Follow the Shanique Myrie decision to be handed down at 10AM October 4, 2013. Video streaming available from the CCJ Website
Follow the Shanique Myrie decision to be handed down at 10AM October 4, 2013. Video streaming available from the CCJ Website
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309 responses to “Caribbean Court of Justice Shanique Myrie Decision”
HA HA HA … Ross I will do as I claim’ in the fullness of time … Gotta mek a name for myself first or they won’t sell …
Miller, Lawson … I got one, I got one …
The line of nicks should read … Maxine MineClean …. uh? Wah you say ,… huh …?
@ BAFBFP | October 5, 2013 at 2:15 AM |
Sounds good alright.
But you should reserve that one for the line of regionally made indigenous tampons soon to be on a shelf near {H}usbands.
How about the “Maxi Myrie Clean” for those on the ‘larger’ size like the “johnny” ac?
Many people over the years have been coming into Barbados with no intention of leaving and some to commit criminal acts. This CCJ decision makes this much easier to do. This has basically tied the hands of local immigration officers as the bar is now set very high at refusing entry.
The criminals will rejoice at this decision as the first line of Barbados border defense has been compromised.
@ac | October 4, 2013 at 11:25 PM | I agree with you. In fact, I agree with all you have said.
@David.Having finally had a chance to study the judgement in detail, it is sound and tightly written and I can find no fault with it. It would be disingenuous of me not to report that I watched the streaming video of the Barbados portion of the trial with one very senior legal counsel. As we watched the cross-examination of the two immigration officers, we repeatedly kept on turning to each other and saying, “That was a lie.”
@Baffy. I like Roger Forde. That Ross does not, is a matter for Ross – he has that right. But I am sure that Ross knows all too well that often counsel have to provide the most robust defense of which they are capable to the client who retains them, even if they know that the client is as guilty as sin. That is what lawyers do. Moreover, that is what lawyers are REQUIRED to do. It did not escape the notice of the CCJ that there were a number of witnesses that Barbados COULD HAVE called, but did not, to support its position. It HAD to call the immigration officers themselves, but frankly from their lamentable performance under cross, I would think poor old Roger Forde wished with all his heart he could have excluded them. Dislike of Roger Forde by Ross is, as I say, Ross’ right and I have no problem with that. My sole question would be, however, given the witnesses and the circumstances, is Ross saying that he could have done better? Could anyone?
I was asked about the legal costs awarded to Myrie. I am in no position to quantify these. Her counsel will submit their Bill of Costs to Barbados and they will discuss it and barter and, hopefully, reach an agreement on the sum. If they do not, then back they go to the CCJ, which will study the matter and determine it for them. It may be that if the costs are agreed between the parties, we will never know the figure. But I hope we would be told, given the high profile of this matter from the National perspective.
Some years ago, a CARICOM national (a woman) married to a prominent Barbados attorney and resident in Barbados, arrived back in Barbados after a visit to her family in the CARICOM state of her birth. Her husband was waiting for her outside the Arrivals. Immigration gave her the impression that she was going to be refused entry and she managed to communicate this to her husband. Let us just say that the husband acted aggressively and at once and I observed the usually arrogant officials go pale and actually stammer their excuses and apologies. There were no grounds and no justification for their actions. Myrie did not have this level of local back-up, nor, frankly, should she have needed it. No one should.
It has been a very bad 12 months for Barbados and its officialdom (Police, Customs/Immigration) as far as visitors to Barbados goes. The Police and more particularly the CoP, achieved the distinction of very negative press coverage in the case of two UK rape victims where they managed to treat the victims in a manner not even reserved for the perpetrator and compounded this by arresting and charging the wrong man (with the assistance of that idiot we have as DPP) and when told by the victims that they had the wrong man, the CoP made racially-biased statements disputing their identification, on the grounds that they would be unable to properly identify the perpetrator, because he was black. This provided the two victims with the opportunity to make Barbados’ officialdom look like a bunch of Mugabe’s goons by hiring a lawyer to defend the accused – and this was conducted with worldwide, front page publicity. In any other state, the CoP AND THE OFFICERS CONCERNED as well as the DPP, would have been asked to resign, or been suspended and the mechanism commenced for their permanent removal. Not in Barbados, though!!!!
Meanwhile, in St Lucia, in similar circumstances, they consoled their victim and accorded them every courtesy and comfort – and this too was reported worldwide to the CREDIT of St Lucia.
Now we have the Myrie case. And I have to confess that I am glad it turned out this way if, for no other reason, that officaldom, especially uniformed officialdom, in Barbados seems to look upon a uniform as the right to determine and breach the rights of all. And yes it will hurt us in the pocket – but surely we all know that this is the surest way of getting the message through and that that message will hopefully lead to a far better training and attitude that will help to restore our rapidly-vanishing tourism market.
Finally, the suggestion that this is in some way the fault of the current PM and government is absolute rubbish. Let me point out that this attitude of uniformed officialdom started LONG before the current administration came into office and gthe culture of thought is so deeply ingrained that it will take incidents like this and a lot of work to undo it. I would remind the politically partisan (while disclaiming any such partisanship myself) that we all know full well which party appointed both DPP and CoP and we note that the offending immigration officer in the Myrie case had, at his own admission (repeatedly made) worked at the airport for 7 years. But quite apart from that, it is a culture of thought that needs to be greatly modified, if not erradicated. It is high time Barbados manned up, admitted fault where there is fault and fired the officials who are responsible, instead of trying to defend the indefensible. For otherwise all we are doing is letting the thugs take over in the sublime assurance that they can do what the hell they like and we will waste taxpayers’ dollars defending them and bring the country’s reputation into disrepute, and it does not matter and these thugs can rest easy and it will be business as usual.
Some prevailing attitudes of many people in the region still suggests a lack of trust of each other and we should honestly admit this.
Anyone who read the reaction of Jamaicans and comments attributed in the Jamaica Gleaner and Observer will note that many Jamaicans are still not willing to sign on to the CCJ and are not too keen on CSME. The Peter Wickhams of this world need to recognize this fact.
While Wickham and Commissiong like to beat up on Barbados, Bahamians have more affinity to the USA than to the CSME project, Jamaicans see the rest of the Caribbean as against them, Trinidadians feels that everyone wants them to be the regional ATM and Guyanese feel that they are targeted for abuse.
The average man or woman in Barbados will honestly tell you that they feel the free movement of people in the Caribbean would benefit others and not Barbados..
Now to prove Ac a LIAR ….AC challenged Balance and miller to show any proof by way of comment in the past year wher myrie was called a prostitute by ac,,,,i bring this challenge to you as ac notes that this same trend of irrational reasoning and acid tattletales is a weapon of choice used by blp yardfowls and which hung them during the last election……….again ac would continue to defend her country until proof is given to show otherwise. you blp yardfowls has shown time and time again that YOUR desire to destry the integrity of barbados goes beyond comprehension. the spirit of our country has been drag through the mud over and over again by those who seek to overthrow and defeat this govt by any means necessary. GOD BLESS BARBADOS A COUNTRY WHICH DESERVES BETTER
ac
A true Patriot
JUST ASKING | October 4, 2013 at 9:59 PM | That Slut /Whore/Bitch was coming to Barbados to strip dance in a Club. That bitch should not ahve gotten one red cent–Bitch !!!!
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A sick puppy that’s badly in need of psychological help. You ought to go see Dr. Carson. Quickly.
BAFBFP how about……. slippery when wet for her and a line of lawyers garments that say just …slippery . .
Can we discuss the issue and leave out the I and I business?
The CCJ is not a circus or jungle court so why did Barbados retain chief clown and court jester, Roger ‘Big Guts Mini Man’ Forde QC to represent them?
Stupse, Roger Forde? Waste of space.
Myrie lied to border officials in Barbados which is why they stated they tossed her out of Barbados and subjected her to an investigation. The CCJ in its judgement stated Myrie was not a threat to national security and therefore did not deserve such. We can disagree with the decision but how Barbados border officials reacted is no different to how others would have. Myrie won on in law but there is a reality we must face. The matter was tested in Court and now we know.
Patterson Cheltenham was part of the legal team.
‘Has the ruling exonerated Myrie from the fact that she was entering Barbados to visit Fontabelle?”
Are you willing to share with others from whence did that FACT come?
‘Many people over the years have been coming into Barbados with no intention of leaving and some to commit criminal acts. This CCJ decision makes this much easier to do. This has basically tied the hands of local immigration officers as the bar is now set very high at refusing entry.
The criminals will rejoice at this decision as the first line of Barbados border defense has been compromised.”
When will us Bajans stop this self-righteous nonsense; the kind of nonsense which might have caused us to be in this predicament in the first place. Criminals pass through here day in and day out and are not harassed like the innocent. This judgment is a victory for the thousand of innocent Caricom travellers who want to traverse the airports and seaports of other Caricom countries with the same freedom that Caucasian people enjoy.out fear of harassment
this was a moral victory for MYRIE. Monetary value cannot be put or be place sufficiently to comnprensate or heal when one is a victim of sexual harassment. the physchological; damage is enormous and never goes away. the saying that “Time HEALS all wounds” must be seen as an afterthought is such cases .as everday that goes by the victim still have to live and recount and revisit that horrible ordeal in search of realistic answers,
AS i reread some of the comments after the verdict i am appalled once again at the “lightheartdness” which some give to the verdict and the seriousness of the occurence,
MYrie winning does not resolve what is indeed a plight which woman have and continue to endure the courts stepping in and trying to protect is not enough but the cries of woman violated must be treated and respected and understood by All of society of its serious natire and must not be hoodwinked or glazed over as just another ” complaining woman.” in need of attention.
All kidding aside this is what really irks me about this case .All the good work done by these custom agents on a day by day basis is forgotten in the rush of people jumping on the bandwagon because of there experience of inconvenience on one of their trips. . These are good people doing good work protecting you.
So here is the post game analysis
Treaty upheld
Judges looked like they did there job. what great wisdom
Lawyers are great or incompetent depending where your from. Trust me next time a different bunch will have to take one for the team and fall on the sword , and our lawyers will be great and the others idiots.
Pawn in game is thrown a bone of 75000 bds
Custom agents thrown under the bus
Everyone gets paid , travel, hotels, food car rentals all expenses covered
another great day for justice
David from your comment i assumed You did not follow the casess if not you would have tied all the pieces together connecting the dots,In one of my comments i stated that she would not remained unscathed due to the fact that many still belives that she lied…………However the evidence presented was sufficient to close that worrying question pointing to the fact that even though she might not have remembered her host name there was the host present at the airport to pick her up the one she had made prior arrangements on coming to barbados but he was not allowed to do so.
the prosecution did their utmost best based on a theory of a LIE> but the defense WON on the THEORY of a hunch or “SUSPICION>
The bottomline, offcials need to follow a procedure. Let us do it and move on, if we want to continue in Caricom.
@ David
You are very incorrect in your earlier post at 6.41. Myrie was granted stay in Barbados and this was stamped in her passport. The interventions came afterwards by the police (not even from customs). Surely you can accept the facts of the case and realise that Myrie was under no interrogation prior to being allowed to enter (based on the stamp in her passport).
ac | March 28, 2011 at 7:11 PM |
Barbadians . Support you government. . Dont let these lowlife dirt bags come and tell wunna what to do. Myrie come from a country which is totally out of control because of the drugs. Wunna need to stand firm on the issues of illegal drug trafficking and prostitution. don’t forge how Dudus Coke almost brought Jamaica to its knees. Barbadians stand together. stop feeling for those whose aim is to wish and do us harm. It is obvious she was treated under suspicion. therefore strong action had to been taken. BTW ruth if she was in the USA under similar circumstances . Not only would she have been stripped search. but all like now she would be in jail waiting until a judge decide hearing for her and that could take a long time. In Barbados she got off easy
just one of your vituperative anti- myrie posts Ac
@George
BU holds no brief for Myrie.
BU remains very concerned about the characters entering Barbados on a daily basis who our border officials have to ‘filter’. While we respect the ruling based on the community laws we have subscribed,it does not mean we are ignorant to the realities.
Yes the idealogues like yourself and Wickham will rejoice but we have just entered another realm of how we need to protect our borders. BU remains focused on this point, the right of Barbados to protect its shores.
This
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ac | March 30, 2011 at 5:42 PM |
‘Her after actions speaks volumesand her intent to punishBarbados was not a kneejerk reaction on her part but was wellthought out byher do the very damage we are seeing now. Barbados would survive this “.
here is another
Stop everyone from coming to our shores if we are not going to safeguard peoples’ rights and operate within the context and spirit of the laws.
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ac | March 27, 2011 at 2:28 PM |
“Privacy: In this context meaning allowed those with illegal activities to do as they please. What privacy ? .another code word . Let Barbados deal with the Myrie’sof this world in a serious manner all the crying and complaining is only a diversion of those who would want to see this country become like another caribbean countries taken over by the mud raking lowlife drug terrorist. This is serious we should not condone or sympathise with those who deal in drug trafficking . Our country has more to lose than them. I have no patience or sympathy with the Myrie’s of this world.The government smell a rat and she was it. Now she pissing all over herself and people are actually trying to clean up her mess.What Privacy. Maybe it should be Piracy!at the highest level”
I done with you Ac.
@Miller
Based on the initial misleading accusations levied at Ms Myrie of being a liar intent on engaging in nefarious activities in Barbados we believe in the spirit of regional integration and from one black woman to another Ms McClean ought to either offer an apology or tender her resignation for the sake of decency and integrity in public office
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My memory may be faulty but I can’t remember Ms.Mclean making any comments about any ‘activities” that Ms.Myrie was purporting to take part in, I can remember her defending the public official(s) (as is her Gov’t’s right ) of the alleged digital penetration that they were accused of, but as I said my memory may be faulty but then again I don’t have a political axe to grind.
“Certainly body cavity searches ought to be videoed. In this way, we avoid any charges by anyone that they have been “given the finger” unlawfully. It protects all parties. Otherwise we are going to have every Tom, Dick and Myrie trying to launch a groundless civil action and, with the assistance and collusion of what passes for a government in Jamaica, seeking to blackmail Barbados into some sort of out-of-court settlement. I have to wonder what percentage of the proceeds of successful legal action have been earmarked for distribution amongst those squeaky-clean Jamaican politicians.”
The above post attributed to you “amused” is instructive- no wonder you agree fully with AC’s ramblings
@George
Surely you read BU’s last comment?
To repeat, we subscribe to all laws which Barbados has knowingly or not signed on to BUT we are also mindful that Barbados must protect its borders from the filth that try to enter.
You must be aware of the great debate in the UK about going to Referendum to determine whether to leave the EU. The UK border is currently being overwhelmed by the Eastern Eudopeans. Often you and others cite the precedents set by. The EU, we will be observing closely.
This case should be appealed not for the monetary award (this is chump change) but because of the precedent it sets. While this is seen as a win for Ms Myrie other Caricom Gov’ts will be studying the decision and realize that they are potentially in the same boat and are unable to determine who can be denied entry into the country.
Its time for a “notwithstanding” clause in the Caricom agreement.
@ All you reactionaries
We are worried about border protection? Over some young chick the authorities took advantage of and got caught? Border protection? To protect Barbados from what? Now we call the chick a “rat”? The “rat” had enough nerve to fight the “cat” and win!!! Are you folk for real? Border protection? Who protected the border when those 18 semi-automatic weapons landed? They certainly weren’t manufactured at Portvale factory. Looks like the focus is in the wrong place at the border. Border protection!!! What a bunch of crap.
Patterson ain’t much better
Clone | October 4, 2013 at 9:36 PM |
Well Well
From reading yours posts in the past you do have a problem. No where in my posts did I say I was mistreated. I just outlined the procedures immigration Officers take you through for entering countries. No lotta smiles
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Clone…….again, i am sorry you never got any smiles, i surely did get smiles and was very pleased………….you did not get any smiles, too bad, suck it up.
Riots in the land said:
Should have gone to the establishment where she was shaking her money maker, then arrested and deported her for breaking the law. At least that’s my opinion. Instead they detained and molested her on suspicion….. hmmm?!
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Riots………so who was going to arrest Myrie presuming she would have ended up stripping in the clubs, i have been told by spectators in the same clubs that the police walk into the clubs to get their lap dances and free beers while dressed in uniforms during their rounds to protect, serve and something else or the other.
Asquith……….i gotta agree with you, who was protecting Barbados’ borders when the drugs were found in the Rally cars, no one even cared enough to arrest any of the players/organizers of the rally…………they need to get over their hypocritical selves.
Wait a minute, all of this provocation and no Carson in sight to cuss Jamaica and Myrie……….did Carson die???
@Well Well
Can you do commenters a favour and try to include your comments as one or two comments?
David…………….i can do that.
lawson | October 5, 2013 at 7:12 AM |
All kidding aside this is what really irks me about this case .All the good work done by these custom agents on a day by day basis is forgotten in the rush of people jumping on the bandwagon because of there experience of inconvenience on one of their trips. . These are good people doing good work protecting you.
Lawson you move away from the usual shoite you write to make a valid point. The problem is while doing a good job protecting us Barbadians the majority of the border guards-immigration and customs- are rude and unwelcoming, they are shockingly unmannerly and arrogant to boot. The culture of all airport staff must change or it will ruin Barbados as a tourist spot. Be firm and run your detection procedures with all ,lockup anyone breaching the law but do it with common courtesy. The American immigration and customs are famous for detaining and questioning suspicious arrivals even as with a hint of a smile they ask how is the weather in sunny Barbados. You don’t have to be rude and angry or vindictive as our airport officials mostly are to detect and arrest or deport the drug runners, the Myrie’s and those who come here to flout the law.
Sargeant, persons can still be denied entry. The point is that it must be pellucid that the person is a present security risk or antithetical to the public interest (with ample evidence). equally, a person being denied entry ought to be given this in writing with ‘recourse’ against such decision. We talk about fairness, how can you fault this? Isn’t this the same level of standards that exist in countries such as the UK and the USA?
Waiting said:
“The American immigration and customs are famous for detaining and questioning suspicious arrivals even as with a hint of a smile they ask how is the weather in sunny Barbados. You don’t have to be rude and angry or vindictive as our airport officials mostly are to detect and arrest or deport the drug runners, the Myrie’s and those who come here to flout the law.”
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And that is exactly the point i was trying to make to Clone….obviously in vain. By the way Clone, you must tell us which clinic has managed to so successfully and perfectly cloned the jackass in you, i know it was not a clinic in the US, they would not waste their precious time………i am through trying to spell out things for people with hard heads.
Balance a lawyer u are not your inabilty to tie my comments to Myries intents falls flat .the proof being that the comments were based solely on knowing that such illegalities have been done by others and in no way did i indicated such illegalities to MYRIE. however in your might to be right you proceeded to intrepret what i said to place accusations to MYRIE. another case proof positive of why the BLP yardfowls were rejected TOO much assumptions and PERCEPTIONS .
@balance here is another one for YOU too chew on….On my assumptation that she was telling LIES ,,,,,isn.t v the LIE theory which the PROSECUTION used as evidence against MYRIE… so there you have it afteralll my assumptions did concur with the best minds in the legal system except for one exception ac did not take what we have as hardened facts before the trial. Again a lawyer u are not and would be confused by ac ramblings.
This thing about Ms Myrie coming here intending to work in a club, seems a non issue, given the fact that a Barbados Immigration/Custom officer,whose mother-in-law was in Barbados illegally, is out on bail on a charge of trafficking young women from Guyana to work in brothels and night clubs in Nelson Street. Is he the only one? or the only one caught so far?
If this was Ms Myrie’s intention, and she had the right contacts, in the right places the CCJ would not have been called out as the third umpire.
As most of Ms Myrie’s claims were thrown out by the CCJ, that long expensive trial had little to do with her, but moreso with unhindered freedom of movement in Caricom.She was used.
Barbados should therefore not be called upon to foot Ms Myrie’s legal expenses. Let Jamaica and the other Caricom members do that.
2007 was the year that the revision of the Treaty of Chagaramus took place which has allowed now a much easier influx of persons from one Caricom territory to another. 2008 was the year the world’s economy, including the economies of those countries in Caricom, started to implode. I wonder if the Heads of Government would have made that 2007 decision after knowing what has happened.
The Executive Summary of the judgment refers to, but does not make clear, how concerns about Caricom nationals coming to a territory being potential drains on the public purse should be addressed. I doubt that people have to show they have enough money to support themselves for the up to six months they are allowed to stay. If they end up in hospital or prison who is going to pay the bill? And how will you stop them from trying to finding work?
Study it carefully.
Soon it will not matter if a CARICOM citizen in in Barbados, Trinidad, Jamaica, Guyana or where-ever else….
Regional Integration has always been about finding a lowest common denominator ….and we are well on the way there…
Sargeant said:
This case should be appealed not for the monetary award (this is chump change) but because of the precedent it sets. While this is seen as a win for Ms Myrie other Caricom Gov’ts will be studying the decision and realize that they are potentially in the same boat and are unable to determine who can be denied entry into the country.
Its time for a “notwithstanding” clause in the Caricom agreement.
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I have seen this rarely be discussed after reading ALL of the comments.The precedent is very dangerous considering only the CCJ can hear treaty matters.This basically means almost any individual can make the same argument after being denied entry.The decision doesn’t affect if Barbados can deny someone or not,but it simply give the precedent setting decision of allowing anyone who is denied entry to say it is against their ‘freedom of movement’ rights.Considering the economy of Barbados and the amount of individuals be denied/refused entry this could be VERY costly!!!!!!!
“We are worried about border protection? Over some young chick the authorities took advantage of and got caught? Border protection? To protect Barbados from what? Now we call the chick a “rat”? The “rat” had enough nerve to fight the “cat” and win!!! Are you folk for real? Border protection? Who protected the border when those 18 semi-automatic weapons landed? They certainly weren’t manufactured at Portvale factory. Looks like the focus is in the wrong place at the border. Border protection!!! What a bunch of crap.”
Well said Asquith! It appears that the authorities were checking Ms Myrie’s private parts for weapons. Stupse Yet those 18 semi automatic guns breezed through as the trade winds from the east. Were these men planning something? I wonder!
We have to be worried about everything, not one at the expense of the other. Other Caricom states have been known to toss out Caricom Nationals for a lot less than being inaccurate on their immigration forms.
My pre-conditiont;
IF.
If it is illegal then so be it if not leave the woman alone. If officers are neglecting their duties and living a life of vice and you and others know about it that’s what crime stoppers anonymous is for or report them yourselves.
If you can prove it.
The above post addressed to Well Well.
I think the ruling is not fair, the woman was coming here to be involved in sexual activity. Why didn’t they put the man on the stand that invited her, why didn’t the Barbados lawyers have him on the stand even as a hostile witness. six months is a long time with limited money and nowhere to stay. This thing smacks of one sidedness, and Barbados cannot appeal, this is one time bajans should think bajan and buy bajan, and keep her as long as Barack without paying her a red cent.