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Shanique Myrie Goes to Court

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Shanique Myrie
Shanique Myrie

The Shanique Myrie matter is currently being heard before the Caribbean Court of Appeal (CCJ) and is being followed closely by BU. Frankly it appears both sides have been …  By showing itself to be an itinerant court it shows how the CCJ is configured to deliver justice in a region which may require such flexibility given our geographic and economic diversity.

Something however has bothered the BU household since the Shanique Myrie vs Barbados matter with  Jamaica subsequently given permission to intervene. While the CCJ has the jurisdiction to hear an original application dealing with the Treaty of Chaguramas, it does not have the jurisdiction to hear an original application dealing with the civil and criminal cases of assault. BU’s view of the matter is that the alleged assault took place in Barbados and therefore must be heard before the Barbados courts.

Unfortunately we do not get enough debate in the media about matters related to law and how it relates to the day to day life of Barbadians. BU has blogged several times on the subject of adding basic law to the curriculum in our primary and secondary schools. Seized with understanding basic legal concepts will instil our people with more confidence to understand and challenge simple agreements which have become a routine part of living our lifes.

The BU family is comprised of legal minds and the BU household is willing to learn and be guided on this matter from the likes of Jeff Cumberbatch and the gang.

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236 responses to “Shanique Myrie Goes to Court”

  1. jeff Cumberbatch Avatar
    jeff Cumberbatch

    David, the case is indeed based on an alleged criminal and tortious assault, but a further and more visceral allegation is that the state of Barbados, which is a party to the Revised Treaty of Chaguaramas [RTC], has infringed the provisions of the Treaty through the alleged acts of its servants or agents, immigration and/or customs.

    Ms Myrie and Jamaica are essentially claiming that as a citizen of a CARICOM state, she was entitled to be more civilly treated. The decision in the case, especially if Ms Myrie proves her allegation, will probably state definitively the obligations of one state party to the RTC to the citizens of another state party on arrival at the former’s borders. Clearly, not assaulting them will be one. We shall hear soon.

  2. jeff Cumberbatch Avatar
    jeff Cumberbatch

    Oh, I forgot. Keep up the good work. You have outdone yourself this weekend!

  3. David Avatar
    David

    @Jeff

    Thanks!

    What has fascinated with this case is the fact that there is no conclusive evidence to support that Miss Myrie was searched yet the CCJ found that there was the basis to move forward.

  4. jeff Cumberbatch Avatar
    jeff Cumberbatch

    At this stage, there would be no need for “conclusive” evidence; only that there is a matter fit to be tried. You will recall that our lead attorney conceded this point fairly early in the piece.

  5. David Avatar
    David

    Understood Jeff but the comment was made in the BU Court. How the hell can the alleged ‘cavity search/finger rape have taken place when there is no camera evidence? The investigation by the police was inconclusive. Frankly it boggles the mind.

    You know Jeff the way minds work around here it is clear that win lose or draw Jamaica wins. You are smart enough to understand the comment.

  6. Colonel Buggy Avatar
    Colonel Buggy

    BU has blogged several times on the subject of adding basic law to the curriculum in our primary and secondary schools. Seized with understanding basic legal concepts will instill our people with more confidence to understand and challenge simple agreements which have become a routine part of living our lives
    ………………………………………………………………………………………
    Yet time after time we select 12 persons to serve on various Juries,in Barbados ,many of whom have no knowledge of the basic laws of the land. Their only qualification is that they are on the electoral list and of a certain age.

  7. Hants Avatar
    Hants

    There is a reason why us laymen should rely on the guidance of the legal eagles.

    English women raped in Barbados. Cases tried in Barbados court.

    Myrie was allegedly finger raped but all kind of legal multi jurisdictional discombobulation requiring a trial in several independant countries is required to try the case.

    But I am not a lawyer or Bushie.

  8. David Avatar
    David

    @ Colonel Buggy

    The idea is that there is equity to be tried by one’s peer. Is it perfect? Perhaps not.

  9. David Avatar
    David

    BTW Jeff a good column today although some may say you have created more questions than answers….lol.

    http://www.barbadosadvocate.com/newsitem.asp?more=columnists&NewsID=29869

  10. jeff Cumberbatch Avatar
    jeff Cumberbatch

    Thanks, David. The questions are for the policymakers to answer. We merely pose them.

  11. Hants Avatar
    Hants

    So can any Jamaican visitor who alleges that she is finger raped by a Barbados immigration officer ask that the trial goes before the CCJ instead in a barbados court?

    Would the same apply to Vincentians or St.Lucians?

    Will the Myrie case set a precedent to be followed in the future?

  12. David Avatar
    David

    @Hants

    See Jeff’s earlier comment:

    The decision in the case, especially if Ms Myrie proves her allegation, will probably state definitively the obligations of one state party to the RTC to the citizens of another state party on arrival at the former’s borders. Clearly, not assaulting them will be one. We shall hear soon.

  13. jeff Cumberbatch Avatar
    jeff Cumberbatch

    The choice is his or hers, Hants. In fact, the choice is Jamaica’s or the relevant state’s, since it is the party to the treaty. But it can give permission to the citizen to bring the action and then join him or her later as it did with Ms Myrie. The Myrie case will set a precedent for how CARICOM states are supposed to treat other CARICOM states’ citizens.

  14. David Avatar
    David

    Of course if the ruling finds favour with Myrie the CCJ will likely not attract any more members. The flip side is that Barbados can also tell them go to hell.

  15. Caswell Franklyn Avatar
    Caswell Franklyn

    This case has absolutely no right before the CCJ. Barbados’ lead attorney should have made that point at the outset, instead of conceding that there was an arguable case. But that would have meant that he would have spoilt the chances of a large payday.

    The matter before the court is an allegation of a criminal offence against a particular officer or she could have had a remedy against the officer and the Attorney General in the civil courts. If her action failed there, she could have appealed all the way to the CCJ.

    This case has absolutely nothing to do with free movement. The evidence that was led shows that she was freely admitted to Barbados. Only when it was discovered that the she lied about her host was her visa cancelled. Myrie lied about the whole episode, and that lie got out of hand so she has to stick with it to the end.

    The CCJ is a severely underemployed court and this case is at best a way of giving the judges something to do at the expense of Barbados.

  16. islandgal246 Avatar
    islandgal246

    Cutlass lawyer trying the case on BU!

  17. Caswell Franklyn Avatar
    Caswell Franklyn

    Islandgal246

    You are aware that you violated your father’s civil rights when you and your siblings unlawfully beat him to a pulp. You are lucky that you were not tried on BU or you might still be a Dodds.

  18. Hants Avatar
    Hants

    Maybe I just don’t get it but I see two separate issues.

    The Myrie case (criminal )should be tried in a Barbados court.

    The issue of the ( unfair? ) treatment of Jamaicans at GAIA should be dealt with by the Ministry of Foreign Affairs at a diplomatic level.

  19. Lemuel Avatar
    Lemuel

    The question that has not been clearly articulated is why should a court of appeal be hearing this case seeing that no other court has peered into the substance of Myrie’s allegations. I believe the RTC is a red herring being dragged kicking and screaming along with this case. A Jamaican is in today’s Nation Newspaper complaining about being questioned by a police officer at the airport. As far as i know all caribbean territories follow similar models and I am sure that there is a similar model of drug control measures in Jamaica.

    Are we coming to the point where it shall be impossible to even look too hard at any one who gives enough pause to doubt their honorable intentions when coming to Barbados.

    Is this drug control measure so effecting the Jamaican economy that like in the case of Dudus its good citizens have found a legal wedge from which to restore the full flow of narcotics in and through Barbados?

    Since Dudus I find very very hard to believe that any honorable could come out of Jamaica.

  20. Lemuel Avatar
    Lemuel

    May be Island can help me with this.Why is it that Myrie looks like a male who has had a transformation to a female. I what I am think is through then what was there to be violated by a finger.

  21. ac Avatar
    ac

    so far i believe the case had delve into the area of discrimination against Jamaica . The” finger case” has been the catalyst in Jamaica trying to present such proof .

  22. Crusoe Avatar
    Crusoe

    Caswell noted : ” If her action failed there, she could have appealed all the way to the CCJ. ”. Exactly.

    David,

    I find the article’s original point moot. The CCJ is now our court of final appeal.

    So, maybe we are just cutting to the chase, all said and done.

    This case is highly interesting. not the least because it puts focus on our procedures in dealing with immigration, not a bad thing.

    We acknowledge after all, that many of our procedures are outdated (generally) and inefficient.

    Albeit, it is my ‘feeling’, I have no evidence, that people on the case are telling bare lies, to protect themselves.

    My OPINION, is that the case is already lost….even if the CCJ finding is inconclusive, ultimately Barbados’s immigration will have to be on P’s and Q’s and procedures implemented to ensure future clarity in any immigration issues.

    As for your comment, ‘tell them to go to hell’. Why? Because it suits us to do so? Will we become an authoritarian society, no dependent on the rule of law, as decided on the grounds of laws but on popular decision?

    I would be very concerned if we went that direction. As it is, at least the CCJ is capable of coming up with decisions on a timely basis.

    Chances are if we went that way, we would be looking at further disinterest in Barbados as an investment alternative.

    We must make choices for development on sound principles, not on popular opinion ‘ how dem could do that to we?’.

  23. Crusoe Avatar
    Crusoe

    One more point, I see no problem with, in the cases of alleged infringement of human rights, that the case go straight to CCJ, it very likely will ultimately end up there anyway, as our court of final appeal.

    Maybe some of you would have preferred it go to the Hague instead?

    In my humble opinion, human rights cases have specific and urgent treatment. As they should do.

  24. Amused Avatar
    Amused

    @Hants | April 1, 2013 at 12:42 AM | “Maybe I just don’t get it but I see two separate issues. The Myrie case (criminal )should be tried in a Barbados court.” I agree. I don’t agree with the rest of your submission.

    I agree that there are two issues. First, has Barbados breached the Treaty. That is a matter for the CCJ and in that case an original application is appropriate. The issues of criminal and tortious assault ought, in my most respectful view, to come before that institution that we laughingly and derisorily call “the Barbados High Court” and have access to appeals to that other mock institution called “The Barbados Court of Appeal” so that the jackasses who parade around in judges robes can bring their “wisdom” to bear on the matter, before it goes to the professionals of the CCJ. The end run by Miss Myrie and the Government of Jamaica around the “honourable justices” of the Barbados judiciary and the Registrar (who is bound to lose the file) is, in my view, wrong.

    I am in a bit of a rage at the moment, as I reflect that the so-called Chief Justice has said that there are 350 appeals outstanding on which merely 10 decisions have been rendered. Yet, the Court of Appeal sits for just 2 DAYS A WEEK only. Also, the CJ is head of the Court of Appeal, but he has taken to concerning himself with and hearing BAIL APPLICATIONS, instead of sitting as head of the panels of the Court of Appeal and demonstrating to it, yet again, his powerful legal knowledge (or rather total lack thereof). I think it is time we recognised that, despite his academic qualifications, we have a lemon for a CJ. He does not know what the hell he is doing….he is clueless. Worse, he seems to have defined his role as being what he was in New York State (where he was very much the low man on the totem pole) instead of even attempting to rise to the job he now so unsuccessfully inhabits. I understand that certain members of the Inner Bar refuse to acknowledge his knighthood when writing to him and send him letters in very strange formats, on the basis that, “that blasted fool wouldn’t know the difference.” I think they are wrong to do it, but right that the blasted fool will NOT know the difference.

    I read with interest and a great degree of derision Hal Austin’s latest on BU in which he attempts (unsuccessfully) to compare Barbados with the current state of affairs in Cyprus.

    Hal fails to reflect that Cyprus (like Hispaniola – which is half Haiti and half Dominican Republic) is split – Greek and Cypriot, but with a far closer political and infrastructural connection than Hispaniola. He fails to connect the dots in respect of Turkey (and hence Turkish Cyprus) being very heavily subsidised by the USA and the UK while the emergency in Syria subsists – and for many years after it is resolved this will continue.

    Hal also fails to register that, as Barbados is index-linked to the US dollar, any attempt to devalue the Barbados dollar is, in fact, an attempt to devalue the US dollar through the back door, and that will not work at all.

    BUT, it galls me that MANY BILLIONS OF DOLLARS are leaving Cyprus and many, many more BILLIONS of dollars are leaving Spain and Italy, which are both about to go the way of Cyprus. Barbados ought to be the recipient of most, if not all, of those billions. Yet, BECAUSE OF OUR JUSTICE SYSTEM, other countries are being the recipients. I know. I telephoned a friend of mine who is stuck in the Cyprus situation, asking that they transfer to Barbados. I was told in no uncertain terms that Barbados is extremely low on the desirable countries list, because, and I quote, “It lacks a credible justice system”.

    On the matter of basic law being taught in schools, I agree completely with BU on this. There are two things in life we can never shake. One is medicine and the other is law. Yet we are taught basic first aid, but not law. When we are born, we go through the legal process of having our births registered and from that moment on, every step in our lives involves the law, even up to and after we die. I do not think that it would be too much at all to cover basic Tort, Contract and Criminal law, in schools. As I say, we are willing to offer first aid which does not necessarily mean that those students, by any means, will become doctors or nurses. So why not basic law – those students will not all become lawyers either.

    And back to the Myrie case. I listened to and watched it on the CCJ website. I am not going to comment on what transpired as I think it would be improper for me to do so. I will only say that I do not envy the CCJ on this one at all. I did watch with great approval the handling of the court by Mr Justice Byron – applications dealt with at once (on the spot) instead of the Barbados habit of adjourning for several months so the judge could consider his/her ruling and just the quite, polite and complete control of the chairman. I was also struck by the cross-examinations performed by Mr Justice Wit, who proved the old adage that it is unhelpful to be cross while cross-examining – he was firm, friendly and polite and it was a master class for all attorneys of whatever age. However, I sadly reflected that, treaty or no treaty, if we still had the Judicial Committee of the Privy Council instead of the CCJ, the Myrie case would have to be very differently and, in my view, correctly handled.

    And the presence of the JCPC as our final court of appeal would provide us with greater credibility for those billions and billions of dollars now leaving Cyprus, Italy and Spain so that, maybe, even given the dead weight and dead wood of 98% of our judiciary, we (who pay these “judicial” salaries and pensions) might get a taste of those billions.

  25. Well Well Avatar
    Well Well

    The case would not have ended up with the CCJ if the likes of harry Husbands and maxine McClean had not started lying about Myrie being a known prostitute on the island, when it was in fact her first visit, they were trying to make the matter fade away, or it would have been tried in Bim. As usual they only succeeded in making things worse.

    People are telling lies in the case to protect themselves.

  26. Amused Avatar
    Amused

    @Well Well. Without directly commenting on the proceedings, my overall observation is that there are lies on BOTH sides.

  27. Well Well Avatar
    Well Well

    Amused…………….I don’t think that most of the lawyers in Bim would like to see every citizen having some basic knowledge of tort or civil litigation ……………….then there will be no one to financially victimize……………I make no apologizes for this statement, if I had not done a degree in the US, when I spent some time in Bim, I too would have been taken to the cleaners.

    The governments in barbados have for years kept valuable information from the citizens, information that could have easily resulted in less dependence on tourism and would have resulted in billions to the island in foreign exchange…………….instead they practiced petty, narrow minded politics, now the piper must be paid.

  28. Well Well Avatar
    Well Well

    Amused………….from what we are seeing, yes there are lies on both sides.

  29. TO THE POINT Avatar
    TO THE POINT

    @Well

    Maxine has more finesse than to call the lady a prostitute she has class,

  30. TO THE POINT Avatar
    TO THE POINT

    @amused

    Excellent presentations as usual. My prediction that the lady dont have a case and no treaaty can preventus from determing who can eneter our coutry, They must satisfy our requirements.

  31. old onion bags Avatar
    old onion bags

    Caswell …(March 31..11.44 pm)
    Cart before the horse proposal…..

    snip
    ….”The matter before the court is an allegation of a criminal offence against a particular officer or she could have had a remedy against the officer and the Attorney General in the civil courts. If her action failed there, she could have appealed all the way to the CCJ. ”

    Sounds logical (given the ratio of the case) Caswell, and the way any prudent and reasonable man would view it. But the CCJ Jurisdiction (I am told) is two fold , one for Caricom matters to which JA is a signatory and the other as an Appealant court to which JA is not … Such being the case, Myrie’s lawyers sought to take up the matter knowing they would have the benefit of unknown territory and by a sense that JA ‘by might is right’….hoping to open up Barbados’ doors to future unimpeded drug mule trafficing…CCJ your ruling is crucial and is being watched…Come good !

  32. David Avatar
    David

    It is no secret Jamaicans and Guyanese have been treated aggressively at ports of entry across the region. It is normal the two countries should experience some ‘angst’ at such a situation. To assume that a Jamaica government may have as a motive a strategy to use our tiny markets for drugs maybe simplistic.

  33. old onion bags Avatar
    old onion bags

    Who said anything about JA’s Govt….facts are facts … up to last week ..a mule was sent up for 3 yrs….Guess from where originated….When last you hear of a Bajan mule being convicted in the ..” land of many mountains and rivers?”….Such things must be taken into consideration as much as we have to be civil and diplomatic…FACTS are just that.. facts

  34. Sargeant Avatar
    Sargeant

    @Jeff C
    As usual an informative column until the end when the overused Bajan cliché was employed, who or what is a “right-thinking Barbadian”? Is this kind of individual only found in Barbados or can I find a “right-thinking Trinidadian, Jamaican” etc.?

  35. Crusoe Avatar
    Crusoe

    @Amused,

    You have a point and are very correct, that only a moron would invest where he is not sure of getting swift, professional and excellent dispensation should an issue arise re his investments.

    That said, I think that the Cyrpus issue is going to cause the investors to run to ‘established developed nations, irrespective of taxation rules, nations such as the UK, US, Germany, Switzerland will benefit from the run.

    Further, a lot of people are keeping an eye on our ratings and assessment by ratings and international agencies, this is relevant from the viewpoint of ensuring that we manage our economy well, such that our economic viability and prudence gives some assurance to investors.,

    Unfortunately, it seems that the cart is at the top of Horse Hill, no brakes and those sitting in the riding positions, do not have a clue of how to steer.

  36. Crusoe Avatar
    Crusoe

    @Sargeant,

    Normally that would be ‘the man on the Pie Corner bus’, but then I remembered that Kellman is Sin Lucy, and as their representative, wants an airport in that fair parish. Nutty as a fruitcake.

    So, I guess ‘man on the Fairy Valley bus’ will have to suffice.

    Might be quite appropriate too.

  37. Amused Avatar
    Amused

    @Crusoe | April 1, 2013 at 8:08 AM | “I think that the Cyrpus issue is going to cause the investors to run to ‘established developed nations, irrespective of taxation rules, nations such as the UK, US, Germany, Switzerland will benefit from the run.”

    Which appears to prove my contention that, despite the undoubted excellence of the judges of the CCJ, the final court of appeal being the Judicial Committee of the Privy Council confers on us the same status as those “established developed nations”.

    Would you agree?

  38. Sargeant Avatar
    Sargeant

    Kelly from Pie Corner? No wonder he seems so comfortable throwing those Bull pies around, yuh tink Bushy from dey too?

    I don’t want to hear the opinion of a man from Fairy Valley or for that matter Sweet Bottom cause they may have opinions contrary to de right thinking Bajans, now if de woman from Sweet Bottom she will catch my attention particularly if I can get her to move to Jack in the Box Gully or even Sweet Vale.

  39. Well Well Avatar
    Well Well

    Crusoe………..that was the whole point……….engineering a quick shift, remember that phasing in economic control is only for the weak minded and feint of heart.

  40. Simple Simon Avatar
    Simple Simon

    @David the blog master “How the hell can the alleged ‘cavity search/finger rape have taken place when there is no camera evidence?”

    So wait David, you believe that if a camera is not present then a rape did not take place. You really in the 21st century indeed where damn fools take camera records of everything.

    Traditionally ALL rapes have committed secretly, and NOT recorded. Why would anybody be foolish enough to record a rape?

    However that does not mean that the rape did not occur.

  41. David Avatar
    David

    @Simple Simon

    The comment was posted in the context of having to prove same. Surely you are able to contextualize?

  42. Simple Simon Avatar
    Simple Simon

    I meant that only in the idiocy of the 21st century are people foolish enough to record and disseminate the details of sexual assaults.

    The old time fellas used to do their nastiness, pull up dey pants and go ‘long, and keep their mouths shut.

  43. Simple Simon Avatar
    Simple Simon

    David it has always been hard to prove sexual assault, because sexual assaults are mostly committed in private and at trial it mostly comes down to “he say, she say” this is especially so if the sexual assault is not reported immediately when biological evidence can be collected, or if the woman has been previously sexual active, and the sexual assault causes no abrasions, or if a condom is used and no biological substances are deposited, or if the assault is done with an object and there are no biological leftovers, or if the man was the woman’s estranged husband or boyfriend, and he claims she said yes, and she says she said no, or if a person man or woman sexually touches a child and there is no biological evidence, but in all these situations it does not mean that the assault did not take place.

    If you doubt me that sexual assaults can take place without leaving evidence, and can take in the absence of cameras then ask the old pope and the new one too some questions, perhaps these learned gentlemen can explain better that a half foolish body like Simple Simon.

  44. Well Well Avatar
    Well Well

    It appears as though tapes from cameras in certain areas of the airport were demanded from this one that one and the next and handed over, what are on those tapes, we are yet to hear about. Don’t know if the attorneys involved or the CCJ has access to any tapes. Also understand that excuses were made about cameras being in working or non working order at the time, a variety of excuses were offered……………still a long way to go.

  45. Caswell Franklyn Avatar
    Caswell Franklyn

    The people in the region treat Barbadians as though we are punching bags, and we roll over and play dead. I am sure if this were a case where a Barbadian had made similar allegations, the CCJ would have said, you have a remedy in a lower court and dismissed the action. Instead they are straining to make this a treaty violation. Myrie was admitted to Barbados, so there was no issue of free movement. She was only detained when it was discovered that she had lied about her intended whereabouts. I firmly believe that she made up the story of finger rape and it got away from her. Even with all the professional coaching she had to prepare her to give evidence, she still came over as a liar.

  46. Lemuel Avatar
    Lemuel

    Jamaicans are “searched” every day in the ports of entry for the US; when shall I see a myrie type case or is it that they are afraid to lose their US visas. We in the caribbean also have treaties with the US about movement of people. When shall the Freundel Stuart administration lodge the case to restore Minister Michael Lashley’s “right” to travel to the US. I believe we should start that one after this myrie thing is over. We are here pissing in the wind and letting it fly wherever it may.

  47. Amused Avatar
    Amused

    Well, Casewell, I am not firmly convinced of anything because, as Well Well has pointed out, there appear to have been untruths uttered by BOTH sides. And I agree with Well Well.

  48. David Avatar
    David

    To clarify, again:

    The IT Specialist at the GAIA has already given testimony that all cameras were functioning on the day in question.

    Inspector Griffith who led the police investigation concluded that there was not enough evidence to be conclusive.

  49. Lemuel Avatar
    Lemuel

    Amused
    Can I assume then that for the purposes of the BU you and well well are our CCJ?

  50. David Avatar
    David

    @Simple Simon

    Please come down to earth!

    If there was a finger rape as aledged and it was done in a room without cameras please advise all and sundry how it will be proved?

    The only outcome here as posited above is that win lose or draw the name of Barbados will myried.

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