Tales From the Courts – Judges Fiddling On the Bench Assisted by Registrar Marva Clarke Part XIII

Prime Minister Fruendel Stuart

Prime Minister Fruendel Stuart

BU has come into possession of a list of outstanding decisions before the Barbados courts as at November 2012. It is a daunting list that in any other jurisdiction other than Barbados, would mandate that the delinquent judges be censored and their resignations demanded forthwith.

BU makes one caveat on behalf of Mr Justice Randall Worrell who is in an unenviable position not of his making. Former Chief Justice David Simmons invited Justice Worrell – a highly successful criminal counsel – on to the bench specifically to try criminal matters and therefore speed up the process of the courts, lessen remand periods etc. Once installed on the Bench, however, the Registrar persisted in scheduling civil matters, some of them extremely complex, before Justice Worrell. While at the same time, ensuring that he could not do justice to the civil matters by constantly involving him in assizes for which he had been brought on to the bench in the first place. Justice Worrell must now find the time to write his decisions in civil matters, as well as to complete part-heard matters that have commenced hearing before him, as mandated by the Administration of Justice Act Cap 109b of our laws. This is the main reason that BU has not gone after Justice Worrell for delinquency. However in the final analysis, Justice Worrell, whatever excuses can be posited on his behalf  will ultimately find himself joined in actions under the Constitution brought by litigants against the Attorney General for breach of the constitutional rights through delay. BU is well aware that there are a number of such actions for delay…but predictably these actions for delay are themselves egregiously delayed by the incompetence and corruption of the Registrar and the Registry.

There is a good case for Marva Clarke to go the way of the Commissioner of Police. The list confirms the unacceptable scheduling methods and practices of the Registry – grounds for the dismissal of the Registrar!

What also disturbs BU is that there are decisions outstanding from Justice Lionel Greendige. Justice Greenidge RETIRED in about 2004 and has been the recipient of a judge’s pension ever since. That notwithstanding, he is required to complete and submit his judgements and he can hardly complain in retirement, of overwork – the excuse the CJ expects us to swallow for the delinquency of the rest of the judges named.

BU also fails to understand if the Court of Appeal sits for only three days a week, it cannot get its decisions out in a more timely manner. Most alarming of all, however, is that in the case of Civil Appeal No 15 and 16 of 2000 entitled Edilberto Munoz Coronel & The Superintendent of Prisons & The Attorney General and Jimmy Marques Nagles & The Superintendent of Prisons & The Attorney General, this matter still appears on the list of reserved decisions, meanwhile of the justices of appeal that heard it, Waterman AJ is retired and Williams AJ and Worrell AJ ARE DECEASED.

In addition to the list BU offers an illustrative breakdown. 

MADAM JUSTICE CORNELIUS

Date filed

Date last heard

Name of case

2001

2011-01-07

Wendy Newton v The Transport Board

2006

2011-06-02

Ibrahim Noumeh v Bhanmatie Srigobind (1st Defendant) Awad Sookram (2nd Defendant)

2007

2010

Pearson Leacock and the Attorney General

2007

2011-05-05

Tyrone Bishop vs Lorna Ward

2008

2012-11-01

Tropic Ice & Ice Holdings v MADJ & Iceberg

2010

2010-12-16

Allan G Seale et al vs Chris McHale et al

2011

2011-03-11

Richard Glendon Ishmael v the Queen Elizabeth Hospital Board

An alarming trend of bias in scheduling is revealed here. It has not escaped the attention of BU that money speaks loudly. We note that the least delayed of these cases are that of Allan G Seale et al vs Chris McHale et al (filed in 2010 and last heard on December 16, 2010 – how did it get heard so quickly?) AND Richard Glendon Ishmael v the Queen Elizabeth Hospital Board (filed in 2011 and almost instantly heard on March 11, 2011). This last case was highly covered by BU as it impacts on the very matter that BU family member, Old Onion Bags, is trying to use to divert attention away from Payne v Hinckson – the matter involving Dr Alfred Sparman.

We continue:

MADAM JUSTICE SONIA RICHARDS (mooned by Alair Shepherd QC)

Date filed

Date last heard

Name of case

2004

2011-10

Ralph Smith and Marlene Smith

2009

2010-11-26

Katrine Serieux vs Mirla Serieux

2011

2011-09-01

Steve’s Building Works Ltd. Vs Millennium Heights Development Ltd.

2011

2012-07-26

Woori Bank (Claimant) v New Pi (Hong Kong) Investment Co., Ltd. (First Defendant), Mountain Breeze (Barbados) SRL (Second Defendant) and Yingbo Limited (Third Defendant)

It would seem that, by the lamentable state of Barbados’ judicial standards that Madam Justice Richards is a paragon of speed and efficiency. However, in any other jurisdiction, except Barbados, this is a lamentable and unacceptable record. It also further highlights the delinquency of the Registry in setting matters down for hearing, as well as the fact that, in Barbados, access to the courts certainly appears to be the province of the wealthy. The authors of Magna Carta must be spinning in their graves.

MADAM JUSTICE CRANE SCOTT

Date filed

Date last heard

Name of case

2006

2012-02-15

Tyrone Phillips v Barbados Port inc. Ezra Forde and Cargo Handlers

2007

2009-11-16

Geoff Tucker vs Southwinds Hotel and Beach Club (Trading as Divi Southwinds)

2008

2011-04-01

Keithley Boyce vs the Attorney General & Carlos Hall

2009

 

Woodbank Investments Ltd First Claimant Christopher Andrew Mchale Second Claimant and Anthony Da Silva First Defendant Innotech Services Ltd Second Defendant Caribbean Lifestyles Ltd Third Defendant

2009

2011-04-01

Host Marriott LP and SLC Recoveries Limited v John Richard Lynch

2009

2011-04-15

Barbados National Bank Inc. and RBTT Bank Barbados Limited v Econo Shopping Inc., Pauline Anne Grant, ICE Records Limiteda and Degroot Investment Limited

Once again, the trend of prioritizing the money boys over all other litigants is very clear.

BU feels the point of has made by extracting from the list. However, BU is alarmed that, after only just taking office as CJ and having sworn to uphold the Constitution of Barbados, the CJ is listed as being one of the delinquent judges who has breached the Constitution almost as soon as he swore his oath on the Bible to uphold it. He has joined the judges in delinquent decisions running into years. He is hardly, therefore, in any position to recommend the sanction of judges for breach of the Constitution – so the buck stops at the PM. Come on, Mr. Prime Minister,  let us all see the size of the balls you have grown having received your own mandate from the electorate.

92 thoughts on “Tales From the Courts – Judges Fiddling On the Bench Assisted by Registrar Marva Clarke Part XIII


  1. Did you not hear ……”The judicial system is open to evabody, but justice only is for the well connected”…..(Brass Tacks commentator).


  2. Cornelius has some criminal matters pending as well, such as an aggravated burglar pleading guilty early in 2012, and not yet sentenced.


  3. 2002,2004?

    Are we reading correctly folks?

    Should this not be an alert to declare a state of emergency?

    Davild Ellis, over to you!


  4. Well Well , its seems Plantation Deeds words coming to light. dont for get to add Violet Beckles in the mist of all this , I see one of the crook judges name in the paper looking to help other claim land they never bought , So much land and no owners nor family yo be found , That a fraud by it self.BU have some many crook names in this heading alone , they reach their top to cover more fraud and delay justice ..far from over,


  5. @David. I am happy to say that I have just been most reliably informed that Marva Clarke has resigned as Registrar effective at either the end of this month or next month (I forget which). All I can say is “GOOD RIDDANCE!!!!!”


  6. Same point we have made long ago about the decadence, incestuous nature of the society. Why are we not surprised that ‘more equal’ justice is consistently rendered to moneyed interests. Barrow was right ‘if you want justice stay out of Coleridge Street’ or a little further across.

    Circa 1965, Nkrumah posited that neo-colonialism will be the final chapter in exploitative imperialism. All the signs are there for us to see. We are at the end of an age.


  7. Now we are getting somewhere. The BU spotlight wukking…
    The commissioner was an excellent start and Marva a great number two.
    Now if we can PLEASE have the next 100 jokers (who all know who they are) do what they KNOW is right …..they will make it much easier for all of us….

    BTW
    ALL WANT-TO-BE REPLACEMENTS BEWARE.
    DO NOT TAKE THESE JOBS IF YOU KNOW THAT YOU CANNOT DO JUSTICE TO THE RESPONSIBILITIES THAT COME WITH THEM.
    TO BE FOREWARNED IS TO BE FOREARMED.

    Hmmmmm
    DPP rhymes with the number three….


  8. @Amused

    Like Case we wait with baited breath. She has been a stakeholder who has failed the system and worth a separate blog when the info is confirmed.


  9. @peltdownman | June 20, 2013 at 8:36 AM | A wise and prudent observation by you. I am tempted to be flip and say that almost anyone would be better, but you and I both know that with the unbelievable mess at the Registry, it is going to require a really top person who is bright, an excellent lawyer, possesses an excellent grasp of technology, has first class people skills to deal with an increasingly disgruntled public and counsel with courtesy and consideration – but most importantly is a hands-on person who will encourage the staff, but is also tough enough to fire any staff who will not do the job.

    Nostalgically, I think of the days when Mr Rocheford was the Registrar. Registry staff and law firm staff and counsel had automatic right of entry to his office when the door was open – and it was mostly open. He dealt with matters with dispatch and unfailing courtesy and consideration. He would NEVER have tolerated the excuse that files had been lost, nor would he have allowed a judge to have to ask for a file so as to hear a case – it would have been there in front of the judge well in advance of the hearing of the case. And as for the scheduling of hearings, well he would not have stood for this mess for a moment. Obtaining birth, marriage and death certificates was a simple matter and probate of estates was completed within 6 weeks.

    @Casewell. We do agree often. And I have never looked on disagreement as a bad thing at all – the contrary. And I must tell you that the happy day is indeed upon us. So break out the XO. I drink mine with just ice – and you might also like join me in a toke of the green green grass of home and then in an orgy of corn chips and iced cakes.

    BUT, listen to the BUSHMAN, all ye who would step into these vacant shoes, like COP and Registrar and soon, with luck, DPP and 80% of the Bench. If you cannot do the job, don’t take it.


  10. Can anyone believe that Depeiza & McClean who never won a seat in any of Barbados Parliament having comment on DLP TV about the controversy with the firing of the Police Chief? It is a absolute disgrace!!!!!, & Bajans teking it all like good old field workers in the days of the Plantation owners, ( the PM made that remark ) don’t know if bajans remember.


  11. Yo ma man JUST ASKING

    Nice to see you back…..warning though, keep away from the Land of the Flies…..they consuming ..glottis flapping ..and muchly deliberating on SHOITE..ah notice Bushie’s distance for now, ……best part is shoite duz dry crusty hard in a matter of weeks…den flies swarm for mo…


  12. Interesting to note the absence of discussion around why Gibson should have any decision which is outstanding for an unreasonably long period. This is the man we promoted to be at the vanguard of slashing the caseload. Yet he has time to thoroughly enjoy himself on the social trail.


  13. Am I the only one who is noticing that all these Judges are WOMEN?

    What is the message here?

    The registrar is/was a woman too?


  14. Carson……….the females entered a corrupt system created and maintained by men, though i blame some of them for participating and enabling.


  15. onions

    If that is all JUST ASKING could return and say, he should have kept off Barbados Underground.


  16. Well Well

    That cant be true.

    Amused said, “Nostalgically, I think of the days when Mr Rocheford was the Registrar”. I am assuming that “Mr. Roachford” is a man.

    It would seem to me that women are able to handle theses jobs. I could be wrong? But the evidence seem to say that they are out of their depth.


  17. Carson………….as i said, i blame some of the females for participating in and enabling the corrupt system started and well maintained by men, females have not been in that system very long and it has always been known to be corrupt.


  18. Carson……………you have the final word, you can always tell me that the system only got corrupt since women entered the political arena and the judiciary.


  19. Question time:
    To: Erine Griffith Chief Immigration Officer
    Tyrone Griffith CoP (ag)

    Subject: Why
    Messers Griffith, why is your nephew still working at the Immigration department and stationed at the Grantley Adams Airport after he was found with a gun, bullets and drugs/dope.
    The same said nephew who, when slated to work overtime over and above others, turn up very late for duty because “my aunt is the chief”. Talk about nepotism


  20. About these cases: How cum George Edghill’s case was heard and judgement handed down so soon. The justice systems in Barbados is about who you are.


  21. @ Lila Harris
    “The justice systems in Barbados is about who you are.”
    ********
    …but Lila, according to Tired, so is our immigration department. So why are you suggesting it is about ‘ getting at’ Ms. Griff?
    Can you tell us then that the accusations are false?….please…!!


    • Can anyone remember when the blogs started to bring the focus on the police and judiciary and we were pilloried by traditional players? Now we have reached the point where former Inspectors of police and lawyers/judges are coming public to speak to the many problems plaguing the two important organs of society.


  22. @ David
    …so what you want? A prize?
    This is to be expected.
    Are you aware that if you had listened to that idiot Ossie Moore and used your real name – instead of being “pilloried”, they would most likely have crucified your tail by now? …..and Bushie’s too…?

    …and if you are thinking that anything has changed you had better wake up fast….um may be even worser now….

    …so PLEASE continue to be vigilant and careful as you execute the works of BBE in promoting TRUTH, TRANSPARENCY and INTEGRITY in our public life.

    ABOVE ALL…..let us continue to abuse and ignore (and ban them nuh!!) the brass bowl idiots like Carl (Ossie the second) who otherwise would have our collective behinds in the grass……

    Lol ….and you would NOT be comfortable in the bush
    – like Bushie…. 🙂


    • @Bush Tea

      Carl Moore is from a world which makes it impossible to understand what is required to respond to the parlous times which confront us.

      The fact that after decades of trying he has not been able to gain traction to is noise pollution cause is evidence that walking a trodden path will not always get you to your destination.


  23. @CCC. I dislike gender bias. The role of Registrar started to go south when Mrs David Simmons took it over and apart from the brief tenure of Michelle Weekes, it has been shite ever since – and guess who appointed all these losers? David Simmons, as AG and then as CJ. So, it seems to me that the rot was caused by a man, not a woman.

    And yes, I think there is a disproportionate number of women on the Bench. Agree with you there. Would you care to tell me how many of them are former registrars, either of the land registry or the supreme court? You might quite rightly say that a disproportionate number of them are former registrars. People with no practice experience – in other words, a bunch of pen pushers who cannot even write a coherent sentence, but who have a “divine right” because they have sucked at the public tit and spread their level of un-civil service incompetence all their lives and been trained to look down on the taxpayers who pay their damned salaries and pensions, because they are entitled to expect that they should be paid for and elevated to a level of respect to which they have no right whatever.

    Personally, I would be interested to know when the role of Registrar became the secretarial appointment to which it has been reduced. We have taken people who have law degrees and never actually practiced law, who would be fired from secretarial posts because of incompetence and elevated them to the role of Registrar, where, secretary-like, the chuck their weight around as a therapy for their own knowledge that they are completely incompetent, both as lawyers and as secretaries.

    And they and the idiots on the Bench (most of them former registrars) have reduced the legal profession to an international joke, decimated our foreign investment and off-shore market, crucified our tourism, subjected us to the ridicule of the CCJ and courts around the world – and we pay these jokers wages and pensions for that?

    So, it is not a matter of gender – it never is – it is merely a matter of the unfortunate and politically/sexually/nepotistically selected losers who have elevated way beyond their brain-grade and placed in the position to compound their incompetence.

    But I stress this is not a gender issue. Stupidity knows no gender.


  24. At 3:32 Tired made a comment about the nephew of both the Chief Immigration Officer and the new acting Commissioner of Police. If the allegation about the possession of a gun, ammunition and dope is true how come he was not brought before the court?


  25. @Casewell. I somehow do not think this “relative” is going to get away with it this time. Sounds to me like he has a date before the courts – and his uncle has some explaining to do – likely to the same courts. Quite a lot of explaining, actually. Oh, but life is getting interesting.


  26. Barbados becoming more like a Dictatorship than a Democracy. Those who can get out will do so, which some have already started, but those of us who can’t, God help us!!!!, when have the likes of CCC who feel & think no one else should have an opinion contrary to His.


  27. I see nothing changes….in essence the usual round of mutual wanking, mainly over Amused who runs the show, by rather tired old men…plus Well Well, the just-about newbie, who has nothing to say and says it because she has to say something.

    Look fellas….who don’t you do your job properly and explore WHY at least SOME of these cases are where they are without all the cheap sensationalism and vituperative composing. You might start with the Pearson Leacock case at the top since he’s one of the fraternity. And then move on to the Coronel case, which you make much of, and ask Raul Garcia. And then you might ask Mr Nagles who I suppose, if alive, is in Colombia. You see, fellas, you continue to distort events and situations, rely on mere assertion as proof, and remain careless with the truth to further an agenda without a care about whom you defame as you go. And that’s not just shoddy. It’s downright wicked.

    Amused: WHY are you so bitter? Did they pass you over?


  28. @RR. Not bitter and not passed over. Just calling the shots as I and most others see them. Just one of the poor, peaceful and polite whistleblowers for the public good. Why do you ask? Since you were passed over by the electorate and may feel you are passed over when silk is being handed out, God knows why, are you looking for the company of other passed-overs? You will be pleased to hear that BFP is back up and running. The company you seek is there.


  29. Amused

    As for BFP and my contribution there…..kiddo there’s only one way you’d know. For the rest – gee you’re funny.


  30. David

    The issue is WHY they are outstanding. In principle, of course it’s not acceptable – but that, without more, is not a reason to allege corruption and incompetence.
    The conduct of Registry staff is assuredly not acceptable.
    Nor is it acceptable, given the backlog, for the CA to sit only three days a week if that’s the state of things.
    Nor, actually, is it acceptable for this CJ to be there at all – as I suggested to you from the moment he sought to make capital over the BA’s attempts to secure reform, a moment when for you he was a saviour whom Amused, and the other one now elevated, so desperately sought to ass lick.


  31. robert ross…………from your mouthings it appears that you are one of the useless lawyers residing in bim that only know how to act as a leech or tick, thankfully there is not much more left for you to feed on in Bim, sounds like you are getting desperate, hope i don’t see you in handcuffs soon. I would certainly welcome you in the part of the world that i am now doing some business, you would not last 5 hours.


  32. I stand by my comment…………so suck it up, the beauty about typing comments it is they are there for everyone to see and can only be removed by admin.


  33. Amused

    “@CCC. I dislike gender bias. @CCC. I dislike gender bias. The role of Registrar started to go south when Mrs David Simmons took it over”

    But I don’t understand you. You dislike gender bias but in the next sentence you say, “@CCC. I dislike gender bias. The role of Registrar started to go south when Mrs David Simmons took it over” , Is Mrs. David Simmonds a man?

    I read everything you say, but you still like you coming back to me whenever you done!!!


  34. CJ Gibson is on the news this evening touting ADR rollout in September with the pilot starting shortly. Why are we training ADR mediators? Don’t we have an ADR association?


  35. @David. It is not enough to just set up shop and say that you are an ADR mediator. I note that a member of the executive is Marie McCormac, the wife of David Simmons. Also that their daughter is listed as a mediator. I do not see a single major name on the list of mediators.

    Now, personally if I am going to enter into ADR, I would be seeking as mediators names such as Sir Denys Williams, Mr Errol Chase, Sir Frederick Smith, Mr Leroy Inniss…etc.

    I am going to watch all this with great interest and report back to you from time to time.


  36. Seems like a bundle of women again.

    They cant get one job done and you give them another similar job? And expect different results?

    What foolishness is this?


  37. Carson darling………….. it’s the nepotism that is continued to be practiced by both political parties incessantly. Th CJs speciality, i uderstand, is in ADR from when he worked in Long Island…..he knows he can never encourage the practice of nepotism in New York, but no one will stop him in Bim cause everyone is involved…that is the root cause of the problem in Barbados, women found the mess and instead of trying to make a difference with change, they want to be upfront modeling all the titles and perks that come with nepotism, they join in because their husbands or close relatives are closely connected to the corruption and that is how they feed, don’t blame the female players completely, blame the game that has been allowed to fester on the island like a truly disgusting sore for the last few decades, enabled and encouraged by both political parties.


  38. It seem as if CCC don’t like women, maybe if all men were on the bench he would feel better about himself. just asking


    • Just want to know

      Don’t be confused, there are two persons who use the name Carson Cadogan. Cammie Tudor once got a lift to St. Philip to see a young thing who turned out to be one of the CCCs. Need I say more.


  39. Any kind of serious and intelligent assessment of the characteristics NEEDED for effective leadership, ESPECIALLY IN A CRIME INFESTED, DISHONEST, GREED-FILLED WORLD points to the need for special highly motivated, strong willed MEN, WITH copious amounts of BALLS attached.

    We do not live in any play play world.
    Those nasty crooks have NO rules to limit their will to win and they relish the opportunity to deal with the effeninate jokers that put themselves forward as leaders.

    As a MINIMUM, an effective leader would NEED the BALLS of the Caswells / Adrians/ etc – to put their names and full Identities out there AND to take strong positions against vested interests..

    This TAKES BALLS!

    Good leaders must be uncompromising in their resolve to do RIGHT! Not prone to give in “just because someone threatens to kill you or your family – or even to GIVE you more money than you ever dreamed of having…”

    FEW MEN qualify….and…
    Fewer women…..of course,tThere may be the occasional woman with the required balls ….but not often…. 🙂

    The problem that we face is that such calibre of men are so rare, and the need for leadership so great, that women are FORCED to fill the breech….
    …indeed many of our socalled “men” are so poor and useless that we are LUCKY that we have women who can take up some of these positions…..HOWEVER, we cannot expect top notch RESULTS if this is the best that we can do…
    Women have a FAR more important role to play (and for which they are superbly designed) than national leadership.

    In a way, Carson is right, BUT …Um is the men who should be ashamed about the poor performance of women in leadership….


  40. Carson……………..i really need to hear your opinions on Mara Thompson, Maxine McClean, the other one who acts like her hair is wrapped too tight, can’t recall her name right now, think she is MP for St. Joseph and any other females in the DLP that currently suck money out of the taxpayers purse in Barbados.


  41. We often compare this poor little island adversely with other systems elsewhere. It leads us to say that, as compared with these places, our legal system, our police force and all the other paraphernalia of government is incompetent and corrupt. To a degree I find this criticism misplaced.

    I wonder how many actually know sufficiently about other systems to be able to say this. Cf the shocking succession of US scandals of late – and what else that we don’t know – and the shock waves in the UK some years ago following revelations of Masonic fingering in the judiciary and police.

    In UK there are in excess of 7000 criminal appeals mouldering in the Court of Appeal Office in London. To get leave to appeal takes a year or longer….and that’s only leave not the appeal itself.

    Police forces in the UK are known to be collusive and play every nasty trick possible to avoid unfavourable scrutiny – and particularly since new legislation minimizing the role of the Independent Police Complaints Commission.

    We live in a small place and there is a distinctive mindset, reflected on BU, which is naturally distrustful of ‘authority’ – and so the gossip rages. In larger jurisdictions the premise is reversed and the tendency is to respect authority or, more likely, to be indifferent to it, until something very obvious and rather terrible surfaces . It is much more difficult to ‘lift the veil’ in these places but I have no doubt that were we to be able to do so we would find the same levels of ‘nastiness’ as we profess to find here. It all burbles on under the cloak of respectability, the sheer size of bureaucratic structures and relative anonymity.

    In other words, I entirely concur with Bush Tea above when he refers to our “crime infested, dishonest greed-filled WORLD.” The problem with many of us is that we believe the ‘world’ extends only from St Lucy to the airport.


    • @Ross

      What are you suggesting?

      Because there is evidence that similar occurs elsewhere we in Barbados should take solace from it?

      We have our neck of the woods to manage and the fight continues. Join us or make excuses.


  42. I keep saying in other jurisdictions when corruption is uncovered, people go to jail or are exposed or pay in some form or the other, even in Trinidad politicians pay the price for their corrupt ways, there are no integrity laws in Bim, corruption is just business as usual, when the island joins the rest of the world in exposing, naming and shaming those who violate the taxpayers trust and victimize the same people who pay their salaries, then we can talk about Barbados being like everywhere else in the world.


  43. MAM does not have to comment on everything. Why did she have to say that there is tension between CJ Gibson and Marva Clarke? With the poor scheduling of cases in the Courts shouldn’t the CJ be pissed? Tell MAM shut up sometimes!


  44. @David. Truth is that there is a lot of tension between the CJ and Marva Clarke. He gives her instructions and she ignores them. Ditto the members of the Bench, who do just as they please, even down to not turning up for work. But the solution is in the CJ’s hands. Each and every member of the Bench has judgements that have been delayed long past what the Constitution indicates. The CJ is therefore in a position to invoke that same Constitution to have them removed. Judges cannot be liable for what they do. However, they can most certainly be held accountable for what they fail to do. The authority to deal with them belongs to two people – the PM and the CJ.

    It seems to me that Marva Clarke and the members of the Bench have decided that this CJ has no authority over them and they are going to take instructions from the CJ who put them on the Bench – David Simmons. And it is high time that the PM and the current CJ made it clear that this conduct will not be tolerated and started to remove this unresponsive dead wood.

    I also note your response to Ross. I want to tell you that Ross’ information is complete and utter rubbish. In so far as the UK is concerned, instead of the picture painted with no authoritative source identified by Ross, I refer you to: http://www.judiciary.gov.uk/Resources/JCO/Documents/Reports/COA%20Criminal%20Division%202011-12_web.pdf. I particularly refer you to the section entitled “Summary and Statistics” to be found on page 34 of the report. As you scroll down, you will note a subsection entitled “Average waiting times”. You will note a 7.8 month waiting period for conviction cases where leave to appeal was granted or the case referred to the full Court. You will also note 4.5 month waiting period for sentence cases. Then, you will learn that this (for the year 2011 – 2012) is a reduction of 1.5 months over the previous year.

    It will also be noted that the maximum number of cases outstanding for over a period of 10 to 13 months out of the almost 8,000 appeals received by the Court of Appeal was 85, while the maximum number of cases outstanding for over 5 months was 48.

    I have a friend in the UK Crown Prosecution Service and I asked them to look at Ross’ comments. They opined that this man has no clue what the hell he is talking about – with the added rider that he has clearly confused England and Wales with Barbados. I asked them to verify the E and W inhouse statistics on the average length of time it takes from appeal application (including leave) to the determination of the appeal and they will revert to me once they get to their office tomorrow.


  45. Amused

    You state that Marva Clarke and the judges take their instructions from the CJ who put them on the Bench – David Simmons – that is to say a retired judge. Gee he must be quite a somebody.

    Now no-one should be surprised at what you wrote yesterday. Those of us who have followed you closely know you to be an arrogant, rumour mongering, mendacious and ass-licking old woman who apparently has serious delusional problems rooted in an inability to relate to truth. I suppose you are to be pitied.

    Now my point about the UK Court of Criminal Appeal Office. In 2012 there were 7304 cases locked into the system. You say you know someone in the Crown Prosecution Service. Good for you. My information comes directly from the Registrar, Michael Egan QC , who not only to me but to the Bar Council has spoken of the increasing problem of delay. You mention a figure of 8000. The system is choked. So stick that one up your nose.


  46. So the question to be asked is if we expressed locked cases as a % of total cases in a period, what is the number for the UK and Barbados?


  47. David

    No. There is nothing to take solace from. The toothache of my neighbour does not take my toothache away. BUT – ever voracious for scandal, real or concocted, without responsibility there are those who continually knock our country and claim, and this is the point, that things are different elsewhere. My reflective piece above was merely drawing attention to the fact that that ‘brave new world’ out there is only ‘new to thee’. As for joining – with whom? Amused? I would have to be insane. Yes, do battle. But do it with integrity. Or is that beyond our reach?


  48. David

    You know something…I don’t know and I don’t care very much. You are wilfully missing the point.


  49. @Ross

    Of course your point is taken, we will always have cases stuck in the system and for explainable reasons BUT to appreciate the weight of the problem we need to do a head to head comparison to understand what the UK and Barbados numbers mean.


  50. David

    LOL. Amused’s your man then. He says he has ‘friends’.

    If there are “explainable” – that is to say ‘OK’ – reasons – start giving them. Then move outwards. It’s called the ’empirical’ approach and is one up on effete, sensationalist and unproved garbage masquerading by mere assertion as truth..


    • @Ross

      Put some tangible info on the table if you want to be part of the cause or continue to gripe.


  51. David

    You are being “PEDANTIC”.

    But if you really want info HERE it is…..

    A confidential report issued by the Bar Association and, as yet, seen only by Council Members alleges what we have all long suspected. 40% of the male membership are in league with satanic forces. In other words they are GAY. The same pattern is to be seen in the Judiciary whose gay members, according to the Report, now lean on heterosexual litigants and otherwise decide cases on the basis of sexual orientation. Though not contained in the report, I have been reliably informed by a friend in Registry that two female judges are lesbian. They have been seen by very senior Counsel cavorting during List hours in the region of the Hilton Hotel in a grey Mercedes car owned, I’m categorically told by a Judge of the CCJ, who was here last week to show our Judges a thing or two, by a prominent politician of ‘that’ Party.
    Our informants also swear that at least four Permanent Secretaries are gay and that Government contracts are now being awarded on the basis of sexual orientation.
    Closer to home, the ‘gay’ curse is being played out in a yard off Pinfold Street. A very prominent member of the BU establishment has been seen in a grass skirt and nipple and navel rings with a set of transvestite low lifers. Two nights ago he was stopped by a policeman and when asked whether he had anything to say said laconically “We are not amused”. David – I’m very sorry, the finger points at you.


  52. De ole man was pun somebody computer and saw dis thread and while i did not have alot of time to read it in its entirety, i guess that some sexual orientation commentary is being bantered about by Robert Ross.

    I have arrived at this syllogistic position.

    I like women real bad
    Lesbians like women real bad
    I am therefore a lesbian
    Lesbians are termed as gay,
    I am therefore gay.
    I am going to join the Gays and Lesbians against Discrimination GLAD (as soon as i find out where it is this week)

    Will someone tell me where that moonie pooch fellow, not the bald pooch cat, can be found, since I want to join his group.

    Sorry to bring this article about Marva Clarke to such disrepute, (though some would say that Marva Clarke is herself the very lowest in the barrel of disreputable registrars) but my penicillin in running low and I am rambling.

    Judging from the timbre of the previous article it would appear as if another diabetic has a similar problem.


  53. @Piece Uh De Rock. In those terms as you set them out, I am gay too and will now immediately take my pneumatically undulating backside (at my age, it is nice to fantasize) to an establishment where I can purchase a grass skirt, “nipple and navel rings and a set of transvestite low lifers” (whatever those in parentheses are). However, as I am new to this game, I need advice as to where these particular implements can be purchased – and what they are – I don’t want to put them in the wrong places. I will then proudly join you in the march in the GLAD parade up and down Pinfold Street and then up to Belmont Road, where, I understand, there is to be a cheese and wine party held by a self-confessed small and uneducated attorney.


  54. lawyers and liars

    the delayed decisions . judge Cornelius and the Allan G Seale case v McHale case. December 2010. 30 months since. let me expose that scandal. Gordon Seale’s lawyers are Leslie Francis Haynes qc and clyde Turney qc. any one using them two gotta be bent to start with. know that was an interim case….McHale not in court do defend himself. ex party. based on lies from Haynes and Seale. McHale not even know of the case till a injunction put on him . for why you may ask. McHale was telling the world what criminals is Haynes; perjury an thing. and all bad true stuff on Seale. so they lie up and gag up Mchale.
    who is Gordon Seale?. he an his fancy wife from Colombia Maria Nancy Seale own Bougainvillea Beach hotel in Maxwell. I know the place well one time. they have 2 sons grown big now. Morgan Seale an Dominic Seale. my lawyer did a search on both for me. Morgan Seale an Dominic Seale are both directors at Sand Acres hotel since last year. but he tells me no returns on file at the Registrar since 12 years ago.? how about that now?
    Gordon Seale is the big up white man always telling us what we should do. he was real success at getting our Police to jump on the cash for gold, thieving, thing. GOOD for him…..but he only do so because his wife getting afraid to wear her SSSSSSSS diamonds!! gotta keep them in the safe back home instead. Seales concern about our laws are admiral. so///// back to the gag order now. so thet get the gag injunction an stop McHale broadcasting the truth like all the illegal business Seale is doing. more of that later. Seale talks hard an long with the help of Old Brigand man. my man tells me that Seale was drunk and told the bar party that he was going to bank rupt McHale so be it his pleasure. but Seale boasts an BOASTS that his lawyers interfered with the court system. that is the truth. that decision must have been given in 6 weeks my lawyer says an not even given in 30 months. why an how you ask?
    let me tell you. Haynes had to shut up McHale. Seale as well. so they organize for the file to get loss!!! I tell you! they organize it to keep going to the bottom of the list. simple. how do they do it I ask. an I want a honest lawyer to tell us. straight now. but let me tell you Morgan an Dominic Seale; if I was you I would not be a director of Sand acres ltd. you may be very proud of your parents an Bougainvillea but I see you are a finance accountant there Mr Morgan Seale. Mr Morgan Ciro Allan Seale. I want to know what the gag order had to say. we all want to know a lot of things. why no audit accounts. an the PWC aUditor resigned for why?
    but I know. I will tell you next week how your father make his money tax free.


  55. Mr or Mrs Gagg Buster
    As a retired Attorney, i took exception to the reference “lawyers and liars” as above. My information is that Justice Cornelius wrote her decision long ago. Her decision was to have been delivered several times including recently.
    A decision in a related matter between the same and related parties presided over by Justice R Worrell was also made on a very timely basis by Worrell J. These purported delays are not the fault of the Judiciary but dare I say improper interference within the Registry.


    • @retired attorney

      “These purported delays are not the fault of the Judiciary but dare I say improper interference within the Registry.”

      Can you expand on your statement quoted above?

      On 23 August 2013 17:35, Barbados Underground


  56. mr retired attorney. otherwise called leslie haynes or clyde turney this time.
    this is political dirt and interference at worse. dirtiesst. yuo try to decieve the reader. cant decieve me. this is politics at worst level. the judiciary. justices jacqueline cornelius and randall worrell made there decisions long long back in time. we all know that. this corruption nothing to do with Registry. they cant defend themselves. nothing to efend. just look at the people involved. not Bajans. the DEMS!!! Freundal Stuart, you Mr Haynes / Turney are “dealing with’ MCHALE usin the judges Cornelius and Worrell both DLP people
    this is payback to Mchale. he destroyed Sandiford. Mchale destroyed the DLP icon David Thompson…no word on Thompy at all no one word in the election…money laundring and drugs. you Haynes he exposed you and PWcoopers in the dirt that is Clico. infelcities by your pals PARRIS and F Stuart….your pals. Haynes

    100percent payback time….dirty politics as we now know comes with DLP. nothing too low for F Stuart to keep in power. get a pension. destroy BIM. tiefing and corruption at all levels. you want us to tell the whole story amd spell it in detail. we know Cornelius was down to provide the decision a wek ago….what happened MR Haynes?. tell all…..how much is MR SEale paying you for this….more than Parris?
    Haynes tell us what the case is on….SEAle did a CLico with the accounts and reciords ? right…..he dont own Bougainvillea hotel..more news to collect


  57. Gordon Seale, Maria Nancy Seale, Dominic Seale, Morgan Seale.
    allow me to add some truth to the above in a very straight manner.
    Gordon Seale bought Sand Acres at least 30 years ago. he did Timeshare sales. lots of foreign currency. he made the sales through an offshore company called PRESTIGE VACATIONS. I think that was in the Cayman Islands and the US$ and CAN$ bank accounts. only 30 per cent of the actual sale was recorded in SAND ACRES. that was to cover the Barbados commission on sales made. the rest went tax free to Gordon. I worked for him.
    of his room night sales a fair bit was through tour operators but what ever bit he could get overseas went direct overseas; never see it in Barbados.
    Gordon Seales other tax scam was his car hire rentals. rentals paid by credit card went in the accounting. rentals paid in foreign money traveller cheques cash went receitped in a separate cash receipt book and never went accounted. then he paid all his family holidays through Sand Acres as “marketing and promotion travel”. and all his house repairs went down as repairs at the hotel. so at the years end he had no taxable income and could join the crowd calling on the people and Government of Barbados to give him the hotel tax breaks. look and see how much Sand Acres and Bougainvillea got from the TIRF. criminal man! and he never stops begging……yet another sophisticated white beggar. next I will explain how he operates at Bougainvillea Beach Resort. he is a thief just as much as a man who steals gold for cash; but he can stand the expensive lawyers.ll


  58. I must add briefly to the above. Gordon Seale was once President of the Barbados Hotel Association. what a disgrace. one of his lawyers is Leslie F Haynes Q.C. an ex President of the Barbados Bar Association…….ex CLICO…….more soon on the others associated with Gordon Seale; Gittens Clyde Turney and Property Transfer Tax; his once partner Justice Elneth Kentish judge of the Supreme Court; Mary Mahabir of LEX Caribbean;
    then we can deal with the fraudulent accounting habits of Mr Seale; his Directors of the Bougainvillea Beach Resort and Sand Acres timeshare clubs;….and no audits. further fraud and theft.


  59. TAX FRAUD. ? Gittens Clyde Turney Q C !!! senior CONSULTANT with Clark GITTENS & farmer. what a FRAUD! Turney the attorney for Bougainvillea Beach Resort. TURNEY you or gordon seale HAVE ANY RESPECT FOR THE LAWS OF BARBADOS???…ANSWER NO!!, NO!!, NO!! FLAGRANT DISREGARD!!! facts;

    TURNEY; tell us all its A FACT THAT you FOR MANY YEARS WHEN YOU IN selling A house and PROPERTY TRANSFER TAXes INVOLVED YOU COLLECTED THE TAX FROM THE SELLER AND THE PURCHASER………AND KEPT IT!!! kept the tax. REALLY TURNEY!!!! we HEARD THIS FROM MANy WEST COAST REAL ESTATE AGENTS….IF TURNEY PREVIOUSLY DEALT WITH THE house and the place selling again…look out!! THEN SURE THE PROPERTY TAX WAS NOT PAID. did the tax people find out Turney?…now Seale can teach you some trickes on taxes. what he said so after the budget……about those hotels just getting by…..getting by!!!! your ass Seale. rising costs…wanning help from our government….Seale… .you stink. you is rich slime. .
    when you last paid tax at you hotel? how much property you own when you jus getting by?…tell us for truht

    I am outa time. more commin….an with TurNEY


  60. Morgan Seale an Dominic Seale of Bougainvillea Beach Resort
    you gotta to be real proud of your mum an dad ?, Gordon allan Seale and Maria nancy agnes de Palma Seale….. wha moutful….and self ordained as well!!!. flash name for a farmers daughter, she a real gold digging campesina from the Bolivian Columbian bush. aka MaRIA Nancy Seale.
    de Palma.?….cos she lived in PALMA in Majorca !!!!! struck it rich in BIM! boys
    such a f@#$%&g pretentious bitch. pompysettin in your folks multi million dollar home brought with foreing exchange moved from Barbados where it was earned by 100 hard working hotel staff working for $400 a week. your father is a criminal C@#T.

    tell us hoe your father stole the share corespondence from the company secretay…. yes Morgan??. dominic?…you now as well….let us know……
    I now.
    an his “legal” advisors……I asking for that letter pon de perjury. stuff….I will get that for you. they legal boys in an outs rehabs quicker than a hooker in Bankok drop she drawers….you now.

    I gonna get that notice to staf that HUGH WHITE blok from the web..

    she another stuck up F@#$%&g alian …..

    an I writtin to the time clubs too…nuf shite
    DIeGO


  61. action between Maria Nancy Seale, and Allan Gordon Seale , represented by Leslie Francis Haynes QC and Bougainvillea Beach Resort Ltd represented by Gittens Clyde Turney QC ( THE CLAIMANTS )
    versus
    Christopher Andrew McHale and Woodbank Investments Ltd
    ( THE DEFENDANTS )
    before Justice Cornelius 2010.

    the decision was recently awarded in favour of C A McHale and Woodbank; for the discharge of an injunction; with costs and damages awarded in favour of McHale and Woodbank.

    the decision in this action was delivered by Justice Cornelius in January 2014. . Comment was made earlier in this blog questioning why the matter was heard so quickly. APPARENTLY the reason is that Maria Nancy Seale and Gordon Seale obtained the injunction, a GAG ORDER ex parte i.e. without the defendants being able to make representation or defend themselves . An ex parte action requires that a hearing occur within six weeks. Accordingly the case was heard pretty quick. . sadly for justice, the actual decision took THREE YEARS to be delivered…….yes .THREE YEARS!!!…really.
    The reason of the injunction does not to reflect well upon Haynes QC or Turney QC . actually , if disclosed, serious doubt would be cast on the characters of the claimants and their representatives. seemingly the matters included the theft of company records , untruthful affidavits…..read perjury , fraudulant documentation and ; tax dodging on a grand scale ; with a whole set of circumstances which bring to question how it be that HAYNES and TURNEY both QC actually . and even be members of the bar?. this is one good case that should be investigated from top to bottom and side to side
    Gordon Seale is the wealthy hotel man wanting we to devalue our dollar and wanting more and more concessions so he can be even richer
    Scotty can give all the facts later, soon now.

    .


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