Tales from the Courts – Arresting the Slide XIX

.. a functioning judiciary underpins an orderly society ...

.. a functioning judiciary underpins an orderly society …

We do not accept that our judiciary is tardy or indecisive. Rather, a distinction must be made between the judiciary and the administrative aspects of the justice systemNation newspaper (June 14, 2014)

It is taboo for the local media to be hostile at the judiciary. BU has been one of the few voices highlighting glaring inefficiencies in our legal system – see Tales from the Courts. Barbados is a society that is respected by those on the outside because our attention to maintaining law and order, AND, a functioning judiciary underpins an orderly society.

Minister Donville Inniss’ public acknowledgement last week that our delinquent judiciary is affecting international investment in Barbados has come as no surprise to BU. Successive governments have allowed politics – like every other thing – to affect decision making in the judiciary. Now we have corroboration from the Minister of Commerce and International Business of situations where business is not coming to Barbados because of concerns about the judiciary. Lest we forget, attracting foreign direct investment is important to Barbados to pay our large import bill AND allows us to maintain our touted high standard of living. Our per capita income is the envy of many.

Unfortunately our leading local newspaper in its editorial quoted above felt to make the distinction between the Court Registry and the Judiciary. This is one of the reasons why Barbados continues to decline on the social and economic indicators index – the failure of the fourth estate to come to the public with clean hands. The Nation editorial conveys the notion that Chief Justice Marston Gibson and Judges have no say in the scheduling of cases and the time it takes to deliver judgements. Of course the delays is compounded by the files at the Court Registry which mysteriously go missing. Meddling by the CJ and Judges has the knock on effect of prolonging justice to those who are remanded for unacceptably long periods. How often have we posted the maxim, justice delayed is justice denied?

There is a reason why this government moved heaven and earth to appoint CJ Gibson. To whom much is give, much will be expected. So far the CJ has scored a big FAIL on every report card since his appointment. Although it must be said he has done well to honour commitments in his social calendar. What does it say about the government, Barbadians, and the local media that our ineffective judiciary (Court Registry included)  is not held to a higher standard? Why do we ignore the rights of Barbadians trampled daily because the system places them on remand for months and sometimes years before justice is meted out?  Why are we insensitive to the fact a strong JUDICIARY is at the bedrock of the stable society that has defined Barbados in the post Independence period? Has our education system failed the nation that we are unable to solve problems on or tiny island? Does the promise by Minister Donville Inniss to sit down with the judiciary inspire any confidence there will be improvement soon?  Have we seen improvement in the ZR and Minibus situation in the last three decades? What about the Queen Elizabeth Hospital? How about implementing the recommendations  of a decade of Auditor General reports?

If we are not careful the society which many have slaved to build and has made us a desirable place to live may soon disappear. Already we have been reading many references to Barbados on the path to failed state status. It gives BU no pleasure to spot the torchlight on the underbelly of Barbados society. If we ignore how will we see the rot and smell the stench to remedy the problem? The traditional media has largely ignored its purpose and marches to the sound of ching ching.

As if to make sensible Barbadians more depressed at the current state of affairs in Barbados, we understand there is concern by the police about the ease with which persons accused of murder are being granted bail and continuing to engage in crime after being released. According to a Nation newspaper report, over the past four years 35 murder accused have been granted bail by the High Court, while 12, after being released, have been rearrested and charged in connection with a second murder, mostly involving guns and knives.

We do not trivialize the point the Court Registry and the Judicial system are separate arms that impact how justice is delivered in Barbados BUT for the Nation newspaper to point the blame at the administrative arm is dishonest and manipulative. Frankly there is a growing segment of Barbadians who are tuning out and when citizens become disengaged from participating in the several organs  which drive our democracy, HELLO!

The following video is recommended viewing. It shows the underbelly of Venezuela’s society. Bear in mind this is a country rich in natural and other resources. Barbados cannot be compared to what is being portrayed in the video but it should serve as a wake up call IF we do not arrest the slide.

94 thoughts on “Tales from the Courts – Arresting the Slide XIX

  1. While there is some truth in what Donville Inniss said. He should have gone further and said that international investors are also shying away from Barbados because the Government refuses to pay damages/compensation when awarded by the Courts – Barrack and Myrie are good examples.

    Additionally, Government makes sure that it’s supporters are placed in senior positions, most of whom have challenges in the area of competence.

    • The Nation newspaper to its credit contacted DPP Charles Leacock who confirmed a letter was sent to CJ Gibson. Whoopee! Why not call a press conference or speak to the matter publicly to raise awareness.


      On the other hand, the DPP in Trinidad has no problem locking horns publicly with the Attorney General on the issue of implementing plea bargaining legislation which is is stridently against.


    • Yet the minister’s statement demonstrated the intricate link between the rule of law and the economy, and its ranking alongside political stability, and infrastructural development, like the quality of health and education facilities, as major considerations for potential investors.

      Agree with this extract from the Nation newspaper, the government and government alone is responsible for enabling the landscape to allow stakeholders in civil society to deliver. The incestuous nature how government and private sector have operated reinforces the need for more transparency in government. A read of the Auditor General reports through the years show the graft facilitated by private sector. The disintegration of the social partnership is another example of the distrust between public and private sector.

      Bottomline, the private sector will not have the confidence to invest and mobilize capital in an environment where social services and public infrastructure is on the rot.

  2. Yet another diversion to take up more time. A man that is again positioned to block progress. Is’nt it time to address the head of state (THE QUEEN) about the corruption here on the Island. when will you all realise -The belling of our fat cats here in Barbados should resemble the stance of Nelson Mandela. He brought the plight of the black people from South Africa to light by being imprisoned for fighting apartheid, which divided black and white people in South Africa and kept them separate. The black people where 2nd class citizens in their own country to that of the white people. Mandela, together with the African National Congress, (which Mandela was president of) eventually broke apartheid.
    “The true people shall govern.
    The people shall share in the country`s wealth
    The land shall be shared among those who work it
    All shall be equal before the law
    All shall enjoy equal human rights
    There shall be work and security
    The doors of learning and culture shall be opened
    There shall be houses, security and comfort
    There shall be peace and friendship.
    There is one man who “belled the fat cats.”
    Millions of dollars are missing, people’s property has been taken the legal system is in a mess and there is no justice. Alert the world to investigate- and see where there money is going..
    Write to the Queen now.

  3. all of which donville said is true however that does not address the inherent problems and the present state of our economy some of which are attributable to the lack of action from the private sector in promoting and creating growth in the economy,,,,,,,after removing the barriers which have hinder ..we also need a sector which shows a spirit and a desire to compete and not one who lags on to the coattails of govt,, .
    . The private sector needs to be more inefficient and internationally competitive and less successful in manipulating economic policy of governments to favour their operations.


    Barbados do not pay their bills nor give a shit what a judge say on the bench , So why would the WB or IMF or another other banks for that matter give them a loan for any thing , Their word or by sign is no good.

    They need to take a loan from the Arabs , in the case of none payment they will loose their hands , chopped off and hang for drugs,
    This method will remove over 600 lawyers and 99% of the DBLP government .
    150million dollar court build on Violet Beckles land , conflict of the court and the victim, Sir Cheltenham is to be renting the High Court land to the same high court on whitepark road ,,, crooks liars and scumbags,



    Anthony Ward | June 15, 2014 at 8:29 AM |@
    Most of the land belong to Violet Beckles , the DBLP only share the stolen goods of land with the Ministers and lawyer and pimp title holders,
    first they have to deal with the owners of the land ,
    the DBLP must be remove to see the truth , Union pimp title holder is knee deep in she-it with this,
    If they set the record right they will have no role in Barbados but welfare and taxes,
    They already know the who took when and how,
    Barbados fraud squad have more document than Madoff and Standford PONZI ,
    There is nothing but long talk news over the island and the police need to go after who and where ever it leads, but they also seem to be part of the problem,
    when the next election comes, they will be a new government and laws applied , They will which RED JET was flying so they can run off the Island as fast and they can ,

    • Time for some civilised powerful intervention, its time for the Queen of England to get involved for her people “THE HEAD OF STATE ” for those who are making alot of noise – Head of state is the common word used to refer to the individual or collective office that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. Her role generally includes personifying the continuity and legitimacy of the state and exercising the political powers, functions and duties granted to the head of state in the country’s constitution and laws. In nation states the head of state is often thought of as the official “leader” of the nation. Forward all of this in advance so no one can escape her powers any where any more…… Bell these cats now.

    • Tippical, third world comment. I suppose you are you are well educated millionaire.

    • As an intelligent commenter responded.
      “There is no room for ignorance.
      His Excellency, Justice the Hon. Elliot Fitzroy Belgrave (Head of state)
      Under the Constitution, he is given authority to act in some matters, for example: in appointing and more to this point -disciplining officers of the civil service;
      Is a judge considered a public servant?
      Answer; (YES-they are and to be more specific they are considered public trustee’s. But they don’t like to be referred as such. So if you ever refer to them as one, expect to get taken out out of court by the sheriff real quick.”

  6. When will any practising lawyers in Barbados file constitutional motions to be heard and argued – in any courts of the people of Barbados – that TAXATION is/has been THEFT of the REMUNERATION PROPERTIES of the relevant people, businesses and other entities in this country??

    When will any Judge sitting in a court of the people of this country and upon serious study of the substance of the arguments of the first of such motions declare an original decision that TAXATION is THEFT by the Government of Barbados?



  7. @David. Excellent. I watched the youtube video as well. Terrifying, but a timely and accurate warning. In fairness to the new Registrar (acting or not) it must be said that she is making every effort to address the backlog. However, to say that the Registry is responsible for scheduling is not quite right. The scheduling has to be given the okay of the CJ and it is clear to insiders that the CJ is obstructing the process. Another point to consider is how in hell is the Registrar expected to effectively address the backlog when judges, in defiance of the constitution and CCJ guidelines, are failing to deliver timely decisions? The guideline is 90 days, or for complex cases, 180 days. Yet some cases are still awaiting decisions YEARS after they have been heard.

    The only answer is to fire delinquent judges for breach of the Constitution. Our foreign investment market is of prime importance if we are to recover from this global recession. That market, not to mention the rights of Bajans of all walks of life, are being held to ransom by the justice system. Not by the government (irrespective of party) but by the justice system. In the same way that 2,000+ civil servants could be made redundant to serve the cause of economic recovery, we should dispense with the “services” of people in the justice system who are actively obstructing the recovery. A breach of the Constitution by a judge is gross misconduct and there is a mechanism within the Constitution to remove judges for gross misconduct – it is high time we implemented it.

  8. I’m sorry that this post – which is mostly a rehash of previous posts in drama-queen mode – failed to consider the most recent judicial appointment.

    How many persons, on average, are charged with murder annually?

    On the Nation statistics – do they imply that the bailed accused re-offended or that, after further investigation, they were charged for offences committed prior to first arrest?

    The post complains, and rightly, about remand prisoners but then criticizes the HC for granting bail. In my experience the HC actually understands and applies the provisions of the Bail Act. Magistrates, by contrast, routinely ignore them. The former attaches stiffer conditions to the grant of bail and, in any event, the seriousness of the offence is only one of the factors to be taken into account when determining whether the grounds for granting bail are satisfied.

    If a newspaper asserts that prime responsibility for delay is rooted in the administration and BU disagrees, does that make the newspaper “dishonest and manipulative”? At the least you might want to say ‘thank you’ for raising the issue. Why do we always go on about the Nation? What does the Advocate say on matters of this kind? I have no idea. My eyes can’t get round the small print.

  9. When
    – unemployment or more specifically idleness,

      -  belief in superstition (of any kind  e.g, Benny Hinn (?)),
       -  widespread substance abuse (even of food),
       - decadent activity particularly fueled by the mass media as
         "we culture" or replicated from elsewhere,
       - inequality compounded by lack of opportunity for the poor for
        - exploitation whether economically, sexually or physically of the
          vulnerable (children, women, the poor and poorly educated) and 
       - corruption (of the Government, the Judiciary, the Police, the schools 

    are mixed together then there is hell. It does not matter how much natural resources a country has, when those things become characteristic of a country then misery becomes the normal state for many. The Barbados I grew up in fought against those things that I have listed above. Even though we had little in the way of natural resources we were able to achieve a level of human development that was the envy of the world. I fear now that we may be in danger of losing our way.

    • @Ping Pong

      A scary picture you dared to paint but when one is in the forest it is impossible for many to see the foliage.

      @Anthony Ward

      To attack judges in Barbados is analogous to blaspheming.

    • NOW calls for CJ meeting

      NOW calls for CJ meetingMarilyn Rice-Bowen, president of the National Organisation of Women.

      BY HEATHER-LYNN EVANSON | SUN, JUNE 15, 2014 – 12:07 AM

      ADD THE National Organisation of Women (NOW) to those who are awaiting an audience with the Chief Justice about judges granting bail to men accused of murder.

      And president of NOW, Marilyn Rice-Bowen, wants to get an idea of the process behind that granting of bail so the organisation could give a “heads up” to the families of murder victims.

      “If this is going to be the new [normal] then we ought to be in a position to prepare our families. What we are saying is if it has to happen, there should be a process,” she told the SUNDAY SUN.

      The NOW president’s comments come in the wake of concern being expressed about the number of accused on murder charges who face new charges of killing, have been released

      Please read the full story in today’s SUNDAY SUN, or in the eNATION edition.

    • Andrew Pilgrim leaves, Barry Gale enters, the same bullshit.

      Fruitful meeting on court system

      President of the Barbados Bar Association, Barry Gale, QC.(FP)

      Practitioners in the administration of justice in Barbados have agreed to stop “blaming each other” and “pointing fingers” as a first step toward improving the system.

      They have also concluded that there should be a registration system for repeat sexual offenders, electronic monitoring of people on bail and probation, and that each judge should have at least one judicial assistant. Also, to expedite civil matters, courts should sit in the morning and afternoon.

      This was disclosed yesterday by president of the Barbados Bar Association, Barry Gale, QC, as he reported on a recent three-hour meeting with Chief Justice Sir Marston Gibson and Attorney General Adriel Brathwaite at which problems and possible solutions were identified to improve the functioning of the law courts.

      Gale said the consensus was that the meeting was overdue and significant, as well as refreshingly constructive.

      NationNews.com © Nation Publishing Co. Limited 2014

  10. Ping Pong

    You’re obviously living in the backwashed of disillusionment because we’re living in an entirely different world from the world you have grew up in as a child in Barbados. And you have given little or no account of the divine prophecy the Hebrew Scriptures offers as a understanding of the moral- slippage in our modern day and times.

  11. David to Anthony

    More drama-queening.

    HOWEVER – I’m SO GLAD that Registry is well on the way to rehabilitation. Now will David say whether HE ever reads the Advocate and what its attitude is to the matter under discussion – well, if it has one.

  12. “to get an idea of the process”…of bail

    Well David…in one incarnation you’re a lawyer so tell them. Begin with the presumption of innocence.

  13. To any defense lawyer, his client is always innocent, but innocent or not, bail is always determined on the severity of the offence right Ross?

  14. No Dompey it’s not. Severity is one factor in determining, eg, whether there is a likelihood that D will reoffend, interfere with witnesses or skip the jurisdiction.

  15. Anthony Ward…….where do you think all that corruption and separatism/apartheid was given birth to, in buckingham palace of course, what do you think will happen to the corrupt in Barbados when their names are called in a letter written and sent from Barbados? why they will be awarded with more pimp titles of course, do you not know that most of the pimp title holders (titles out of buckingham palace) are the thieves, racists, corrupt scumbags in Barbados that have managed to be so destructive to a system that was designed to be destructive to black people in the first place that it’s only the citizens can say ENOUGH…

    • Perhaps with the ineffective judicial system implossion we need “Martial law ” -the imposition of military power over designated regions on an emergency basis.
      Martial law is usually imposed on a temporary basis when the civilian government or civilian authorities fail to function effectively (e.g., maintain order and security, or provide essential services). In full-scale martial law, the highest-ranking military officer would take over, or be installed, as the military governor or as head of the government, thus removing all power from the previous executive, legislative, and judicial branches of government.
      How wll that pan out for criminals,
      Same cells as civil servants….

  16. Ross, as I’ve reiterated before, in the American judicial system, there are certain crimes that bail are refused based on the severity of the offence such as: murder, sexual assaulted of a child etc. I guess this does not apply to the Barbadian judicial system.

  17. ” stop “blaming each other” and “pointing fingers” as a first step toward improving the system.”

    This is called collusion.

  18. “Also, to expedite civil matters, courts should sit in the morning and afternoon.”

    Yeah, and what’s wrong with night court, it’s a big pretty court with all the trappings that would allow night court, cut down on those civil cases and the need for defendants to drag out for years and years matters that could be settled in weeks.

  19. Hants……..I gotta agree with the magistrate on this one, no bail is appropriate, i have never heard of the local authorities being able to extradite any criminals from Europe or North America even when they hold their passports they are able to flee, seeing that the passports belong to the Canadian government and not the accused, the government will have to hand over the passports to Canadian Immigration eventually, no bail in this case works well….a lot more information in the below link.


  20. David…in context of the Gale piece please explain “bullshit”. I mean it’s all good drama-queen stuff but what of the proposals themselves? Try not to be so bitter.

    Well Well

    Evening sittings..yes,.why not?

  21. Ross:
    You complain about people taking pot shots at you but you invite these things when you utilize phrases like”drama queen”!! Think about it who does the drama queen thing or ask Didi!!

  22. There is no denying here that all on the blog knows that the judicial process under the system that makes it the way that it is is flawed and filled with compromises. With that knowledge, what is needed now is a full marketing and awareness campaign to get the “bats” that keep it so to come out of their dark caves and fly in the open where all can see it and demand that it change. It is best that the sacrifice of the few prominent be made in the interest of the non prominent majority.

    • @SSS

      Not sure if it is about spreading the word only. There is a lack of appreciation by the majority of the population who seem to be anchored in a belief despite all exposed it can’t happen here. The issue of teefin lawyers, late cases in the courts etc has been ventilated across Barbados.

    • @SSS

      On the contrary, not throwing cold water on you perspective. It will be a challenge to force change, it will be a challenge to buck the establishment.

      There is consensus we need ‘boots on the ground’ ground but a winning strategy will be dictated by the ‘battlefield’. Crafting a message to penetrate the Bajan psyche read this is God’s country, it can’t happen here will require high level planning. It is bigger in BU’s view than marching, printing flyers etc. The planning must be right. So far there is a rush to do the end ‘things’.

  23. @David

    Don’t throw cold water on such a strategy until it is tried and proven. There have never been any anti open awareness campaigns to sensitize John Public about the real system that governs the long delays in the judicial process/practice. Do you know of any David? I mean the blogs could probably be considered that drive or a form of it but the blogs function more like a safe haven of anonymous contributions on a variety of topics and not open protest on the provision of facts disseminated via flyers and brochures to show people the proof of the tardiness, protection mechanisms and deliberate delaying of justice concerning specifics.

    Barbadians are led to believe and believe that the justice system is the way that it is because it has always been so and years of conditioning has lent itself to this prevailing mentality. A perfect example of this is the conditioning to accept the high cost of living, Is it not true that Barbadians believe that if it ain’t expensive it ain’t good or top quality?

    If the delay of cases can be linked to actions intended to protect an entity or individual(s) or that the delay serve as a useful ploy for specific gains or personal interests, then the exposure could prove useful in protest action to remove the ruthless elements. Do you not see a stance to bring about changes for the betterment of a transparent judicial system under a judicial process/practice that must be held accountable for any actions that may circumvent the rules and authoritative figures of that system?

    Some form of action must protest against systems that are painting pictures that make us less than ideal. An island and its way of life is being threatened by interests that but self far above the importance of state and stately progressions. Something needs to be done.

  24. @David

    I am sorry but I do not think all the strategy in the world will work or make a difference. There is obvious intentions on the judiciary to delay the system of justice. What is the why for this? What is the explanation? There is an obvious practice of never ever prosecuting the high ranking flyers but only those of the lowly ranks. What is the why for this? What is the explanation. I am a firm believer in diplomacy but I am also a firm believer that in the midst of chaos order eventually emerges. The judiciary proclamates pseudo and not so pseudo reasons for our system of justice. Our political system is an extension of the judiciary process in that most are lawyers. I draw a clear link between the frustration of the less than ideal expediencies of our political system and those of the judiciary.We want them to make it right, make it transparent and make it a confident process of execution.

  25. Lemuel

    Now you’re being impish. No-one took a pot shot at me. He didn’t have the guts.

    Leave dear Didi alone (lol) – she’s more ‘original’ than David’s “bullshit”.

    David wants planning…and talking and talking and talking and…….in face of profound remarks like “There is obvious intentions on the judiciary to delay the system of justice.” Oh dear…but I’m sure David loves it.

  26. One gets the distinct feelings sometimes, that Jack Boremann is closely related to our good friend Robert “Bobby” Ross….especially as it relates to the pissy mediocrity of the whole legal system in Barbados….
    Exactly where we should EXPECT the highest of standards, we get excuses from Ross, along with diversions, red herrings…and petty digs at David BU – Barbados’ 11 National Hero.

    Truth is….our legal clique deserves to have stayed in the dilapidated place they had between the Police Station and the old Library…..at least then they could blame the surroundings and cramped conditions for their mediocrity….
    The new White Park building only exposes the fact that the real rot is in the inhabitants….

    • Humans are creatures of habit.
      In years old philosophy, anyone with a genuine interest in this, by this I mean requiring instant justice, you should realise that “By holding out advantages to him, he can cause the enemy to approach of his own accord; or, by inflicting damage, he can make it impossible for the enemy to draw near.”
      By the time anyone of low rank gets justice the people response able will have resigned without being accountable or time will be opened up for them to escape with an inquiry
      Civil servants are immune to prosecution anyway. We need a transparent goverment internal Audit. Called by the people for the people.

  27. SSS said:

    ” I mean the blogs could probably be considered that drive or a form of it but the blogs function more like a safe haven of anonymous contributions on a variety of topics and not open protest on the provision of facts disseminated via flyers and brochures to show people the proof of the tardiness, protection mechanisms and deliberate delaying of justice concerning specifics.”

    While i agree with much of what you said, if every blogger on BU were to make him/herself known, knowing the bajan mentality, automatically all the issues that now affect and is bringing the island to it’s knees will be forgotten and the focus will turn for many years on how to bring down the people responsible for the exposure, hence bloggers like myself who live abroad stand a better chance of exposing the wrongs than those who live on the island and are targets.

    SSS said:
    “If the delay of cases can be linked to actions intended to protect an entity or individual(s) or that the delay serve as a useful ploy for specific gains or personal interests, then the exposure could prove useful in protest action to remove the ruthless elements.”

    I clearly feel this statement, but these special self-interests are protected as we have seen Leroy Parris, by PM Stuart, Peter Harris, by DLP/BLP…what is currently needed is a very strong Chief Justice with an equally strong Registrar so that those who are destroying the judiciary and other state entities are sent a very strong message, the politicians are weak, useless and disgusting, they have been thoroughly compromised……..the populace really don’t understand the depth of corruption.

    Hants……there are some really hi-tech software for calendaring court dates that has been around for decades, but that may not be on the urgent to-do list of the workers at the registry, whom i am told most of the girls, who were Mia Mottley’s girlfriends as Attorney General back then, now rules the roost.

    • While those who know who they are continue to Block up courts for years, and the heads refuse to administer justice, why don’t individuals adopt the private prosecution stance. Employ private detectives to present the case to Courts, if they are not interested go to the Caribbean court of justice.
      The main problem is ” the old boys club” where no one wants to put their friend in the dock…

  28. Ross…….I thought that would have been first on the to-do list, at least when the new Chief Justice took up his post, he knows only too well about night court and video conferencing etc, etc, in New York.

  29. Hants…….Canada is getting more serious about corruption.

    Canadian Anti-Bribery and Corruption Law: Tools to Manage Risk


    Friday, June 20, 2014 from 12:00 PM to 1:00 PM EST

    Your Computer

    On Friday, June 20, 2014 at 12:00 noon EST

    Clifford Sosnow will be speaking about Canadian Anti-Bribery and Corruption Law. Clifford’s talk will cover:

    The 'new' CFPOA - significant changes, key differences with US FCPA, recent jurisprudence (decisions on jurisdiction and penalties)
    Best practices and guides regarding hosptality (gifts, travel, entertainment) when dealing with foreign public officials
    How to minimize risk when engaging agents
    Due diligence red flgs and risk minimization in M&A transactions


    Clifford Sosnow

    Fasken Martineau DuMoulin LLP

    Clifford Sosnow is a Partner practising out of Fasken Martineau’s Ottawa office.

    Known for the advice he provides leading corporations, governments and industry associations on global trade and investment issues, Clifford regularly provides his clients with opinion advice, compliance audits, transactional due diligence and litigation respecting foreign corrupt practices, free trade agreements, bilateral investment agreements, World Trade Organization (WTO) law, sanctions, export controls and procurement. He is recognized as a leading international trade practitioner in Chambers Global: The World’s Leading Lawyers for Business, The Canadian Legal Lexpert Directory, The Best Lawyers in Canada, The International Who’s Who of Trade & Customs Lawyers, Legal 500 Canada, Guide to the World’s Leading International Trade Lawyers, and Who’s Who Legal: Canada.

    Clifford has appeared before North American Free Trade Agreement (NAFTA) and WTO panels, the Canadian International Trade Tribunal (CITT) and the Federal Court of Appeal. He has advocated and lobbied on behalf of clients regarding proposed and existing regulations and the negotiation of free trade and bilateral investment agreements.

    Clifford is regularly sought after to provide comment to the media. He is often quoted for his expertise and has been mentioned in publications, including The Globe and Mail, Lexpert, The Lawyers’ Weekly and Law Times.

    Clifford holds leadership and executive committee

    positions in many professional associations, writes extensively on matters involving international trade and investment, is a member of the Editorial Board of the Kluwer Law International’s Global Trade and Customs Journal, and is often invited to speak or act as moderator at conferences around the world.

    Clifford previously served as counsel with the trade law division of the Canadian Department of Foreign Affairs and International Trade. He was also counsel to the Canadian International Trade Tribunal.

  30. Hants…….you got that right, don’t know what Dumbville Inniss thought he was doing, he thinks he’s dealing with those two-bit, fly-by-night crooks calling themselves businessmen/women in Barbados

  31. Poor Raz……suck it up, no one, particularly the I, gives a rat’s ass what you agree with or not, suffice it to say, you cannot tell me anything i say is not true, like it, lump it, lay down next to it, your problem….lol

  32. Bush Tea

    Now tell me BIG BOY…what EXCUSES have I offered and for what and why?

    Now….one issue, indeed the only issue really, is whether there’s light in respect of problems we all know exist though not in the way some have articulated them.

    Consider the CJ

    Two years ago BU was jubilant that this savior character was going to sort it all out…and didn’t he just play into your hands with the leaked email referring to grasping lawyers? Remember Bush Tea, David., Amused…REMEMBER?? One voice refused to join the herd…MINE. Then, over time you people slowly – well it’s difficult to deal with prejudice especially when you’ve manufactured it – began to realize that the man is a washout.

    Ah but now consider….he has joined with Gale to speak of fruitful discussions. Pilgrim must be retching. Of course David says it’s all bullshit – and he may be right BUT please say what you think of the proposals. I mean David…give us some INTELLECT not just hyperbolic slogans. How far we’ve moved from the halcyon days of CJ-speak and BU ADORATION. Jesus.

    Now consider. The ‘Gun Case’ judgment is out – a year after it was promised. Historically when the great constitutional cases were decided judgments were delivered and written by the CJ. Not this time apparently…written by a judge now retired. Oh dear. Is there hope? But at least it’s published – so that’s progress.

    Meanwhile BU is silent on the latest judicial appointment – and if there was a cause for shock, horror the whole bloody works this is it.

    Meanwhile Bush Tea considers RR is making excuses. For Christ’s sake use your brain fella. As usual devoted to your own ego as you are, you are speaking from the wrong orifice.

  33. Robert Ross, “Meanwhile BU is silent on the latest judicial appointment – and if there was a cause for shock, horror the whole bloody works this is it.’

    BARBADOS’ NEWEST HIGH Court judge, Michelle Weekes

    Please enlighten us overseas Bajans as to why we should be shocked.

  34. Ross:
    I have not seen you so worked up in a long time. Yes, Ms Weekes is a political appointee because of her father Lawson Weekes DLP!! But Pamela Beckles would have been one too; remember who her father is : T. Beckles!! And if they make L. Smith the Registrar, she is DLP too: Sleepy Smith fambahle!!

    Bushie, boy the whole of the justice system in a mess!!

  35. How do we expect for others to take the “rule of Law” seriously in Barbados when we in such a judicial mess!!

  36. Lemuel

    On Pamela Beckles….do remember that Pamela B was a great favourite on BU at one time. Amused would roll over and kick his legs in the air about her – with justification. Equally, MW was depicted as a breath of fresh air after Marva Clarke, rightly or wrongly. It’s interesting, however, that we haven’t heard from David about the Weekes appointment. The idea of yet another political protege – at the very least – would normally make him bite his elbows.

    Yes – people like BT DO irritate me. For one thing he is intellectually dishonest. He thinks that to repeat over and over that our legal system is the pits is somehow an argument. To say that I offered “excuses” is plain misrepresentation – and stupid . But let him explain himself. He then says I’ve made snide remarks to David – to which I say “look sunshine….it was David, the man who says he welcomes all views, who threw the first punch with the JA reference.’ The fact is, he is a lawyer and he knows bloody well about the presumption of innocence but contents himself with generalities which he knows will be popular with the uninformed. In other words, he’s a manipulator and to that extent intellectually dishonest too. Of course, if he isn’t a lawyer he should say so and stop attaching his name to posts about the legal system as if to say he’s an expert. OR – let the ghost writer own up.

    As for the “judicial mess” – identify what the problems are, identify the cause, propose a remedy – and PLEASE not ‘fire the judges’ most of whom are very competent indeed. Both Pilgrim and Gale have tried to do this. Pilgrim failed because he wasn’t a diplomat and the CJ THEN thought his dignity was more important than the problems. Now he knows the world has woken up and so is anxious to please. Well, at root he’s a nice man and will see the sense of it. Good. That’s progress too so perhaps change will come. I hope so. We are all agreed on the need.

  37. @Well Well

    The judicial system mirrors the political system and thus needs protest with a difference.

    If facts concerning years of delayed cases are put forward for public opinion on a massive level; not in some written article or publish statement by some guru upset at the process which is a – read today and forgotten tomorrow – I am talking PBP Protest By Paper, I believe that this would be a step in doing something. If enough factual information is printed and disseminated in an organized way; highlighting as well, those jurisdictions that have been critical of the Barbados justice system, I do not see how an effort like that could go on notice. All like now flyers and brochures can be done online and posted on BU and other blogs highlighting the Barbados situation. There are enough lawyers on here to advise on any legal implications the nefarious might seek to drudge up in their attempt to stop the process.

    Let me give you an example, in the section of Europe that I live, there is the desire of the state council to endeavour of a massive development on some land that is green space but is unsightly and unused. The council before making the decision put the matter to an oversight committee for three decisions:
    1) That this decision should be decided by the people and
    2) That the decision of the people must also decide on or give input to (a) its design and (b) if no development, provide an alternative for the space as the space must be utilized for a better purpose than an unsightly eyesore.
    3) And that the decision of the people will only be decided upon relative to 1 and 2 if there are more than 50.000,00 votes.

    On Saturday, members of the oversight committee and their helpers set up booths all over the city with large banners displaying the purpose. They had simple forms that indicated the usefulness of the development and its impact on city development. The form had a deadline date. I signed and was told that my signature constituted the 23.000th person. I believe by now they have surpassed that figure. My point is, the people decided upon the political proposal for a multi-million dollar project and had input into its design by offering suggestions etc. The people were give the opportunity to tender their opinions concerning their electives spending proposal. I therefore see no reason why the people cannot organized information booths, submit letters to the government concerning matters their need clarified and rectified, and continue in their PAP protest against injustices that are obvious in the corrupt system of Barbados

    Also, I believe they are enough scientist on here who have the wherewithal to conjure up a scientific survey that can be used to provide public opinion across the global Barbadian spectrum on the matter of the judiciary.

  38. Ross:
    I am with you on this one. Some one called me and told that what is even worse is that Michelle Weekes is Freundel’s girlfriend! But David Simmons made his wife a judge too, so I guess Freundel has to get in one too!! But I must admit that Mrs. Simmons was competent, although it did not look good!!

    Ross, I would agree with you that for the most part we do have a good crop of judges. What concerns me is when the time comes when people who should never sit in the bench are appointed because of their political leanings. This situation shall lend a hand in the development of such a scenario!!

    • @Lemuel

      The legal officers appointed in the judiciary are good guys and gals independent of the politician arm.

      Importantly, Prime Minister Fruendel Stuart, Mr. Integrity himself, will not subscribe to what is being said/imputed.

  39. Dvaid:
    If you really believe what you just wrote then I know that you have been speaking too much to Miller!!

  40. @ R.Ross
    Yes – people like BT DO irritate me.
    Piss off Ross! …..that is EXACTLY the point. …what do you think is the purpose of the damn whacker…? 🙂

    This issue seems to REALLY get your goat….. LOL….wonder why?
    the FACTS are that our judicial system is the pits…
    The FACTS are that:
    – it is biased against the poor
    – justice is unbalanced and ….S L O W
    – NO BIGUPS EVER seem to be sanctioned…
    – Most players appear to be DISHONEST
    – MOST JUDGES seem to be unproductive
    – Many decisions are technically poor

    Which of these (and many more) facts are untrue…?

    If you know of specific reasons why we have these POOR RESULTS, then it is for YOU to expose, explain….and CORRECT them…
    …not for Bushie, Amused and David to shut up about it… (like the ‘good’ old days)

    You are just talking shiite and making excuses for mediocrity ….as usual. If these damn Judges are as competent as you say ..why the hell dont we hear or see THEM making efforts to correct the OBVIOUS shortcomings…?
    …you just want to be left in peace to continue on wunna merry way….

    If you got problems with Freundel’s girl being appointed say so…. Don’t keep picking at others for NOT saying so….we may not know one shiite about his women…. (Well except David – he knows every shiite…)
    Suppose she turns out to be competent, innovative and a game-changer? (…not likely…cause she start by saying she wants to be like those who ‘went before her’…..But Bushie will give her a month or two to show her colors)

    But YOU!?!
    ….Your honeymoon is up!!!

  41. @Bushie. Excellent comments.

    My view of law and the justice system in any country is that its sole purpose is to administer justice. Justice itself is defined by the aspirations (and culture) of the community it is designed to serve. Therefore, the law is, in fact, very simple and with the numbers of educated people in Barbados today, to try to mystify the law and turn it into a pseudo-intellectual exercise will only serve to make the person doing this look like a fool in the eyes of the majority. And, since we are a common law country and this is a blog with wide coverage, they will look like a fool in the eyes of potentially billions around the world.

    So let me ask a few questions.

    Are the aspirations of the people of Barbados being served by a justice system that:

    1. Takes years (sometimes decades) to schedule hearings of cases?
    2. Denies justice through delays in rendering judgements?

    3. Rudely obstructs citizens in their lawful attempts to obtain public-domain documents?

    4. Holds people on remand for years before bringing them to trial – or abandoning the charges?

    5. Allows potentially and allegedly dangerous persons out on bail with a frightening statistic of re-offending and thereby placing the lives of citizens at risk?

    6. By its omissions in providing timely justice and scheduling hearings in a timely manner, all but eradicates foreign investment to the financial detriment and hardship of all of the country?

    If your answer is yes, then clearly either you or I do not understand the aspirations and culture of Barbados.

    If your answer is no, then how can we fix or resurrect the justice system? Do we have to:

    1. Seek the removal of a CJ (whose appointment I, for my sins, supported) as he is clearly incapable of doing the job?
  42. Remove judges who are in breach of the Constitution?

  43. Hold clerical staff to far higher standards of efficiency and politeness and timely scheduling and remove those who do not meet these standards?

  44. I note that there have been negative comments on the appointment of Michelle Weekes to the bench. This appointment ought to come as no surprise to anyone. Whether Weekes J will do a good job or not, remains to be seen. However, it ought to be noted that while at the Registry, she had an excellent rapport with counsel and was very efficient. Also, her grasp of law and the processes and administration of same was, in my experience, excellent. Based solely on this, therefore, I believe her appointment to be a sound decision and hopefully she will work with the same diligence as previously. In the circumstances and without allowing Weekes J to prove herself (as she has in the past) I can only ascribe the negative comments and accusations of political nepotism to a case of extreme sour grapes.

    It has been also noted that Laurie-Ann Smith-Bovell is acting registrar and DLP nepotism has been mooted in connection with this, because of her family ties to eminent counsel and DLP stalwarts like Sir Frederick Smith QC and Mr Vernon Smith QC, not to forget Waterman AJ and Mr King QC. Once again, the proof of the pudding will be in the eating and my own observation is that Ms Smith-Bovell is doing all she can to sort out the Registry in the face of quite a lot of obstruction from her boss, who seems intent on maintaining a totally unacceptable status quo. Now, we must wait to see if she will prevail AND if the powers-that-be will provide her the backing and support she needs to prevail in the interests of the country. If Ms Smith-Bovell’s family ties are to be brought into the matter, then maybe we ought to reflect on the enormous service that these family ties have rendered to Barbados and take comfort in the possibility that she will follow in these massive footsteps.

    It is common knowledge within the legal community that the CJ does not have the confidence of the Bench – and with good reason. BUT, it is also widely known that neither the CJ nor the Bench nor the justice system as a whole, enjoys the confidence of the people of Barbados nor the international investment community. Mr Barry Gale’s comments about the independence of judges is therefore nonsense – as I have said before, the independence of the judiciary is not absolute so long as they are being paid by public funds – it is just common sense that this is the case.

    So it is not an esoteric or pseudo-academic discussion. The matter is very simple. The justice system is not working. It is broken and justice is not being done and ordinary Bajans having their lives, their finances, their aspirations and their culture and reasonable expectations put at severe risk. The whole culture and stability of the country is being undermined. No point telling me that it will be costly both in terms of time and money to remedy this situation. I know that. But how much more costly will it be NOT to remedy it?

  45. Amused

    I agree with most of what you say – and keep saying so. What amazes me about you people is that even when I agree with you for some reason you DON’T see it, or DON’T choose to see it. But on the question of law and mysticism Amused – good – let the next man do your job. The fact is that the law is a private game played for a public purpose and YES we’re all agreed the public purpose is sorely challenged. For you to go on about remand prisoners without acknowledging that this is a hobby horse of mine NOT the post writer – you? – is typical ‘BU slippery’.

    Did you write the post? If not you will see the contradiction in arguing against the way remand is played and yet suggesting that too many persons charged with murder are released on bail. And then you become intellectually dishonest too. You know very well, or should, what the provisions of the Bail Act are. Very well, argue they should be changed and then deal with my point that it’s unclear whether the ‘re-offenders’ so-called offended before or after their arrest for the alleged homicide.

    Bush Tea

    You’ve still said nothing other than generality. But let’s start. WHERE and in respect of WHAT and WHY do you say I made excuses?

    Of the Weekes appointment. What I find incredible is that you people are happy to snitch at Simmons for being a politico but when it comes to the appointment of one whose appointment is compromised, to an extent, you remain silent. I stated the BU view of her above – again an example of choosing not to read. And sure she may be great and most certainly good luck. BUT when it comes to the Judiciary I thought the argument was that appointments must be seen to be TRANSPARENTLY as chaste as Caesar’s wife. Or have the ground rules changed of a sudden? IF you appoint someone who is notionally compromised, as I suggest this appointment is, then the credentials of the appointee MUST be impeccable. And it says nothing to say she has wide experience having worked in the AG’s office.


    Yes….that was actually what I was insinuating. The great legal minds like Bush Tea didn’t want to open their mouths, nor David, nor Amused. Why?

    • Was it the Caribbean Court of Justice leadership who chided the tardiness of Barbados Court system delivering decisions? Justice delayed is justice denied! The following article is instructive:

      CCJ President stresses importance of quality judiciary


      President of the Caribbean Court of Justice (CCJ) Right Honourable Sir Dennis Byron says there are those in the Caribbean who feel that regional judges lack autonomy, backbone, integrity and morality. This, he emphasised, is the result of the judiciary being influenced and corrupted by politicians.

      The notion was expressed at the Barbados Annual Judicial Retreat 2012 earlier this month at the Supreme Court Complex, Whitepark Road, Bridgetown, Barbados.


      CCJ President, Right Hon. Sir Dennis Byron

      “Until Judges exhibit their willingness to stand up to big business, and stop bantering to politicians we the people cannot have confidence in them,” Sir Dennis stressed.

      Noting that this judgment may be harsh and inaccurate, the CCJ President said this represents the perception of a significant portion of the public, and this must be dealt with


    • @Amused

      You have touched on the point which we hoped would have been more clear in the conversation so far. It is the protestations of the citizenry of the country that is meant to pressure existing laws with a view to make more relevant. In the case of the Bail Act, if there is some trend or early indication we need to publicly highlight to feel satisfied it is relevant why not! It is what freedom of expression and free will require. It satisfies the reason we live.

  46. @Ross. I don’t recall saying that you disagreed with me. However, I do take issue with you on a few matters, mostly respectfully.

    The first is the suggestion of a lack of transparency in the appointment of Weekes J to the bench and the suggestion that the political partisanship of members of her family and her own employment in the AG’s office equates her appointment with that of Sir David Simmons. Weekes J, so far as I am aware, has never stood for election to Parliament as a primary member of any political party and has never sat as an MP, unlike Sir David. Weekes J has never been a member of the Cabinet, unlike Sir David. Weekes J applied for and obtained a job as counsel in what in other countries would be called the “Ministry of Justice”, the very existence of which requires the employment of many counsel of all political shades and hues, unlike Sir David. In other words, she worked as a lawyer, not as an elected MP and head of a ministry and a member of the Cabinet. There is no similarity to Sir David Simmons, who was MP, a minister and a member of the cabinet and went from there straight into the job of CJ, which was highly inappropriate.

    @David. The independence and lack of political partisanship of any judge in the execution of their job as a judge, which is to apply the law fairly and impartially, is solely down to the judge themselves and to their integrity as a judge and impartial arbiter – and as a responsible member of the Bench.

    The Bail Act does give judges discretionary powers. I would like to see these used more in the protection of the taxpayer who pays their salaries, but I accept that a major overhaul of the Bail Act is needed as a matter of urgency.

  47. I agree with the comments of Donville Inniss. For years we have behaved as though the judiciary is sacrosanct. The reality is that it takes too long to have matters heard; too many adjournment; few decisions issued and even less written. There is a serious lack of scholarly work from our Bench. We have to accept that it is an awful state.

    For the Nation Newspaper to be so defensive of the Judiciary is nothing but pathetic. You cannot defend the indefensible. But I am not surprised. The inferior folks at the Nation newspaper like to suck up to Judges. Always looking for an ease when they or their children get into trouble with guns or drugs

  48. I have been trying to understand why the justice system is getting criticized. The major problem is that the existing system requires massive amounts of time to process even the simplest matters.

    The issue of scheduling is a monumental problem if you are not using Scheduling and Tracking Software. In a densely populated country like Barbados you need computerization to manage the volume of cases before the courts.

    It seems that there is no problem with the Judges competence to render good and fair decisions
    There is a big problem with the archaic the justice system is structured and managed.

    Maybe it is time to get outside help to manage the computerization of the system.

  49. @Hants. The computer systems are there, so no need to install them, because they are all there. I cannot speak to the training of personnel in using the systems or whether the available and cutting-edge systems are being used – I have no first hand knowledge of that. Most filings these days are done online and that includes service. As for your comments about judges’ decisions and competence, with alarmingly few exceptions, you and I will have to agree to disagree. There are alarmingly high statistics of decisions reserved (outstanding) many of them for years, the number of decisions overturned on appeal is equally alarming and most damning of all is that the CCJ continues to complain of judicial delay in Barbados and nothing is done to correct it. Your final sentence I can accept, only if amended, “Maybe it is time to get outside help to manage the system.”

    @David. I will have a careful look again at the Bail Act over the coming weeks and get back to you. If you are proposing to lobby for changes, it would be unwise, I am sure you would agree, to “shoot from the hip.”

  50. Amused:
    You can not have your cake and eat it too. If Ms Weekes is Freundel’s girl I do not care how mannerly she was to counsel or how long she worked on the government side, it is BAD and it look BAD!! Go back to your philosophical position on the purpose of the judiciary and see if it lines up with every Prime Minister picking his chosels and political friends’ children to sit on the bench and provide judgments!!! And yet wunnah lawyers get to nerve to come and say the system isn’t working when wunnah know it is ONLY supposed to work for certain people. When Billie Miller brek or injured she foot at a government facility case was heard in a hurry and she got compensation!!

  51. Lemuel | June 16, 2014 at 8:27 PM |

    I have not seen you so worked up in a long time. Yes, Ms Weekes is a political appointee because of her father Lawson Weekes DLP!! But Pamela Beckles would have been one too; remember who her father is : T. Beckles!! And if they make L. Smith the Registrar, she is DLP too: Sleepy Smith fambahle!!

    More and more the nepotism comes to the fore.

    I understand the registrar is trying to straighten out things, so she gets the benefit of the doubt.

    SSS………i am aware of the system where X amount of signatures are garnered to make significant changes, even the Swiss collect at least 1000 signatures to get rid of the government when they piss them off, a petition, the idea is fantastic once people in Barbados are willing to go that route.

    Hants…..sometimes it’s in the interests of defendants to have these cases prolonged indefinitely, i do not know why, in all fairness Judges in Barbados would actually allow this to happen, that is why most people believe the Judges take bribes from insurance companies, private individuals with lots of cash etc, i hope not, but it has to be taken into consideration after all these glaring delays that are unconscionable and do not happen in countries with millions of people, the population is way too small for what happens in Barbados’ judiciary.

    There is too much corruption in every sector of Barbados that impacts the lives of the public.

    • Perhaps, but all this talk about corruption isn’t doing anything..
      A genuine petition, about the SLOWNESS of the country, as well as a time and motion study, might make sense for a night court. I still can’t understand the wait in the banks while most people can do most banking on line…..

  52. Difference in sentencing:(excerpted from Nationnews.)

    Case 1 .
    Twenty-two cannabis plants were discovered and seized.

    He pleaded guilty to charges of possession of cannabis, possession with intent to supply, trafficking and cultivation.

    For the charge of possession, he was fined $20 000 on or before December 19, 2014 or two years in prison. He was convicted, reprimanded and discharged on the remaining charges.

    Case 2.

    Seventeen cannabis plants were discovered and seized.

    He also pleaded guilty to the charges and was fined $5 000 on or before September 19, 2014 or 9 months in prison for possession

    • If you want mechanical justice, you will have to be block judged by a machine. I cannot a shouldn’t judge a judges decision. People brake the law every day, in certain countries it is against the law to begg. Yet it seems the norm here. There are always mitigating circumstances. I’ll reference a man stabbed in St Lawrence gap. No abmbulance could respond. The man died. Who’s fault, well the charge would change because of the out come. I would argue we need better responce services because the incidents media cover has made the whole of the island look unsafe.

  53. Well it’s nice to know that RR has actually got you to talk explicitly now about the provisions of the Bail Act as an issue of reform. Gosh you people are funny.


    You have struck upon an issue which is dear to my heart but probably NOT for the reason you think. A preliminary point – sentences inevitably differ where there is discretion and a maximum penalty is (statutorily) imposed and where there are otherwise no sentencing guidelines.. Obviously the Court will take into account all the circumstances which, in your two examples, we don’t know. Eg the accused may be a person from a poor background trying to make his way and not IN FACT a hardened drugs pusher.

    Now routinely where a man is charged with the offences you mention there has been IN FACT NO trafficking, no possession, or possession with intent to supply. There has been one offence and one only – CULTIVATION. The other offences stem from that by reason of the quantum of plants and the supposed weight of the plants irrespective of whether they have budded and are useable AS cannabis with an IMMEDIATE street value. In other words, the other alleged offences, apart from cultivation, are rooted in a fiction and in lawyer speak I want to say they are bad for duplicity. Garcia had a similar situation but the CA recognized it and quashed the trafficking conviction. I am hoping to be able to argue the point soon. Now it may be – MAY be – that in your second case there was some indication, some feeling, that my argument had force. I don’t know – and I haven’t heard of it being argued explicitly yet. But I freely give it to anyone who wants to use it.

  54. “As chaste as Caesar’s wife…”

    That’s the nub of it – not membership of a political party. From what I have observed the new judge did not acquit herself especially well as a magistrate. She seems to have regarded her post as a private fiefdom – to be there or not there whenever it suited her. BUT like the CJ perhaps with power ultimately comes some sense of responsibility though as I say, where an appointment is tarnished it is essential that no criticism can be made of the appointment as making total ‘judicial’ sense. The appointment of Ms Beckles, Amused’s old heart throb, would have done so. Time will tell and, of course, I wish her well. Even lawyers are entitled to fall in love and not have it held against them.

    I still do not understand why BU has not been up in arms about the appointment. Maybe David’s on probation.

  55. It is comforting to know that dear Amused is going to scrutinize the Bail Act and report back. Doubtless it will appear as a ‘tale’ from the courts under David’s name.

  56. Amused

    When you apply your massive legal brain to the provisions of the Bail Act do remember the presumption of innocence upon which the concept of bail is predicated. You also say you are going to have regard to the interests of the tax payer – and I assume you mean by that NOT routinely incarcerating people pre-trial willy- nilly as most magistrates do unnecessarily at the public expense. Public concern, well if there really is any, about ambiguously expressed figures in regard to alleged murderers where no source for the figures is given, hardly makes for an irrefutable case for reform. And we do tend to think that BU somehow expresses the pulse of the nation as distinct from being a private club for malcontents like BUSH TEA who STILL has not answered me


    • Bullshit Mr. Gale!

      Lawyers of Adams Castle home buyers warned

      Added by Neville Clarke on June 5, 2014.

      Saved under Housing, Local News

      Attorneys-at-law working on behalf of prospective homeowners in the upscale Adams Castle Estate project in Christ Church have been warned they could be legally answerable for damages if they fail to close the sale of a property within 90 days.

      Legal counsel for the Adams Castle Estate, Barry Gale, QC, issued this warning today while speaking at the relaunch of the project at the Savannah Beach Hotel, Hastings,

      Christ Church.

      Legal counsel for the Adams Castle Estate project, Barry Gale, QC (right) and principal consultant Abdul Pandor.

      Legal counsel for the Adams Castle Estate project, Barry Gale, QC (right) and principal consultant Abdul Pandor.

      Under the contract entered between the vendor and purchaser, prospective homeowners could benefit from discounts of between $50,000 and $75,000 if they close the deal within 90 days.

      Gale said completing the transaction within the given time could also save attorneys some legal problems.

      “The purchaser may turn around and take legal action against the bank. Lawyers are also liable if they sit down on the case. They are liable for the discount,” he explained.

      The senior counsel complained that there were some attorneys who simply wasted time.

      “Our experience has been that there are certain attorneys who have been more efficient than others. We have closed transactions in this development more speedily than I have seen closed in any other development in which we have been involved. However, there are some lots which have languished, the completion has simply languished and languished. This has arisen in spite of repeated follow-ups from our end,” he said.

      “You would think that in a depressed economy that they would be keen on closing the transaction because that is when they get paid.”

      Meanwhile, responding to a query on the large discounts being offered to clients and the slash in the price of the land, shareholder and director of the project, Elias Haloute, said: “Realistically, this is not a vibrant market at present. There are times in your life where you have to sit down, accept the wicket you are batting on and change your guard and bat differently. We offered value and we got response. We did not return to offer value, but greater value.

      Shareholder and director of Adams Castle Estate, Elias Haloute, says the developers have accepted that the market is not good right now and have offered significant discounts.

      Shareholder and director of Adams Castle Estate, Elias Haloute, says the developers have accepted that the market is not good right now and have offered significant discounts.

      “The problem is not availability of funds in the banking system, but it is about the confidence that will drive the money out of the banks into investment opportunities,”

      he added.

      Haloute, who is one of Barbados’ leading businessmen, argued that developments such as the Adams Castle Estate were important to the economic health of the country.

  57. Comment attributed to Barry Gale, ” legally answerable for damages if they fail to close the sale of a property within 90 days.”

    Is this possible in Barbados Law?

  58. Translation……………Elias Haloute is up shit creek, houses will not sell in this here environment, wants bajans to take their good dollars and trap themselves in 30 year mortgages, lawyers will have to get off their asses and work for their salaries if they want any money, those who are tardy of course, and if Bajans remain dumb as ass, they will let Haloute trap them into payments for the balance of their lives so he can continue to be seen as one of the leading and richest business men in Barbados, the banks will continue to laugh at the home buyers while rolling in the dough, and the cycle continues…..HA!!

    • The banks rob you every month, lost deeds at the bank, court order to replace them, who is going to enforce that. If you realise that no RESPONCE is the best RESPONCE, and your next step before its forgotten, then I’m afraid you have no answer. Even if “I will revert to you next week ” pops up, you should revert to the CARIBBEAN SUPREME COURT, to highlight, it’s alright taking money, but when these people don’t deliver, many of the media might take action by simply removing there funds from these WHITE COLAR CRIMINALS. I hear the BBC is on the case already, they will name and shame
      a few of these INTERNATIONAL people…

  59. @David. I have just read Williams AJ’s comments in the Nation. I note that there are several outstanding actions brought against judges (well, against the AG, but in respect of judges) under the Constitution, some going back for five years plus for delinquency in the delivery of judgements. One in particular seeks personal damages against the judge, now retired. BUT none of them, so far as I am aware, have yet been scheduled for hearing, but instead continue to languish. Yet another instance of the justice system holding taxpayers to ransom. After all, if the cases can be delayed until the judge is dead and HER estate settled and dispersed, while a judgement may be given in favour of the applicant, enforcing it will be problematic. The lawyers will get their costs, of course – the taxpayers will have to pay those, eventually. But even the lawyers themselves may be dead, not just the delinquent judges.

  60. It’s nice that retired Judge Williams has taken up this cause, he was always known as an upstanding gentleman and fair Judge, it’s time for changes, those delays are unfair to plaintiffs and those affected by the long, unnecessarily drawn out for years/decades cases and makes Barbados look like a banana republic.

  61. “the case had taken 11 years between the date of the offence and the decision.”

    11 years ? How could a civilized society allow an ( INNOCENT UNTIL PROVEN GUILTY )young man lo languish in jail for 11 years\/

    Would that happen to the son of a Politician or an upper class Bajan?

  62. @ Hants
    “11 years ? How could a civilized society allow an ( INNOCENT UNTIL PROVEN GUILTY )young man lo languish in jail for 11 years”
    A civilized society does NOT allow such….however…
    ….a bunch of brass bowls running a banana republic would not even see the problem that you highlighting….

  63. Hants…..that is just one, there are literally thousands of different cases languishing in the courts of Barbados unnecessarily, the employees calendar them, as i was told, when they feel like it, files disappear, to be fair to some of the Judges even their decisions disappear from the registry, i know one female lawyer, now deceased, used to go into the old registry and remove what decision or documents she messed up that did not go in her favor, that particular case i know of personally was a Will of a deceased female that she forged, she actually got a secretary who needed the job to forge a dead woman’s Will and when it was exposed, she then tried to remove the forged will from the registry but a vigilant employee watched her every move……..the judiciary has become a real joke to those who have not or are not being badly affected.

    Why do you think the Transport Board is now in such a sorry state, for the last ten years the insurance company CGI has managed to drag personal injury cases through the courts without closure, effectively building up the liabilities of that State entity to the tune of millions of dollars, not one of the politicians care sufficiently to let the Judges know that to reverse the destruction of the TB and return it to 100% viability immediately, all those cases should be fast tracked and concluded, what do you think i have been on and on about for all these months. Then the politicians would want to tell us that they are NOT CORRUPT.




  65. The next march should be to highlight those INNOCENT UNTIL PROVEN GUILTY people who
    are spending more time on remand than the maximum sentence for the crime.

    The courts should in session at least 14 hours per day 6 days per week.


    so that all Bajans can be treated with fairness if they end up in court.

  66. Amused, Robert Ross, Jeff Cumberbatch and any of the BU Lawyers.

    Do you have any suggestions as to how the Justice system can be reformed
    so that INNOCENT UNTIL PROVEN PERSONS do not languish in jail waiting
    for their case to be tried ?

    Some solutions from my layman’s point of view would be 6 and 6.
    6 months from arrest to trial and 6 months to a decision and sentencing.

    While a sounds doable to me I am sure that your expert analysis may paint a different picture.

    I notice a Minister expressed concern as it relates to INTERNATIONAL BUSINESS ( Money) but
    what about the human suffering in Dodds?

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