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.
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