Broomes should have taken the easy road and retired?
    ….got to be a Bajan!

    Any other nationality would have called for the resignation or FIRING of the person at the TOP of the heap……where the rot starts…


  35. We all know how the government rush to do things in Barbados. They are slower than molasses. As stated before I am here residing in the US so I’m neither a B or D, but I think that this government is the worse in Barbados. They take their time,they don’t inform the country on anything that is going on. You get what you ask for. From David Thompson on down, nothing has changed.


  36. Alexandra Commission – A waste of time
    Commission Report – A waste of time, paper, space on computer file , just a waste .
    Commission’s view –Biased, culturally bias.

    The Commissioner is an old time fart , who believe that white people should be rulers and black people should be slaves because white people up there somewhere and black people down there somewhere. His words say so , his lifestyle says so, his world view says so. How can we move forward as an independent nation with archaic views such as his and the Prmie Minister’s for example ????

    The Prime Minister echoed a similar sentiment with his reference to his March field , St Philip /chattel house to Illaro Court -achievement.

    People like the Commissioner will not support local cultural activities for example, and people like the Prime Minister will only support it if it is expedient to do so. They see such things as inferior and they try to identify with England not Barbados. I do not have any respect or tolerance for such persons with those sorts of views and under my system of Government , such persons would be given a particular kind of “treatment”

    DO you think that Barbados wll move forward with such persons ???

    JUST ASKING

  37. Bdos Underground Talkshop Avatar
    Bdos Underground Talkshop

    Plus ca change………..


  38. Here is the link to the Waterman Report which we have snagged form the BSTU website.

    http://wp.me/a41kz-6qs

    We await the government’s official release, unless somebody stole it!


  39. David

    I would like to draw to your attention that there is nothing exceptional about Jeff C’s article. He merely repeated what I was saying all along, only that he said it more elegantly. After all, he even quoted me without attributing it to me. His views are not new to BU: his views and mine coincide only that mine were published first. LOL!


  40. @ac

    Have a read of the Warrant handed down by the Governor General at this link pages: 3-6.


  41. @Caswell

    With respect to you, for a message to resonate with Barbadians it is not the content of the message but who the messenger is that makes it. Same rings through for BU and the traditional media. We are an educated people after all.

    On 2 December 2012 17:41, Barbados Underground


  42. I guess the reason all of this foolishness is going on in Barbados is because no one is held responsible. I guess that if everyone have civil service status and can’t be touched then what is going to change. The moe stated that he gave the 2010 report to the CEO and nothing was done. Yet he was appointed to the position. This mess has vern


  43. @Hants

    Thanks for the defense but don’t worry it is all water off the back. It just shows up the people who come on BU and would refuse to add a link to add value to a discussion. Instead they would play politics. It tells us who are our friends doesn’t it? BU is expected to know/search out every link posited on the Internet. The folly!!!


  44. @David. I have read the Report on the BSTU website. I note that it is truncated right in the middle of a letter from Mr Broomes’ counsel in which the Commissioner is, in legally polite terms, keelhauled.

    I was amazed that the bias demonstrated by the Commissioner. If you read the witness list, the Commissioner appears to have mentioned only the witnesses and their evidence that supports what I have no hesitation, having now read the report (or the truncated version thereof) in saying supported his own pre-determined bias. I am happy that there are transcripts of all the evidence, so that in the event of a judicial review, these will be available. Unless, of course, in faithful imitation of the Registry, they cannot be found.

    As I said, it is highly unlikely, after this expensive three ring circus, that there will be any further action taken and the $600,000 report will be left to gather dust.

    What a total waste of time. I agree that the government should try not to make the report available on the Internet. We certainly don’t want the world to see what sort of idiot we put in charge of a commission.


  45. I said already that the Commission or the Prime Minister should have leaned on BU for direction and the $ 600,000.00 should have been distributed among the Blog Moderator/Owner; Caswell Franklyn; Bushie; Islandgal246; even ac and Carson C Cadogan, Hants; BAFBFP; Old Onion Bags; Scout; Prodigal ; Just Observing; Millertheanu; Checkit; Random ; Sargeant;Yardbroom and all the rest who may have contributed.
    Sound wisdom and advise came from these individuals and even where some were not in agreement, guidance could still have been taken from their values. I salute the men and women of BU even the ones I disagree with at times.

    Respect !!

  46. Carson C. Cadogan Avatar
    Carson C. Cadogan

    JUST ASKING | December 2, 2012 at 3:27 PM |

    Are you ok?

  47. Carson C. Cadogan Avatar
    Carson C. Cadogan

    Hants | December 2, 2012 at 1:03 PM |

    What gives you the impression that I am attacking the blog owner?

  48. millertheanunnaki Avatar
    millertheanunnaki

    @ Carson C. Cadogan | December 2, 2012 at 3:38 PM |

    It’s time for you attend the propaganda gathering for more self adulation instead of reaching out to the masses and undecided voters.
    On your way to the St. Leonardโ€™s Secondary school soon to be renamed take a stroll down President Kennedy Drive and see the humongous piles of garbage that have been there for the last 4 weeks. We donโ€™t want any rats gathering and feeding in that meeting place being infected and to spread the political bubonic plague among the general population.

    At least the damned Speaker could have requested some AID and had the place spruced up for his farewell speech to his constituents.

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