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: “Plus ça change, plus la même chose” – 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 – 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 “separation” 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 commission’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


  1. @ac
    “all the issues laid out have to be addressed by the PSC as recommended”

    Not true. Only the matters of “separation” would directly fall immediately under the PSC. The other matters should initially fall under the Ministry of Education and the Civil Service then bumped up.

    @amused

    “I was amazed that the bias demonstrated by the Commissioner.”

    Most people weren’t.

    “if or NOT the remit has been addressed and met.”

    There’s the documented remit, then the undocumented remit. It has fully met the undocumented remit. Now, making that undocumented remit mesh with the documented one through facts, evidence and procedure will be a tad bit difficult and will leave taxpayers alot poorer!

    @erskine
    “I guess the reason all of this foolishness is going on in Barbados is because no one is held responsible. ”

    That’s the norm and the basic problem!!!!

    @David
    “The BSTU scanning the document and posting to their website is not addressing the central point here.”

    The BSTU believes that circulating it serves their interest. How many days have passed since completion and laying in Parliament with zero action?? Lol,

    “we wait the government’s release”

    Like a younger brohter used to tell me “wait pun um!”

    @Jeff Cumberbatch
    echoes of what Caswell has said from day one. For those thumping their chests in “victory” we are essentially back to square one with a flawed, vague and debatable “map” for how to get to square two. Nothing more, nothing less.

    Let’s make a bet that government doesn’t touch this ’til after elections. Any takers???

    Just Observing.


  2. @ac
    uh lie, I forgot that Greaves should be handed a warning letter and investigated “when convenient.” lol. This is a PSC duty too then.


  3. observing your point only goes for the necessitiy for having a commisssion showing that the PSC authority had limited power in other matters going on the Education system even though the matter was to be surrounding jeff broomes from the evidence given other matters were introduced which indicted the ministry of education as well


  4. So what stage are we at now?

    We seem to have done the dance going around the mulberry bush and we are now in a tizzy.

    Did not most of the BU regulars say that the COI was a waste of time and would amount to nothing since the Commissioner was certainly biased?

    This confused end result sums up the leadership of this country fittingly!


  5. @ac

    By your last comment you should be able to agree that disciplining of Broomes could have been left to the PSC, in fact it will still have to be dealt with the PSC. The COI’s warrant does not overlap with this issue so why collapse them?


  6. @ac
    I agree with you on the broader picture (choke..choke, don’t tell nuhbody I said that). The Commission did provide recomendations for broader reform, while dealing with the micro issues of Alexandra. But, the point that others will raise are that
    1) A commission wasn’t needed to see (or to start implementing) that the Act, Regulations and Ministry needed reforming.
    2) For action to be taken on Jeff, we now need the PSC. Which is the same place we were back in January
    3) as for other matters being introduced, one can argue that they were always on the table. Just conveniently ignored by whoever whenever.

    So, was the $600,000 worth it, based on what we saw during July/August and given the recomendations which really and truly any decent educational or civil service administrator could and should have recommended in the first place, and most of which were alluded to in the 2010 King report. Doesn’t seem like money’s worth to me. Especially since we still now have to spend more to get “results.”

    In my view, the value of this Commission is more political than anything else. But that’s for another thread.

    Just Observing


  7. @Observing. As always, you are right on point. But I did give Waterman the credit of thinking that he would be unbiased. Regrettably and shamefully, I was wrong.


  8. i understand the need to keep stoking the fire in order to descredit the need for a commision. but that is not the answer .the answer lies in the ability of the commision to go far and beyond which it was mandated to do as the commissioner did imply in that it was necessary to investigate wrongdoings going back as far as 2006.the PSC was aware of such issues and did nothing


  9. @ac

    And what will the Commissioner’s report do?

    On 2 December 2012 23:37, Barbados Underground


  10. not only was an independent commission necessary but in so doing took away what would have probably the closeness to friends and contacts who might be favourable to one side or another avoiding speculation and taint.


  11. @ac

    Do you know of any COIs which have wrought change in Barbados?


  12. I am greeeeeeeeeessstt Mr. Carson C Cadogan
    WHY you asked my brother ?

    Wouldnt you want to share in the 600,000

    JUST ASKING

    Would like to meet you sometime CARSON, you are doing a persistent job for your party. Man you are my inspiration


  13. i assumed that the report would open up areas to be reviewed and close doors which left doubt and which had caused chaos with each individual deciding what the laws intent should be , as in the case of broomes where there was an alleged letter stating he could not be removed ,or the other problems relating to protocol or chane of command,many challenges doing with the rules were also indicative as to why the AX problem was able to go on for so long unchallenged i suspect as i said before laws and rules would be clarified or ratified leaving no room for doubt or interpretation on any ones part . that is where the AX problem stands now. rules not clarified , laws of goverance to be changed.


  14. @ac

    Read what Waterman recommended regarding Broomes at page 98 – section 9.

    He has recommended that section 5.5 of the general orders of the public service act be invoked.


  15. @ac
    Far from clarified methinks the commission has caused more doubt and confusion.

    Just observing


  16. i have read what the commission recommendations are but what you david is losing sight of the need for the commission was not to do the job of the pSC but to be a neutral arbitrator in the process leaving no stone unturned or doubt that might have surfaced by public perception, giving the long period of time the parties involved, might have formed friendships , now with the intervention of the commissioners some of those doubts would be removed. look david i believe that the PM did not shove the responsibility to a commissioner out of a whim but long hard thought, and looking into every avenue that would give reasonable doubt or pause to another conclusion on the AX. taking that inconsideration he decided that was the only fair and honest way to go avoiding doubt or confusion in the people’s mind given the final result .don;t underestimate PM Stuart .he understands the fickle nature of the bajan psyche well.


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

    Priceless.


  18. @ac

    BU invites you to reread Caswell’s submission in May of this year for your better understanding.

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

  19. Carson C. Cadogan Avatar
    Carson C. Cadogan

    “Would like to meet you sometime CARSON, you are doing a persistent job for your party. Man you are my inspiration”

    Thank you.

    The PM knows that I have his back.


  20. looks like the dog chasing its tail you guys are stucki on one part of the report. while i have moved forward and passed the one issues of jeff broomes .but would rather focus on the complete inquiry. therefore trying to refocus my attention on what i had said would be the separation of broomes is mute .


  21. Bottomline the COI has settled nothing. The lawyers are waiting for the government to act and you can expect litigation. There goes the idea that the COI would have settled this matter.


  22. David that was your impression .but nothing of that kind was said by the PM.


  23. @ac
    You fa real? “Nothing of that kind was said by the PM?”

    How about wrestling this vexing problem to the ground? Bringing full resolution to the issue? Being able to resolve in 10 months what the BLP couldn’t do in 10. Look, this government via the PM has been staunch in its take that this was the best decision, a visionary decision, and one that will solve Alexandra’s problems “once and for all.” in a wholistic manner.

    Against that backdrop, the commission has “so far” failed.

    More to come when (in)action is taken.

    Just observing

  24. Caswell Franklyn Avatar
    Caswell Franklyn

    David

    I have just re-read my post from May. It is interesting to note that Jeff C is saying the same thing that I said then. It is also interesting to note that Jeff did not suffer the array of attacks that were directed against me. I wonder why. Is it that what I had written is now making sense because a law lecturer is now saying it?

    Sent from my iPad


  25. Here is the Public Service Act to jog the memory.


  26. @ Caswell
    GET OVER IT!
    Stop bragging and start working on BUP…..everyone will respect your opinions when you get things in place…


  27. …besides, Cumberbatch looks better that you in a suit….
    Bring back the damn shirtjac… 🙂


  28. @caswell
    Lol. Don’t feel too rejected. Remember, a king in his own land……..

    Send me an application form for BUP when ya ready 🙂

    @all
    Just read all 110 pages and have to change my opinion. We are definitely NOT back at square one. We’ve gone further back than that!

    Just observing!


  29. Bush Tea & Observing

    It is not about bragging or feeling rejected. Also, my post and comments about Jeff Broomes were never betrayed any personal feelings about him. I was merely pointing out what I understood to be the law on the subject. My interpretation was not coloured by any party political considerations. That is where the PM fell down in dealing with this matter; he allowed Freundel Stuart the politician to shine through rather than let Freundel Stuart the lawyer deal with a matter that was essentially a legal problem. He was aided and abetted by lawyers of like mind who commented on this blog who were completely nasty to me. Unlike them I was not carrying any political baggage when I rendered an opinion.


  30. The commission was only to kick the can further down the road and put some money in a retired judge pockets. In reality, it has now made implementing any measures (by PSC or anyone else) more difficult as all the dirty linen has now been aired in public. Schupse

    Call the elections; I tired !!


  31. caswell .just like others you have failed to see the bigger picture and your intent to drive the ball home with wide swipes does not go unnoticed in your protrayal to call the PM a fool. however you should take note that the PM was privy to all facts and relevant information inclusive of AX and other schools having similar problems that you might not be aware of . you have presented a simplified approach to a complicated problem that went beyond AX in the public school system across barbados .


  32. @David. “He has recommended that section 5.5 of the general orders of the public service act be invoked.”

    I disagree with Waterman. Further, the Government is at liberty to try it….if it wishes to see some real trouble.


  33. @ac

    The point Caswell has been making all along. The politicians need to stop meddling in public sector business.


  34. first of all the govt was called upon to intervene by the BSTU since they had pursue the alternatives but with no remedy resulting in a strike.


  35. @ac

    Wasn’t it the government (Chief Education Officer/Minister) who sat on the King report?


  36. another reason for an independent commision. those with authority to do something could not be trusted.


  37. @ac

    But it is the very government who did not act on the King report who has to act on the Waterman report to use your argument…lol.


  38. “……. the govt was called upon to intervene by the BSTU.”
    *****************
    You mean Fueundel was called on by Mary….

    He was not the first, nor will he be the last man to be lured to his demise by a red woman…..

    Good Morning Islandgal….. How ya doing…. 🙂

  39. Caswell Franklyn Avatar
    Caswell Franklyn

    AC

    This is the last time that I intend to address you on this matter. It appears that you are deliberately trying not to understand. The BSTU cannot invite the PM to do something wrong. He should have been sensible enough to say to them that it was not a matter that he could have been involved and then direct them to the appropriate constitutional body.

    You party would be better served if people like you would tell them when they are wrong and not try to justify their nonsense. You do not have to tell them publicly, but your public endorsement of their wrongdoing encourages them to their detriment.


  40. then one can imagine without the intervention the situation would remain as is. now there is no excuse for govt officials not to do their job. absolutely none, taking your position there would have be no resolution or reason to believe there would be one. also some neutrality has been added giving a sense of no favouritism even though others might no like the results


  41. @ac

    But the PM (government) can’t make the PSC do anything. Shouldn’t be able to any way…lol. A circular position you see which fingers the morass we find ourselves.


  42. @ac
    It was the CPO that was called upon to intervene.

    @amused
    I wait with bated breath to see how the CPO/PSC can prove “in the public’s interest” in order to invoke 5.5

    @caswell
    Points taken. To be honest though you did show a “tad” bit of bias against Broomes and defense of BSTU’s “no choice action” in your earlier comments this year. Political interference and incompetence are the root of this problem though.

    For the trade unionists in the house, a read of the BSTU’s submission is instructive re their striking against the government and not conducting a grievance on behalf of any one person. If that’s the case the union/grievance/industrial relations aspect is ripe for debate.

    Who determines when its time to abandon negotiations? What happens when those culpable and accountable for breakdowns are obvious but nothing’s done or said? Do expensive Commissions, dithering and posturing now replace common sense and balls based decision making in B’dos? Can single unions go “gung ho” and make ultimatums without consensus or even agreement? Do rules, procedures and law still exist or apply?

    I’m sorry this aspect of the saga wasn’t under the commission’s remit for I believe this aspect more than anything else has the precedent setting potential that will shake the country for years to come.

    Just observing

  43. Carson C. Cadogan Avatar
    Carson C. Cadogan

    I do hope that all of you who attended the Democratic Labour Party’s meeting at the St. Leonard’s School yesterday left fully satisfied that the country is in good hands.

    those of you who unfortunately could not attend in person but followed proceeding by means of live video streaming found the meeting well worth the time they sat at their computers watching and listening and being edified.

    Just remember:-

    JOBS—————————–GONE WID OWEN

    http://www.dlpbarbados.org

  44. Carson C. Cadogan Avatar
    Carson C. Cadogan

    Oh, before I forget, BLACK BOBBY MORRIS will be the campaign manager for the Democratic Labour Party at the upcoming elections.

    Unlike the other side, we know how our bread is buttered!


  45. Caswell tell what it seems that the situation had become chaotic to the point of continuing strike action with the inabilty of functioning where the childrens interest was being jeopordise.but listening to you one would assume that this was a strike that involve agreements and wages.the fact is that it was apublic institution which the PM as head had aright to intervene giving the nature and those affected by the ongoing strike in process which had also affected other schools with teachers involvement


  46. David

    Is there a way that you can block me from seeing AC’ nonsense? If there is I shall be eternally grateful: she is too dense.


  47. @Caswell

    What BU teaches is to be tolerant of different views.


  48. Caswell,

    I can only suggest the method that I have been using that achieves the desired effect, the “page down” key.

    It quite effectively rescues me from the posts of ac, ccc, and oob.


  49. Thanks Inkwell. Will do.

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