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Submitted by the Mahogany Coconut Think Tank and Watchdog Group
Alair Shepherd QC
Alair Shepherd QC

The behaviour of a Queens Counsel toward a female judge, in Barbados, is another manifestation of the disrespect being displayed toward our women. According to published reports, the Queens Counsel demonstrated his displeasure with the judge by lifting his robe, backing the judge bending over and inviting her to kiss a part of his anatomy.

This single act reveals that disrespect for our women is now rampant at all social and educational levels. We will remain in the forefront of calling for our women to be respected but there is a bigger picture emerging here. Our Caribbean societies have always elevated some professions beyond godlike status. The medical and legal professions have been the chief beneficiaries of such adulation.

While we have had the occasional professional problems with our doctors, we suggest that such incidents have been for from widespread. We can therefore, with some objectivity, concur that the medical professional has maintained high professional standards. However we are aware that some will suggest that unprofessional conduct within the medical professional is not usually made public.

However, we have the legal professionals constantly escaping censorship for unprofessional behaviour. Sometimes they are given a slap on the risk or allowed to flee the country, leaving clients in financial shambles. It is essentially a group with entrenched support in the now powerful political managerial class. To put it bluntly, they are allowed to behave as if they are above the same legal system, they were trained to protect.

While we do not claim to be experts on the legal profession, we are aware that a Queens Counsel is considered to be a senior lawyer and have some professional privileges. We also understand that their fees reflect their professional elevation. We are therefore concerned that their needs to be better screening of those being elevated to the professional heights they enjoy.

While the Chief Justice may be expected to become involved in this sordid issue, we are uncertain of his reach. While we will expect him to at least comment, it will be folly to put pressure on him when this kind of professional vulgarity surfaces. We must bear in mind that this is more of a physical and personal assault on the judge than an outright legal question. We however believe that if a professional code of conduct has been seriously breached, that nothing short of censorship and the removal of Queens Counsel privileges are to be expected.


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  1. Rubbish. It is moreso a disrespect of the abilities of the individual, than as a woman. Don’t jump on that bandwagon, when allegedly the real reason appears to be quite different. Sure, sweep the alleged real reson under the carpet and build a straw man argument instead.

    Now, on the question of disrespect……


  2. Your suggestions for punishing Alair Shepherd’s behaviour also amounts to a slap on the wrist. He should have been treated like any common lout who goes to court and misbehaves. A non lawyer behaving in this manner would have been arrested and taken back before the same judge and asked to show reasons why he should not be imprisoned for contempt.

    I understand that QCs have privilege in courts but that privilege does not extend the inviting a judge to kiss his behind. Any other person would have been in Dodds Prison and by now several of his fellow inmates would have taken up the offer.

    Sometime ago, I had reason to go before the court and when I discovered who the judge would have been; I told my lawyer that I had a difficulty with that particular judge hearing my case. My lawyer went into the judge’s chambers and made my objection known. I was then summoned by the marshal and I went into the judge’s chambers. He asked if I had a difficulty with him hearing my case and I politely answered, “Yes sir”. He then asked if I think that he would betray his oath, and again I answered, “Yes sir”. He then carried on for a while, disrespecting me I might add but I never occurred to me that I had options. Then again, I do not wear silk.

    Alair Shepherd should be waking up at Dodds this morning: justice demands no less.


  3. Can a QC designation be “decommissioned’.

    http://en.wikipedia.org/wiki/Queen's_Counsel


  4. What reason Crusoe for such disrepect? Next you would say that he has a “constitutional Right”
    Right Crusoe!


  5. Alair license should be suspended AND he should Issue a Public Apology to the Judge.


  6. The issue here is about a senior lawyer who has been conferred the privilege of QC showing disrespect to a sitting judge. This is the issue.

  7. Just looking on. Avatar
    Just looking on.

    The question of disrespect is worthy of discussion but as CRUSOE suggested , please redirect it from the sex of the judge . As a matter of interest it is worthy of note that Mr Shepherd as reported in the NATION said that he would refuse to discuss a matter which took place between himself and the judge IN PRIVATE. How then do you discipline him if it was not in the face of the court?


  8. @ Sir William

    We are all members of Mahogany Coconut. However on this matter we would want to present the other side of this issue. A side that might appear to the unsophisticated to support Alair Shepherd. We plead that we have no such brief. Our point is that there is a pervasive kind of ‘unearned respect’ assumed by those in authority in Barbados and expected from all others. An artificial construction that on the one hand allows intemperate, politically affiliated, unschooled, powfle-foolish, classist, overly biased people to sit in judgement of others. On the other hand, it presides over decades of police beatings, torture, unfair punishment, illegal detention, illegal killings, a backward prison system, the incarceration of poor people. In short, a criminal-justice system that represents the modern slave economy.

    We are well aware that our comments will attract the ire of a dominant current in the Barbadian society that has law & order as a central pillar to its conservative or monarchist leanings. Amongst this current are mainly poor people who receive no real benefits from the system they slavishly support. But yes, it is high time that Bajans tell these people in high places to kiss our collective asses. These people who demand an unearned respect. Elites who have been sucking the life’s blood from the society. A wider societal rejection of all that they stand for will not finish with a ‘kiss my ass’ but a more just society. Not only judges, general disrespect should be properly directed at lying politicians, policemen, priests, backward teachers, custom officers, credit union leaders, workers’ union leaders, useless university academicians. All the people who continue a system that for the system’s sake. KISS OUR ASSES!


  9. @ Just looking on

    If it is as reported then it is obvious it was a premeditated act. The item highest on the “Things to Do’ list of the CJ is how to kick this jackass from walking the hallowed corridors of te Justice Centre.


  10. It is the ultimate disrespect that one individual can show to another far less a perfessional t another. I disagree some what with David on the isssue of gender. He should be reminded that women of the pass more so than men engaged in this form of misconduct towards each other.
    The issue does not speak to the gender of the victim but more so to the mentality of Mr Shepherd. He has certainly loss all respect for himself and therefore seems incapable of respecting any one irrespective of their gender. In essence he has also disprected himself sand he is male.
    What I is believe that this behaviour should never be tolerated and what ever legal sanctions can be imposed he should face the heaviest of penalities.
    I also believe that any right thinking Barbadian should desist from doing business with him. This is certainly a national disgrace.


  11. @David,

    I quite understand he may have stepped across, the line. However, on the other side of the coin, you yourself criticize the curetn state of the justice system which has become inept, yet when a senior lawyer, vents his frustration, admittedly over the top, but vents, you jump on his ‘tail’.

    Reality, is we will soon be seeing much mkore of this, albeit the more restrained ones will do it / are doing it, where /in a manner there can be no repercussions for themselves.

    This issue (state of the justice system) has now become so serious it is not funny anymore.

    You put inept people in place, this is what happens.


  12. @ David
    Your point in anti-developmental. Instead of prison the CJ should ask Shepherd to be a Judge.


  13. You david you can be very selective in your reasoning. However the issue of ALair asking a Woman judge to technially kiss His ASS is relevant to the issue wether you think so or NOT!

  14. Just looking on. Avatar
    Just looking on.

    @ David
    The report going around also suggests he was provoked ! But does the CJ have the authority to do as you suggest, justifiable though it might be?


  15. ”ac | April 13, 2013 at 7:41 AM | You david you can be very selective in your reasoning. However the issue of ALair asking a Woman judge to technially kiss His ASS is relevant to the issue wether you think so or NOT!’
    =———-
    David et al,

    Has ganja been legalized? Seems ac is using something that is affecting her reasoning…

    Woman, man, whatever, it is irrelevant to the issue. Judge, individual, yes woman…irrelevant.

    The ‘infraction’, is relevant to the position and the instance. Any gender issue cannot be included therein.


  16. @ David

    All of your comments so far are aimed at the protection of the status quo. That is a predictable response. Why not try using this as a teachable moment?


  17. ac | April 13, 2013 at 7:11 AM | What reason Crusoe for such disrepect? Next you would say that he has a “constitutional Right”
    ————-
    Ahhhhh. THAT last comment. IF in private……..remember, he IS long learned lawyer, surely he knows how he stands??

    Lol…And the case weill eventually end up before the CCJ, IF it went that far. Remember, we are operating on ‘allegations’ not FACT.

    LOLLLLLLLLLLLLLLLLLLLLL!


  18. The two of them ain’t like one another so if in private meeting Alair beg she to kiss is ass, what the problem? All fair in love and war. How many judgements is Alair awaiting from this judge and what is that average length of the delayed justice?


  19. The judge should go write some judgements rather that working from 10 til 2 Monday to Thursday and 11 til 1 on a Friday

  20. Just looking on. Avatar
    Just looking on.

    The report going around is that she turned up for court at 12:30 pm that day and Shepherd blew his top .


  21. @Pacha

    Your first statement on this particular blog is oxymoronic. How can we condone AS(S) behaviour when he as a senior actor in our justice system does what he did. BU would have supported him if he had gone on a hunger strike but not bring the very system which is charged with dispensing justice in to disrepute. The fact we are having this discussion points to where we are anyway.


  22. @ David

    On this one we can say ‘KISS MY ASS’ over and over again. And you can’t moderate (smile).


  23. @Just Wondering

    That is like a teacher hearing that a teacher reported for work at 12.30PM and did same. He would have been better advised to keep the behaviour for the principal. Why didn’t AS(S) moon the CJ?


  24. @ David

    We were not aware that you were the self-appointed protector of a wicked system. We always thought that social justice drove your thinking. It is a wider social justice that is needed not the consolidation of the personal feelings of a particular judge. Or the reflexive defense of the establishment. An establishment that Shepherd is part and parcel of.


  25. If Madam Sonia Richards was coming to work ON TIME and doing what she is being paid for by the taxpayers of this country, QC Shepherd would not have time to disrespect her. Those female judges are a law onto themselves. They are lazy, incompetent and might I say are on the bench because of connections.. Thank God for Chapter 7 the Constitution of Barbados, they are well protected. C.J Marston Gibson is another jackass. I would like to see him reprimanding QC Shepherd. It would be like the slave talking down to the planter. (wait for it)


  26. @can’t wait

    The point here is that a senior lawyer skinning their pouch at a judge adds to the problem. He should have pointed his anus at the CJ if he was so moved or the Registrar.


  27. @ David
    Your reasoning here is warped.
    If we had a reasonable working court system then of course you would be bang on target….
    ..but in circumstances where we have established OVER AND OVER that our courts are totally F(rigged) up, have you considered that Shepherd may be the hero here – who have at last chosen to draw a line and shake the system?
    …besides, there is NO WAY that Bushie will be going to bat to defend no damn judge who have all the powers of the Court, State and Law to defend herself and even to protect the poorest and weakest among us…. Wuh she must know why she ain’t do nothing bout the busing…..
    Just shows that she is indeed inept and perhaps fully deserving of the gesture…


  28. @Bush tea

    AS(S) helped to make the system what it is. What did he attempt to do in his capacity as President of the Bar Association? Like most people we only get emotional when it hits home. Didn’t Caswell comment that Richards and AS has a long running disagreement going on here? Imagine after years of pumping money in education, paying 60-70K to educate these lawyers at UWI what do we get? A moribund system. And who make up a significant seating in our parliament?

    In the mean time our nation’s youth are looking on.


  29. Our judges boast of their British grounding yet we ignore the underpinning of how the UK system operates.

    Here is a news release from the Office for Judicial Complaints 2011-2012.

    Here is an article from the Telegraph which details several disciplinary actions taking against officers of the court.


  30. Alair has always struck me as disrespectful to the people of Barbados, his bread and butter…..the reason?………….he is too well respected……Sonia Richards is a wimp and has to shoulder some blame……..I would have had him spending a week at Dodds for his nasty ways…………I am sure he could have handled to situation better, being a lawyer and all and also a qc. That’s what you get in a system where respect is one-sided.


  31. HCaswell Franklyn | April 13, 2013 at 6:48 AM |
    Your suggestions for punishing Alair Shepherd’s behaviour also amounts to a slap on the wrist. He should have been treated like any common lout who goes to court and misbehaves. A non lawyer behaving in this manner would have been arrested and taken back before the same judge and asked to show reasons why he should not be imprisoned for contempt.
    Alair Shepherd should be waking up at Dodds this morning: justice demands no less
    ———————————————————–
    First time I’m in agreement with you notorious Caswell. Alair Shepherd is despicable as is much of the lawyer class. A lot of them are not too educated but having gone to law school have an air of superiority and smugness which is sickening. I once had a case with Alair Shepherd and stood up to him. He didnt like it and wrote some nasty things.

    People like Shepherd should not be in positions to make decisions which affect people’s lives.
    His race should not be discounted either his crude arrogant behaviour is typical of his ethnicity. I’m calling on the CJ to deal with the goon hiding behind silk like he would deal with a drug smoking boy on the block. There really is no difference. Lawyers input to the advancement of our society is very little. They are parasites. No way a lawyer should be earning more than a nurse,policeman, fireman, teacher or construction worker. As an overseas Bajan I’ve paid the price trusting Bajan lawyers.There are exceptions like the PM and late david Thompson but the rest are nothing more than common criminals.


  32. ac | April 13, 2013 at 7:19 AM |

    Alair license should be suspended AND he should Issue a Public Apology to the Judge.
    ++++++++++++++++++++++++++++++++++++++++++

    There is a list of attorneys published who do not obey the law and do not pay their registration fee to obtain their practice certificates.

    Each day that one appears before a judge to “practise” his/her profession and the judge listens to him/her is another day that the whole system is debased.

    No one seems to want to deal with the mess, neither the Bar nor the Attorneys who toss out unconstitutionality as a reason for their transgression.

    The CCJ raises the issue of delay of judges repeatedly when cases come to them …… nothing seems to get done.

    There are constant complaints for the Registry.

    We see Plantation Deeds repeatedly referring to the alleged fraud perpetrated on citizens.

    All stakeholders in the system have a problem.

    Nothing seems to happen.

    Somethings gotta give!!

    There may well come a time when Alair Shepherd is recognised as the catalyst for change.


  33. Watching……..sorry to have to tell you, but there has also been complaints against Thompson as well as Stuart……you were just fortunate you did not become a victim.


  34. @ David
    “What did he attempt to do in his capacity as President of the Bar Association? Like most people we only get emotional when it hits home. Didn’t Caswell comment that Richards and AS has a long running disagreement going on here?”
    *************
    Come on David…. If you go down that line – …Bushie can be devastating outside the off stump….

    You remember that the same Caswell was effectively assistant CJ?
    How come with all that he knows he did not change things then?

    …the answer is that the SYSTEM is stronger than any individual.

    Crooked systems can make the best of us look like serious criminal morons to the unknowing public….
    Wuh everybody thought that the current (preciously radical) president of the Bar would have changed things too….
    ….he like he can’t even change the drink menu… LOL

    An old boss of Bushie once advised that wisdom means than when dealing with kings, one should be royal. When dealing with saints, be good…..but when dealing with Brass bowls…..moon. 🙂


  35. Whether the judge was on the bench or not is irrelevant here, the matter is in the public domain. Until removed or retired, she is a judge of the High Court in Barbados and was disrespected in that capacity in a system which criminalizes indecent speech. If counsel needed relief from judicial oppression or incompetence, there are myriad ways in which Queen’s counsel could initiate action to obtain such relief. The QC’s reported apology is an acknowledgement of error. Now remains for the judge to take to the bench, assess the residual harm and act accordingly.


  36. @Bushie

    Isn’t the radical who leads the Bar Association now a QC?


  37. “The general public are not even aware of major decisions that will determine their fate, hence are in no position to influence them”

    Noam Chomsky


  38. @ Bushie

    You are a natural progressive. These minions are unworthy of your presence


  39. @ David

    We know Chomsky well. We recently attended his wife funeral. We communicate with him several times a year. We have read many of his more than 100 books and hundreds of his articles and scholarly works. That Noam, of all people, an unrepentant and self-defined anarchist, could be used to prop up your establishment arguments represents the height of incongruity.


  40. You bunch of self-righteous grandstanding pillars of the community with your mock indignation. Yes, Shepherd’s actions are crass and beneath his anachronistic QC title, but what about the daily Kiss My Backside shown to the entire population by those at the top?! Put him in jail? What about Parris, Taylor, caught red-handed lawyers stealing from clients, those whose crime is mismanagement of a nation? Barbados has far bigger, far more catastrophic issues to deal with this outrage at buffoonery; at least he didn’t brandish a weapon, or curse into an open mike for the world to hear.


  41. @Pacha

    You and Bushie may view BU’s position using Chomsky’s quote as an ‘incongruity’ but some of us out here understand that we have to be intelligent when trying to manage change. Despite its flaws it is what we have and the implication of a collapsed system is far worse.


  42. It seems you all don’t know the laws of barbados,a private citizen can tell a judge out of chambers to kiss his ass ,but cannot do the same to a police officer,let me state that no laws were broken by mr shepherd…


  43. @ David

    There is no change process anywhere in Barbados. The management of change is another thing and we happen to have some practical knowledge about that. You talk all the time about change but when an opportunity presents itself to ignite change you, not unlike the average Bajan, recoils.

    Whose intelligence? The establishment’s? What about the collective intelligence of all the people?

    So David we have long come to the conclusion that you were never been serious about any type of transformation in Barbados. You would like the establishment to be kinder and gentler and change its face – better marketing. But you never saw and will never see the need paradigmatic transformation

  44. Carson C. Cadogan Avatar
    Carson C. Cadogan

    I have to hear the whole story first.


  45. @Pacha

    Which online medium that you are aware published the name of the AS (S) and picture which is currently bouncing about FB? We have our approach which you obviously don’t agree BUT this is good because we all come from different places.


  46. @ David

    By the way. We think that Bajans have the most beautiful lexicon of curse words in the world. We are compiling a book of them and consider ourselves as highly proficient in the same, as you might have notices. Are we going to waiting for the English to steal our language and annex it to theirs? Why should this most adroit language to demonize or criminalize or not used regularly in public places? Shepherd’s foundational expression will rightly serve to give legitimacy to all that we could be.


  47. @Pacha

    We know the traditional media will not join the fight because it has been bought. The NGOs operate as creatures of the system. BU will contiue to poluute their memory and legacy. No free passes any longer.


  48. Good morning all,I am just an ordinary store clerk,who had matters dealing with the court system which is not fair to the ordaniry person like myself.Magistrates are never early and its ok but if the accused is late a warrant is issued furthermore had i done the same as the QC my ASS would be still at dodds on remand until the magistrate(s) felt like hearing or seeing me.

  49. Carson C. Cadogan Avatar
    Carson C. Cadogan

    To me, this action by Alair smacks of PURE UNADULTERED frustration on his part.

  50. Carson C. Cadogan Avatar
    Carson C. Cadogan

    DAVID

    “No free passes any longer”

    ….but that does not apply to your BARBADOS LABOUR PARTY.

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