Tales from the Courts – Madam Justice Cornelius Delivers on the Dr. Richard Ishmael v QEH Matter, FINALLY Part XIV

Madam Justice Cornelius

Madam Justice Cornelius

We see the ruling on Dr Ishmael has at last been given by the courts. The Nation has published the decision which is highly unflattering to the MoH and the QEH. BU refers readers to the recent Tales From The Courts, where some of the issues discussed are similar and pertinent to this edition. The decision on this particular matter was reserved by Madam Justice Cornelius since 30 March 2011, a period of 818 days, or 2 years 2 months and 26 days. INEXCUSABLE!!!

It is not for the judge to take into consideration that Dr Ishmael is back at the QEH. The judge’s SOLE concern, other than the constitutional rights of the litigants, ought to have been the fact that there was a matter before her that might seriously, fatally and detrimentally affect the health of patients at the QEH. Indeed, this might be considered a matter affecting public policy and therefore to be accorded the urgency of any public policy matter. Instead, Madam Justice Cornelius took almost 2.25 YEARS to provide a judgement that ought to have been produced in a maximum, given the potential prejudice that delay would cause, of 60 days.

Thus, has Madam Justice Cornelius BETRAYED the trust and best interests of the people of Barbados and for that she deserves to be instantly suspended pending the outcome of an enquiry to dismiss her. Additionally, judges are expected to render decisions within 60 days, with an outside limit of 90 days for complex cases. Regardless of the circumstances between Dr Ishmael and the QEH, Madam Justice Cornelius has egregiously and improperly breached the Constitution.

BU is advised that the unconscionable delay by Madam Justice Cornelius was such that the parties had finally decided to meet last week to broker a settlement of the issue. The sole reason they did NOT meet was because Mr. Leslie Haynes QC, counsel for Dr Ishmael, was out of the country.

It does not escape BU that, had the parties been able to meet, the whole matter would likely have been quietly settled with no political backlash as occasioned by the judgement. It therefore begs the question why, after 2 years 2 months and 18 days, Madam Justice Cornelius rushed to pre-empt a settlement by finally delivering her judgement. It is also a fact that no prior notice of the delivery of the long-delayed judgement was given to the parties or their counsel, but was sprung upon all on Monday morning, necessitating counsel to undertake emergency rescheduling and beg the indulgence of other courts before which they were scheduled to appear.

While BU, and indeed most of Barbados, has long considered that the conduct meted out to Dr Ishmael was illegal and reflected poorly, not only on the QEH, but also on the Minister of Health, BU must now reflect on an even more serious matter. That is, the possible political manipulation of the courts for political ends.

BU does not take sides in this issue as both the actions of the MoH and the QEH were wrong, as well as the rush to deliver a long-deferred judgement for by the judge. HOWEVER, of the two, the overwhelming prejudice to the people of Barbados lies in the actions of Madam Justice Cornelius who, not content with betraying the Bajan public with a decision in a matter touching on our health service by delaying same for 2 years 2 months and 18 days, has clearly delivered that decision, not for the sake of long-delayed justice, but for political ends.

On 16 August 2010, the CCJ handed down its judgment in the case of Gibson v The Attorney General. http://www.worldcourts.com/ccj/eng/decisions/2010.08.16_Gibson_v_Attorney_General.htm. BU is aware that this is a matter of criminal law, but can anyone refute that the principals apply to all aspects of the Barbados Justice System?

Of particular note is paragraph [50] and [51] of the judgement to pay attention of which will likely cause all Bajans to boil:

Blackman J’s judgment indicates that counsel appearing on behalf of the  Attorney General submitted to the judge that “delays were typical in Barbados and consequently ought to be tolerated” (para 53). The judge also records (para 65) that another counsel had deposed that, “[w]ith the notable exception of the court presided over by Magistrate Pamela Beckles, a …preliminary inquiry into a charge of murder generally takes between one to four years to commence” and that “the Crown takes a very long time to respond” to requests for disclosure of the statements of witnesses. If these statements are accurate, and there was nothing to suggest that they were not, members of the Barbadian public have every right to be concerned about what may be considered as blots on the criminal justice system.”

BU wishes to enquire as to the name of the person from the Attorney General’s office who said, “delays were typical in Barbados and consequently ought to be tolerated” AND YES, CCJ, WE IN BARBADOS ARE VERY CONCERNED, BUT ABOUT THE ENTIRE STATE OF THE JUDICIARY AND WE DO CONSIDER IT TO BE A BLOT ON THE REPUTATION OF THE ENTIRE COUNTRY!

As for the Opposition, the mess originates with them. And as we look at this latest from Madam Justice Cornelius, we know WHY. But, the CCJ continues.

To be fair, inordinate delays are not unique to the State of Barbados. They are prevalent in other Caribbean States as well. But this provides no justification for countenancing delay. Some States have actually made assiduous efforts to address the problem. The authorities in Saint Lucia, for example, have embarked upon such a course. It has involved the overhaul of the entire criminal justice system harnessing in the process the efforts of all the important sectors that have roles to play in it whether from the Executive, Legislature or Judiciary.[FN26] From all accounts it would appear that the measures taken, which seemed not to have required enormous expenditure, are yielding some measure of success.”

It seems abundantly clear that almost the entire bench needs to be replaced in Barbados. Delivering JUSTICE continues to be under threat.

59 thoughts on “Tales from the Courts – Madam Justice Cornelius Delivers on the Dr. Richard Ishmael v QEH Matter, FINALLY Part XIV

  1. When will it ever end? Foul ups Bleeps and Blunders….are you sure we are ONLY the Amputation Capital of the world…..me thinks not. Sorry Ishmeal was not awarded an arm and a legg…..instead of the measly $5,000..LOL LOL

  2. F you think this is bad…..consider a layman, who won his case in lower court….only for it to be appealed….ten years have since passed, and he cannot even get a date for his case to be heard in the appellant court

    Brass tack commentator..” The Judicial system is for everybody, BUT justice is for the well connected.”….. true dat boss..you On n Poppin !.

  3. http://epaper.barbadostoday.bb/ 25/06/2013
    on page 27, Sir Roy Marshall
    In further a society drifts from the truth, the more it will hate those who speak it and in times of universal deceit , telling the truth becomes a revolutionary act.

    Let the revolution begin , lets start with AUDIT.of the courts and the records of the History of Barbados .
    Courts are filled with crooks , making laws to adjust to their own fraud, When they think no one is thinking nor looking because we give them our TRUST to know better and to do better.
    We also need this system overhaul with the law and truth , for all we do after will fail. God and the World is watching as we implode on self.

  4. I am 100 % today behind PM Stuart after his sterling impartial speech last night…..Justice is not a virtue for a few. BIG UP MY PRIME MINISTER STUART TODAY…..

  5. i think it is time that people such as Justice Cornelius understand that slavery should no longer affect her or any decision she makes. she is black, ancestor of a slave etc. i have noticed that many like her suddenly has authority, power etc and instead of being fair and just seem determine to let all and sundry know that they can do whatever they choose irrespective of who is effected, good or bad. sickening…piece of black…

  6. .As a matter of interest, who was the idiot on the AG’s brief in the Gibson case who spoke about delays being tolerable because conventional? Ditto the attorney who talked about the “notable exception of magistrate Pamela Beckles”. I seem to have heard that one before.

    My understanding is that Ishmael was suspended for two weeks. I do not quite see how the subsequent delay in giving judgment was detrimental to the nation’s health and well being.. In any event, Ishmael is not the only cardiologist at QEH.

    The Gibson case is interesting since the Court drew attention to the fact that St Lucia had been making concerted efforts to put its house in order. We have done nothing of note. I am reminded again that the BA’s attempts to seek reforms and so retrench delays were thwarted by a CJ who, suffering from ego tweek, sought to make capital on the backs of ‘rapacious lawyers’ and so divert attention from his increasingly ‘playboy’ image. On the subject of the CJ, WHY WHY WHY hasn’t the judgment in the ‘gun case’, promised for last June ,been delivered yet ?

    It was nice to see the CCJ in the Gibson case referring to the adroit qualities of the then CJ – guess who – in securing funding for Gibson, the indigent accused.

    I note that from the statement that the Ishmael case might have exemplified justice being manipulated for political ends (fair enough), the post writer then asserts that it is axiomatic that it was – without any evidence. Sorry that won’t do.

    The delay in the case does seem absurd I agree. And I have no particular brief for Cornelius. But the post writer seems moved as much as anything else by his disagreement with the rationale of the decision. And that won’t do either – at least not as a justification for making wild statements about corruption. BTW – he also repeatedly states that his views accord with those of the population of Barbados. What is the evidence for that?

  7. Man Ross
    You duz always come in here wid your legal mumbo jumbo….. carryin on bout evidence for everything hoping to cufuffle the small man head….but boss it is plain and simple for us..your “population of Barbados” to see…that the delays are too blasted long ( the longer in the system, the mo the legal fees)…and that unna so called legal eagles wings want cuttin down as they like yourself..feels that they are God’s gift to mankind… AND that we got evidence for plain and simple to see.

  8. In case you din hear…” Justice is not a cloistered virtue”..hear the boss man…..whaloss….

  9. Female Prime Minister Julia Gillard called a snap leadership poll. She lost to former PM Kevin Rudd. She has written to the Governor General offering her resignation as PM.

    She could not get the job done so she gave it up and this was very important for the Labour party since elections will be in Sept. 2013. Not much time left for time left for them.

  10. And what is your point Arson??? If You mean Madame Justice should resign then you are making sense for once.

  11. Carson………….so are you saying if the DLP cannot get the job done they should pass it on to someone who can?

  12. @CCC
    So, if the current government cannot get the job done……………………?
    What are you suggesting?

  13. Jackie Cornelius should not have been given the position of a judge.That was a travesty of justice for those more suitably qualified than her and for those poor citizens who have to suffer at the hands of this political appointee who gives us no confidence in her judgements.

    Look at all the cases she has dealt with and you will see a definite trend.
    Not much of a hard worker either. Steupes.

    Judges should be appointed for no more than a 10 year period and then selected by an independent body.

  14. You see me … I was alive when a Registrar was asked to resign because her spouse became CJ. It tells me that spousal relationships are a consideration in the making of key appointments. Cool… Now let’s take it a step further where it is known that the spouse of a sitting judge is a very visible party hack, (a double crossover, if you please). Even if there maybe no real influence in the mix, I believe that the opportunity for “justifiable perception” is there (dah is my terminology … (c) BAFBFP 2013) and should be sufficient to have the Judge removed …!

  15. nobody respects slave descendants
    not even slave descendants
    black on black
    blacks doing blacks in

  16. @ BAF
    You have a country with so much inbreeding, everybody is family to everybody else. We’ re not sure that your suggestion is enough, by itself, to stop rampant nepotism as a primary reality far less at the deeper level.

  17. I trust you listened to the Honourable Prime Minister in his contribution to the new Family Law Bill while delivering his speech he delivered a very stern and direct warning to these judges and the court system to tidy up their act and begin to take steps that cases can be heard and people receive judgements in a much more timely manner, he said that he has been receiving too many complaints from ordinary citizens and from those that using the systems like the lawyers that the process is tardy, the PM was on target and very direct and frontal in addressing this matter in his contribution in Parliament yesterday.

  18. Common Sense inc

    I tend to agree with you.

    Old Onions

    I’m sorry you’re having difficulty with the English language. Is it an age thing? But let me put it this way….

    ‘You, Onions, are a well known transvestite plying for hire in Pinfold Street. Everyone knows that. All Barbados knows that. You should be castrated immediately along with all your friends, who include a well-known Opposition MP from St Peter, who are also transvestites; and a friend, a very senior counsel, assures me that you have a mole on your right nipple.’

    THAT is, for the most part, the level of what is being pushed on us. Who gives a F about your feelings? They really don’t matter because no-one likes you, we want people not to like you, and we want people to write in and say so. The mere assertion is truth enough. And we do this and will continue to do this because of an unarticulated agenda – an agenda realized by saying the same thing often enough and by playing on people’s natural prejudices, ignorance and superstitions.

    It CANNOT be right to posit a conditional hypothetical (there may be political bias) and then state without more as if it’s self evident – a categorical imperative – that there was bias. That’s how reputations are made and destroyed. What would be our line if that had come from the Nation?

    Do you get the point? Probably you do – but who cares? It’s called ‘Power without responsibility’. And that is how we are going to change the world – not that that is the point of all this sad to say.

  19. I mean……….was the PM not aware of this tardy sloth by judges in rendering decisions when he was practicing law all those years and that it has gotten worse in the last 5 years, what is he trying to say……

  20. Oh gee…the PM has spoken about delay. The man is fully aware of the system and how it operates. There has been no serious attempt by this government, or its hacks, to retrench delays – so, sorry, this is no brave new world. But then I suppose that every little helps….as a very senior counsel was heard to say recently as he piddled in the sea.

  21. Well Well

    The DLP has held this country together for the past years as other bigger nations crumbled around us.

    That was the main reason the voting public gave them another term of office.

  22. @ Carson C. Cadogan | June 26, 2013 at 11:18 AM
    “The DLP has held this country together for the past years as other bigger nations crumbled around us”

    So it is not the fault of the BLP for Barbados’s difficult times as you and others like ac, Bushie and the Dummy have been propagandizing all along.

    The DLP must be the greatest party in the world to have brought this country from the abyss of economic stagnation, social upheaval and political nincompoop incompetence to what it is today as a beacon hope for the world, the paragon of morality and a benchmark for sound and outstanding economic management to proudly wear the tag of junk bond status as a dog collar of certified competence.

    Let the light of truth and the fickle candle of wisdom continue to shine on this simple idiot called Carson, oh Sky God!

  23. Well Well

    They still have a long way to go before they catch up with Bill Gates and the other men.

  24. @ robert ross
    Man ROSS….you shock me and I am sure many others here on BU with your behavior here today …..letting lil onions causing you to erupt wid such smut and deprave…..hey hey, never mind, at sometime we all fall from grace, but from you, dear dear….Oh what nasty things to say and coming from a big able supposedly attorney …Man you have utterly desecrated whatever lil reverence I and the BU family may have had for you now….Ross boi what ever have come over you?…I leave you with this one lil boi Rossy… Great mind discuss visions..Mediocre events….Small minds(that is you from hereon in) discuss people…is that English enuff for ya?
    Good day mr.ross


    old onion bags | June 26, 2013 at 9:09 AM |

    Man Ross
    You duz always come in here wid your legal mumbo jumbo….. carryin on bout evidence for everything hoping to cufuffle the small man head….but boss it is plain and simple for us..your “population of Barbados” to see…that the delays are too blasted long ( the longer in the system, the mo the legal fees)…and that unna so called legal eagles wings want cuttin down as they like yourself..feels that they are God’s gift to mankind… AND that we got evidence for plain and simple to see.


    …..most undeserving and ignominious behavior I must add…dear dear

  26. Carson…………….don’t worry, they will catch up and surpass, remember time is longer than twine.

  27. @Onions. There are times I love you. This is one of them. Therefore, for you, Onions, instead of the legal mumbo jumbo, how about giving an opinion on a matter of simple common sense.

    I have been able to confirm that the QEH/MoH and Ishmael (through their counsel) had planned a meet last week, because of the delay in the delivery of a decision by Cornelius J. I confirm that the object of the meeting was to broker a deal between the parties. I confirm that Mr Haynes QC had to be out of the island and asked that the meet be delayed until this week. I confirm that Cornelius J. knew of this. Therefore the rush to write and deliver her judgment after over 2 years of reserving it, does beg certain questions. And it is right that they be asked.

    Now, the Nation, a news outlet famous for following the processes of the courts in intimate detail I don’t think, hastens to report in detail the ruminations of Cornelius J. in the very next edition after they are, unexpectedly, delivered. Okay, so for once the Nation was on the ball.

    However, has anyone noted the assiduous follow-up by the Nation into the political status of Dr Sparman on the very day following its report on the judgement of Cornelius J? Curious? Perish the thought! After all, the Nation is noted for its outstanding support of the DLP.

    What, onions, does your common sense dictate?

    I am also particularly curious as to why the CCJ would have bothered to mention the record of Magistrate Pamela Beckles in its judgement as cited in this thread – and another one a few days ago which I myself referenced and am pleased to see has been noted. It would have been extremely simple for the CCJ to have omitted the reference to Ms Beckles in its judgement. What possible relevance could there be in asking the name of the attorney quoted by the CCJ? The CCJ had the option to select which parts of the attorney’s comments to include…..and it chose to include that bit about Ms Beckles as well. Might it be that the CCJ had verified the claim of the attorney in question regarding Ms Beckles? Might it be that a message was being sent by the CCJ?

    Again, Onions, nice job!

  28. BAFBFP @9:34 A.M.

    Now that comment makes for interesting discussion.

    As a matter of fact if every ding dong getting an article I am voting that your comment be lifted into an article.huh?

  29. onions

    Ha Ha Ha … You playing cleaver … I say dah because I givin’ you the benefit of the doubt, ’causen Ross’s comment ain’ all dah hard to understand … So you you jus’ being ah ol’ bag … HA HA HAA!


    It’s been a long time since I get pelt at, but ti happen a couple of times this week already, so I tekkin’ every comment reservedly … HA HA HA. Look I only speakin’ my mind, so it don’ have tah mek sense!

  30. Barbadians sick sick sick
    The Rock School newspaper ad
    says 60% of entrants going to older
    secondary school
    -older secondary school ?
    WHY !
    ELITISM reigns supreme
    that is the problem in Barbados
    DAH is de problem !
    DAH is de problem !
    DAH is de problem
    From church to school -discrimination, class consciousness and class discrimination
    So Madamn Justice snotty. Commissioner of Police snotty . Snotty people look down their noses at people .
    People in Barbados ? chupse !!!

  31. @ Amused

    You accost me well……thanking you for your blithering niceties and all. To have occasioned such an auspicious n regal composition from one of your emanate in jurisprudence, just for telling off a scandalous and seemingly renown repugnant nit wit, leaves me feeling like a holy duck. But honestly, I fear all that I have achieved is to have wasted time on nothing but a scandalous vile mouth. Enuff said

    Me thinks you confuse me with my illustrious blog brother the Miller… a most eloquent man with words and advice on such matters. I on the other hand proffers an opinion only when sure thrice….ask me about spring tides and the like….. shit floats forever.

  32. Surprisingly they seem to allude my new found friend this time too …, or is it that Amused just ain’ letting you off the hook. Maybe that is a good thing, ha ha ha, what would life be without rivalry .. nuh? … HA HA HA HA …… MURDA …!

  33. HA HA HA … Look I luv comedy but some visuals ain’ safe fah human consumption … HA HA HA … I hope you and Amuse NEVER make up hear … I would lef BU … MURDA

    • Even with the admission by key court official we have people who come on BU with trite and fluff to attempt to divert and obsfucate the discussion. Here is BU’s official response-BS!!!

  34. Some will never learn…..the more they climb…the more the tail exposed….Baffy have you gotten your repousse yet? Take my advise saw dust n oil don’t mix….

  35. @old onion bags | June 26, 2013 at 7:28 PM | Truth is that sometimes I agree with you and sometimes, holy or not, I would like to do what I would do with a duck prior to cooking – shoot or wring neck. BUT, agree or disagree, you are good value and the way you have handled this particular bit, actually makes me want to vote for you.

    @Baffy. I am glad to see the agent provocateur without equal is in full form.

    @David. BU has become a most desirable political tool. Therefore, you, it and the family can expect efforts to take over what you have built by the wannabees of the political world.

  36. @ David
    …..besides, there is absolutely no reason to worry about someone who exclaims ” GEE” ……LOL…. shoite man….. GEE?!?
    G E E ???.

    Lol Ha Ha. Oh Shirt!

  37. It is strange that there is so much criticism of Madam Justice Cornelius on this forum, I overheard attorneys saying she is one of the few who actually reads the files thoroughly even if she pretends not to. Pamela Beckles seems to have a good reputation as well.

  38. Elitism is the root of all evil
    Root out elitism –selfish greedy self-serving elites
    boasting about elite school placement
    and then society is to operate -how ?
    in all areas

    • Big pay for job injury Added by Barbados Today on June 26, 2013.
      A former employee of the cash-strapped Transport Board has won a large monetary judgment against the company more than 16 years after being injured on the job.
      Wendy Newton, who was three months pregnant when she fell from her chair and hurt her back on May 14, 1997 while on the job, was awarded $352,666 in damages by the Barbados High Court on Monday, a figure likely to be higher when interest is calculated.
      The former customs and purchasing clerk sued the state agency and had judgment on liability made in her favour on December 6, 2002 and has been waiting since then for an assessment on damages, which has now come.
      High Court Judge Jacqueline Cornelius determined that Newton, who gave evidence stating her injury negatively affected her health, work, social life and marriage, should be awarded general and special damages.

  39. David this article is a bit of convoluted nonsense.

    1. The truth is pat of the reason our courts are clogged up is that not one in ten of our lawyers can write a sentence in good PLAIN ENGLISH. UWI should refuse to admit anybody to law school unless they have first earned a grade 1 in CXC English.

    All of them the judges too should be sent back to elementary and secondary school to learn how to write good plain English.

    2. The Ministry of Health and or the QEH should never have taken action against the good Dr. Ishmael. What they did was foolishness from day one. Anybody who went to elementary school could see that.

    When are we going to learn that we do not have to kiss the asses of foolish politicians (even if they are Cabinet Ministers) or especially if they are Cabinet Ministers.

    Cabinet Ministers don’t have any more sense that anybody else.

    In fact nowadays many of them (BLP and DLP) have less sense that the average voter.

    The days are long gone when brilliant young Barbados scholars joined political parties and were elected to Parliament.

    Nowadays our Parliament is composed of perfectly ordinary Johnnies.

    Many of whom have unfortunately massive egos.

  40. in na point punishing Justice Cornelius because lawyers can’t write and politicians are idiots.

  41. robert ross June 26, 2013 at 8:26 AM…. “In any event, Ishmael is not the only cardiologist at QEH.”

    Is aright for you to talk nonsense.

    Ishmael may not be the only cardioligist at the QEH, but he is the best, especaily when it comes to the very, very small hearts of newborns and infants.

    Ya poppit!!! almost anybody can operate on the heart of a big guts old man who has a bad heart because he ate too much good bittle.

    But it takes a special kind to treat newborns.

    And the politicians and the idiotic folk who kiss their asses thought that tele medicine could replace the skill and experience of an excellent doctor.

    When oh when are we going to stop kissing the assess of politicians?

    Somebody need to tell the emperor politicians when they are walking ’bout with all their botsies exposed.

  42. This case had no business clogging up our court because in the first place it was an idiotic decision to suspend Dr. Ishmael.

  43. I calculate that the interest owed on the sum awarded is just a little less than half a million dollars. In other words, the interest will be more than the award.

  44. My comment above is in relation to the Transport Board employee case. Interest will likely be calculated at 8% pa. The delay has certainly more than doubled the amount due.

    I know of one case where, having delayed the decision for years, the attorney general and the judge are sued in a multi-million dollar claim. But the claim has been stalled in the courts for years, presumably in the hopes that it will go away. It won’t. The judge is Elnett Kentish. Predictably.

  45. Ross

    Look man, Amused has got a healthy sense of humour and that is all I seek.


    Look man, Ross has got a healthy sense of humour and that is a rarity in this neck of the woods.


    Give me a l’l more time … I still thinkin’


    Hants @ Thanks. What good luck or good law comes our way , will also go the Barbados in lower prices and cost for All Bajans,If half of what the police knows of and found out is even True as We claim , Most of the Person fighting to raise prices to make more money each year will come down,
    Another note. This is what we see as part of a bigger Picture, The time is here for the NWO. Most dont know or overstand that this is warning to the others of their kind. That the world must be turn over to the rightful owners. That is why so much is hidden and stolen ,
    They have a notion that We will treat them the way they treat us ,
    That is not true for we know the pain of the unjust.
    So in the mean time , they will take hoard and run
    . looking to carry off more Gold than they can carry and now cant even walk to take it away. Banks and internet allow them to carry it off by wire. Well now many look to unplug that wire .This is much bigger than Barbados , But here you can see all the Elements .Act like the American and get the same results ,Look to be more like Bajans and learn from the false past written .

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