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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. Caswell Franklyn Avatar
    Caswell Franklyn

    It is not a question of profiling anybody when they arrive at the Airport. I was an immigration officer, and in those days we had a system where we would signal to the Customs who should be given a special check. Everyone that I signalled for a special check was found with something. We were taught certain techniques that we should employ when assessing passengers. I will not detail them here because I am still subject to the Official Secrets Act but I can assure you that it is experience rather than profiling that informs the decision to search some and not others.

    If you were walking the street and a dog jumped out and bit you, wouldn’t you be cautious the next time you approach that area?

  2. Caswell Franklyn Avatar
    Caswell Franklyn

    AC

    PLEASE! PLEASE!! Don’t speak up for me or even appear to be doing so. No thank you!

  3. islandgal246 Avatar
    islandgal246

    ” I will not detail them here because I am still subject to the Official Secrets Act ”

    RFLMAO……Bushie can this person keep his mouth shut ? Can he be trusted? LOLLL

  4. ac Avatar
    ac

    really Caswell . where am i speaking up for you. as a matter of fact i am laughing at you. !you do a great job of speaking for yourself with the above idiotic statement in reference to the Myrie case when you insist that the issue of profiling is not of subject Anyhow who have followed the case would realised that the issue of profiling has been of great concern and has been used in the Jamaican line of questioning . boy you thiunk your are so smart .it is about time you pull the curtains way down over your volumous head.

  5. islandgal246 Avatar
    islandgal246

    AC……LOLL ……RFLMAO Remember at school there was a saying “speak when you are spoken to and answer to your call”! Good one!

  6. millertheanunnaki Avatar
    millertheanunnaki

    @ ac | April 1, 2013 at 9:23 PM |

    And Jamaicans have every reason to feel that they are being discriminated against at GAIA.
    When the Immigration & Customs Authorities start interrogating, interviewing and examining those East Indian drug mules posing as traditional Islamic women but with thousands of dollars of contraband or smuggled expensive goods hidden on their well covered bodies then we would have every right to believe that these same officials are not ‘profiling’ people of certain ethnic or cultural backgrounds.

    You black people are so stupid as to believe these people come here to Bim as poor ass immigrants and by the sweat of their brows become multi-millionaires in next to no time.
    So what happens to those black Bajans that migrated to USA, UK and Canada and worked their asses off in big cities?

  7. BAFBFP Avatar
    BAFBFP

    @ MacGyver

    I gun wait for a response to your question. All this long talk …shee!

    @ Islandgirl246

    It looks like you pulling for the species … you go girl. Half of the population of the Caribbean have got an additional cavity that needs to be respected. Anyone that is not medically trained should/would risk culpability and punishment

  8. ac Avatar
    ac

    the problem with Caswell is that he thinks of himself as “so important” but those illusion of grandeur is only found here on BU who revels in his gossip of those Caswell hobnobbed with at some point in his life until they discover that he was a nuisance and a humbug and threw him to the curve.
    now his claim to fame is to roam the corridors of BU dispensing information that is worthless and seen as idle gossip. just look at his futile and wasted attempt on the NUPW while in the meantime he could using such efforts to build his own Union. not to mention the waste of time he used on trying to humiliate ac a woman who does not give a rats a..ss about what anybody thinks about her that is what makes her SPECIAL.

  9. Caswell Franklyn Avatar
    Caswell Franklyn

    Islandgal246

    You don’t have anymore parents that you can kill?

    AC

    If anybody ever tells you that you are an idiot, Don’t ignore them, there is substance in what they would be saying.

  10. ac Avatar
    ac

    it seems as if Caswell had every job in the world. i wonder if he will be interested in digging pits. that seem to a be a line of work right up his ally since he seems to know how to dig very deeply into the affairs of others .

  11. islandgal246 Avatar
    islandgal246

    Caswell……. you should know by now NOT TO PLAY WITH FIRE!

  12. islandgal246 Avatar
    islandgal246

    AC…yuh mean toilet pits? LOLL Caswell seems to be getting the shitty end of everything. RFLMAO

  13. David Avatar
    David

    Don’t you guys think you are behaving in a childish manner. There is a level to which sensible people are prepared to go.

  14. islandgal246 Avatar
    islandgal246

    “If you were walking the street and a dog jumped out and bit you, wouldn’t you be cautious the next time you approach that area?”

    BEWARE OF THIS DOG it might bite yuh!

  15. ac Avatar
    ac

    caswell you have used that term to define every and every one even GOD.IDIOT!

  16. Simple Simon Avatar
    Simple Simon

    I hope that female customs/police/immigration officers understand that they can search wearers of long black gowns. There is nothing in the Koran or in Islamic teaching that prevents one woman from searching up another woman.

  17. ac Avatar
    ac

    After all ac is an idiot ! therfore excused and entitled to such childish behaviour blame CASWELL !

  18. islandgal246 Avatar
    islandgal246

    AC……. be careful that dog doan come sniffing round yuh! He might bite yuh….LOLLL Yuh got me brekking up!

  19. BAFBFP Avatar
    BAFBFP

    Saw a White woman in Britain, yah is got to stand is some long queues, get she bubbies feel up in front of everybody (by a woman of course), and a couple of Muslim women with faces covered and all were allow to pass untouched … When my turn came I was selected for padding down (being non-White and non-Muslim you see) and begged to be searched by the immigration woman and not the man. Stupse, the man feel me up, but only my legs tho …

  20. David Avatar
    David

    Myrie case: Final submissions to be heard
    The Caribbean Court of Justice (CCJ) will hear final submissions in the Shanique Myrie case. (FP)
    Sun, April 07, 2013 – 4:00 PM
    PORT OF SPAIN,Trinidad, April 7, CMC-The Caribbean Court of Justice (CCJ) will hear final submissions in the Shanique Myrie case when the court sits at its headquarters in Port of Spain on Monday and Tuesday.
    The Trinidad-based CCJ will hear testimony in the case brought by Myrie, 25, who alleged that when she traveled to Barbados on March 14, 2011 she was discriminated against because of her nationality, subjected to a body cavity search, detained overnight in a cell and deported to Jamaica the following day.
    Myrie wants the CCJ to determine , under the Revised Treaty of Chaguaramas the minimum standard of treatment applicable to Caribbean Community (Caricom) citizens moving within the region.
    She asserted that the treatment she received at the hands of the Barbadian officials ran contrary to her entitlements provided under the treaty and obtained permission from the Government of Jamaica to approach the CCJ directly on the matter.
    Myrie, through her attorneys informed the Court that she could not afford to bring her witnesses to the seat of the court in Port of Spain for the hearing and as a result was unable to adequately present her case .
    The CCJ explored the use of videoconferencing technology to take the evidence of the witnesses but after consulting with attorneys it was decided that the evidence should be given in person . This resulted in the court sitting in Jamaica.
    The historic sitting commenced in Jamaica in March to hear evidence from witnesses there. The Court then moved to Barbados to hear the evidence of the witnesses of the Defendant.
    The CCJ, under its Original Jurisdiction, has compulsory and exclusive competence to interpret and apply the RTC, as in this instance, by hearing and deciding disputes between Caricom nationals and Caricom member states concerning issues with which the treaty deals.

  21. thinking aloud Avatar
    thinking aloud

    Barbados surprisingly looks to be in the ascendancy for anyone following the case but you never know with the courts, judges,liars ah mean lawyers and the rest. Lets see how this plays out Ms. Myrie isnt looking like the fountain of truth the Jamaica Observer/media and the Jamaica government made her out to be. We shall see.

  22. Colonel Buggy Avatar
    Colonel Buggy

    Poor girl, I think she was used by the Jamaica-Observer to sell papers,and then ambushed by the Government of JA to get its citizens a free and unhindered passage into every Caribbean country.
    Perhaps Ms Myrie needs to take her own government to the CCJ on similar charge.

  23. Caswell Franklyn Avatar
    Caswell Franklyn

    Colonel Buggy

    This is the most succinct and total analysis of the Myrie Affair.

  24. Faith TV Avatar
    Faith TV

    What reason would the woman have to put herself through such embarrassment? Clearly the Barbadian Police has “circled the wagons” and no truth will be gained from them…

    It is in all our interests (people of the region) that unfettered freedom of movement of goods, people and currency is allowed…

    Please remember one thing, Jamaicans can be un-forgiving and it would be good if justice is served because I don’t want to see all-out cavity searches being carried out on all Barbadians entering our lovely island…

  25. ac Avatar
    ac

    There are 1million reasons why Myrie would have lied ! most notably Exhbit one That she knew her host Pamela Clarke. Also the big lie of a “cavity search”

  26. David Avatar
    David

    Myrie’s lawyer is claiming that the police investigation was a cover up. The problem is that so far there is no evidence which has been produced which credibly supports the claim. The local police report in our view is critical in establishing that the ‘alleged search’ happened.

  27. ac Avatar
    ac

    the cavity search can also be seen as a “coverup” and an excuse after being found out that her statements given to the officials to where and to whom she was staying in barbados was not true and a reversal of entry.

  28. old onion bags Avatar
    old onion bags

    Miss Myrie ( miss as missing the boat)
    There is no justice to heshe who comes to the court with unclean hands….Didn’t Ms. Brown your attorney inform you of such yet? Lady you attempted to enter this land on the premise of a big lie….”to meet this friend” who has since denied ever knowing you… turns out to be an internet acquaintance…So what really were the intentions? Having met what measures exposed you for what you were, you got vex and sought all possibility of turning this misadventure to your benefit …a CCJ law suit attempting to venture in unknown … in hope of making a cool $1,000,000 outta we lil too friendly and daft Bajans eh? Lady do the right thing and respect the intelligence of the CCJ and stop trying to drag Barbados in the mud do…while you at it tell Faith TV….more Jamaicans visit Bim that the other way round in the ratio of 10 : 1 …if you wants to fry fish in a greasy pan…

  29. ac Avatar
    ac

    The raul garcia case is alsO interesting in that it hs set precendant .but a question of interest is after serving time and at the verge of being released how does it affect our laws as to immigration policy be it that garcia entered the country as a vistor and now can be granted legal status even though he was a convicted criminal. This case can also be used as a basis for given myrie entry into barbados as raul being not a resident or citizen and a convict was given the right to stay

  30. David Avatar
    David

    How can Myrie’s counsel asked that her testimony be accepted in total when there have been statements made by Myrie which have been proved to be untrue?

  31. Gabriel Tackle Avatar
    Gabriel Tackle

    Garcia was never given permission to enter Barbados.He entered like those vincies like a thief(as he is)in the night to receive or deliver s shipment of cocaine.My solution would be to have Garcia remain at Dodds until some other country is willing to take him out of Barbados for good.As to Myrie,the Barbados Government should do what Hugh Shearer of Jamaica did to Walter Rodney..declare her Person None Greater.Myrie don’t look innocent in all this sham, she looks like a show girl actress,dressed to the nines looking like she is a lawyer too.
    When Errol Barrow pushed for the Law Faculty of the UWI to be located in Barbados he could not have foreseen the damage it would do to Barbados.Prior to that faculty coming into being here, Barbados had no Rastafarian/nappy hair social deviants walking about here thiefing and committing all kind ‘o crimes in this country.Neither did we have a ganja/marijuana/drug problem
    in Barbados.Check it and see if my position is right.Now everyday since the 70’s Customs and the K9 police are always on the lookout for these strange people from the the north who have brought nothing but trouble to our country even on occasion almost brought down the Government in the person of a woman Carmen.By most means we welcome law abiding,peace loving Caribbean brothers and sisters but not these low life ghetto cultural
    misfits that permeates Jamaica such that on my visits there to go downtown Kingston I had to have 2 armed security guards to protect me and my business companions.Reggae festival you say?Not ’bout here,if I had my way.

  32. pat#2 Avatar
    pat#2

    Does it matter who Ms Myrie was coming to? She was coming to Barbados -mind you a “caribbean Island” for a vacation where she was treated very badly- I believe. There is a lot of cover-up by most of the B/dos police and they do not care, they are ‘cocky’,
    they are the worst criminal offenders in Barbados, and I believe that they are lying their teeth out. I hope that Ms Brown wins the case for Ms Myrie and show these animals that they cannot treat people as they like. I hope that Ms Brown continues on the right path and do not back down from what her ultimate is – winning- and that the CCJ is fair in their decision making. NB- I have never had ANY dealings with the law – criminal or otherwise – just saying. All the best to Ms Myrie and her lawyer and have a good life.

  33. David Avatar
    David

    A visitor’s intended address is important you say pat? Why do you think it is on the immigration form? In this case the person at the intended address denies agreeing to it. So what is your point again? Barbados should allow a person willing to lie about their trip and with 250 dollars to cover a three week stay?

  34. pat Avatar
    pat

    Gabriel Takle, Mr Raul Garcia’s drug crime was no worst than the big commercial Drug criminals in Barbados who bring in drugs on their yachts. It was no worst than the guy who brought in drugs from one of our neighboring islands on an airplane – he got a slap on the wrist – and his family came here and took him home- but in Barbados it is who you are and not what you do. ….’What a messsss..

  35. Pat Avatar
    Pat

    @ pat

    I would appreciate it very much if you could change your handle. People may get you confused with me. Since I have been frequenting these ramparts for some years now, I claim the monniker. Besides it is my name.

  36. Prodigal Son Avatar
    Prodigal Son

    I am waiting with bated breath to see what the CCJ will decide in this case. I contend that this case had no right being heard before the CCJ, it is like if the CCJ had nothing to do and just was glad to have a “wunnabee”case to handle.

    Contrary to what Ms Browne is claiming, Ms Myrie was initially allowed entry into Barbados but the visa was subsequently cancelled when it was found out that she did not know where she was staying. So she was denied entry for lying. The public servant who brought her in her used the lady from St Andrew name but contrary to what Ms Myrie testified, the woman did not know her neither was she in contact with Ms Myrie weekly.

    So based on that lie alone, how could her lawyer say that Ms Myrie alone has told the truth? I would like to know if Ms Myrie was to go to the US and was denied entry, would she bring a case before the US Supreme Court? Similarly, if she went to the UK or Canada, would she take the governments to their Supreme Court? Does Ms Browne and Ms Myrie not know that you HAVE to satisfied the immigration requirements of the country your are attempting to enter? She should be glad that she was in Barbados, she should hear stories of the condition of detention centres in the big countries!

    We will wait and see!

  37. pat#2 Avatar
    pat#2

    Yes David a visitor’s intended address is very important. But did Ms Myrie pull the name out of a hat? The lady knew who she was coming to and that is what she told immigration. So what is your point. This whole issue is just a big lie. If Ms Myrie is lying then based on the evidence immigration is lying too.

  38. Negroman Avatar
    Negroman

    This case is a classic.I do not believe that Myrie wants Barbados to pay her $1,000,000.00 for breaching our immigration policy.
    If Shanique Myrie and Jamaica ever had to win this case,I am calling on all right thinking Barbadians to demand that our government review our position with CARICOM with the idea of us withdrawing from it.Barbados does not need CARICOM & the Caribbean for its survival.We can adopt the Bermuda,The Bahamas,Cayman Islands policies of participating fully in Caribbean issues.
    If Shanique Myrie wins this case,only divine intervention will help Barbados from the marauding Guyanese,Jamaicans,Trinidadians and other Caribbean miscreants that will be invading this country.

  39. ac Avatar
    ac

    Now is it a remote possibilty that the CCJ can point to the garcia release based on the fact that he is still by law an illegal alien is not being subjected to the rules and guidlines and have been giving entry into the country based on his history.By doing so Myrie could havealso be given the benefit of doubt for entry since she had might have erred in given the name of her host.

  40. Crusoe Avatar
    Crusoe

    @Negroman,

    How you could say that about your Caribbean brothers and sisters, stop being so insular and simple minded.

    The Jamaicans and Guyanese can offer a lot to our country and we to theirs, we Caribbean is all one.

    It is attitude like yours that cause this whole thing in the first place.

  41. Crusoe Avatar
    Crusoe

    @Gabriel ”When Errol Barrow pushed for the Law Faculty of the UWI to be located in Barbados he could not have foreseen the damage it would do to Barbados.Prior to that faculty coming into being here, Barbados had no Rastafarian/nappy hair social deviants walking about here thiefing and committing all kind ‘o crimes ”.

    ———

    What??????? What the france does a law faculty have to do with lazy ass no goods?

    I really wonder how you worked that one out, yo0u sure you not smoking some yourself?

  42. Negroman Avatar
    Negroman

    We can adopt the Bermuda,The Bahamas,Cayman Island policies of NOT fully participating in Caribbean issues. That is the sentence of the second paragraph

  43. ac Avatar
    ac

    I have been following this cAse closely based on the evedience i am in agreement with most of the comments…..However i have noticed thAt the CCJ justices vigourously cros examined the two policeofficers. … in respect to Myrie the CCJ said liittle or asked to substantiate anything she gave as evidence. I think they gave much lead way way in espect to her lawyers .

  44. David Avatar
    David

    @pat#2

    What matters is the intended address could not be verified and was subsequently proved to be questionable. There is a reason why the intended address is placed on the form.

  45. Gabriel Tackle Avatar
    Gabriel Tackle

    Crusoe
    To quote Errol Barrow ‘let me tell you the facts of life’.With the advent of that faculty in ’72 or ’73,Jamaicans,Trinidadians and all Caribbean law students desirous of pursuing law studies at the UWI,had to do so at Cave Hill.At that time, for Medicine you went to Mona,for Engineering you went to St Augustine and for Law you went to Cave Hill.Jamaicans started to come here out of necessity but it eventually got to the stage when they started bringing their social friends for visits as Barbados was very safe and the people were very trusting and decent and a lot of them got to live here and brought their ratty friends here for entertainment and the flood gates were opened and in came the ganja and the wutless men and women,bullers and wickers included.Big mistake this thing called Caricom.The sooner we get out of it the better.This nonsense of the highest court of Barbados listening to a woman of doubtful character in a case brought against the Government of this Sovereign territory Barbados and conjoined by the Government of Jamaica in their attempt to wrestle BD$ 2 or 3 mill from us taxpayers because our Immigration Officers and Police Officers sought to protect our borders from cheats,liars and pimps is
    a total embarrassment to the politicians who brought this upon the citizenry.

  46. nanci Avatar
    nanci

    I still dont understand why the police or whoever had to strip the woman down and search all her openings for drugs, I think that was to degrade her so I mean, people need to treat others with some resepect , its all about respect, so I dont disagree with what she is doing, she needs to come into barbados and conduct the case and laugh in whoever did that to her. People needs to stop being so bias against jamaicans and other west indian people coming into barbados.

  47. nanci Avatar
    nanci

    why is police doing cavity searches, the woman had the right to refuse that inhumane behavior and enjoy her vacation, I dont see nothing that she was a drug dealer, bajans go to all countries over the world and dont get treat like that, the police only wanted to look up someone’s behind, that was inhumane behavior and that was sick to the bone. Let them visit and then a certain time they would leave, or deport them but still use some respect towards them. come on.

  48. nanci Avatar
    nanci

    I agree with pat#2, there was no reason for policemen or women to treat this woman like that, after all she was only coming for a visit, no need to search her vagina and other places and then they all laugh, what a bunch of ignorant police people, and they state that the island is a friendly place and embrace all people. I feel very bad for this young woman, and the police should be fired, professionalism should be practiced on and off the job. I see Americans come in and just walk through, so this woman is a face for the rejected, everyone cant come from the US , Canada or Europe, white and have money, some bajans are hateful and prejudice. The police have no right searching the woman private area.

  49. David Avatar
    David

    @nanci

    How do you know that Myrie was cavity searched?

    If she was cavity searched how can it be proved?

  50. ac Avatar
    ac

    understanding that she had peresumably lied.the question still to be answered is not giving correct information of place of abode enough grounds for revoking myries entry .some how i believe not since myrie had enough cash to go to a hotel .i believe that the CCj might take more into consideration than she lied about her place of abode and that she could have been permitted entry.

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