The Jeff Cumberbatch Column – Enjoining a Dismissal

Jeff Cumberbatch - Chairman of the FTC and Deputy Dean, Law Faculty, UWI, Cave Hill

Jeff Cumberbatch – Chairman of the FTC and Deputy Dean, Law Faculty, UWI, Cave Hill

Wonderful to relate, or “mirabile dictu”, as my two Latin masters of long ago, Messrs. Wellington and [CQ] Williams, would have preferred, I do not find it necessary today to resume my analysis of the Trump presidency; a phenomenon that seems anyway to be imploding towards self-destruction. Moreover, there is sufficient drama being played out in our own front-house to provide adequate fodder for the hebdomadal columnist.

The coup de théâtre of the week has been the denouement of Barbados’s seemingly intractable economic woes being played out in the courts, where the Governor of the Central Bank, Dr DeLisle Worrell, is resisting the attempt of the Minister of Finance to dismiss him from office. To the time of writing, Dr Worrell has managed to secure two injunctions to retain the office; one, by an interlocutory ex parte application last weekend when Worrell J would have enjoined the Minister not to act further on his alleged mandate to Dr Worrell to “resign or be dismissed”, and the other at yesterday’s vacation of that order so as to permit recourse to the local Court of Appeal.

Not having had access to the texts of any of the decisions in the matter so far, I propose to reserve detailed comment until after the judgment of the Court of Appeal, but for those who are querying the appropriateness of injunctive relief in a matter of this nature, the law’s attitude appears to be evolving. Time was when the law set its face firmly against the grant of specific relief to restrain an alleged wrongful dismissal at common law. The several bases of this stance were first, that damages for the dismissal would ordinarily constitute an adequate remedy in the circumstances; second, that the court would be unable to supervise the performance of the contract if it were allowed to continue; third, the substantial potential for oppression, of the employee especially, if he or she is required to maintain a contract involving the supply of personal services and fourth, the need for the parties to maintain the metwand of any contract of service; mutual trust and confidence. Otherwise the order would have no purpose and, according to a celebrated maxim, “Equity (the Law) does nothing in vain”.

However, in recent times, perhaps owed largely to the advent of the concept of unfair dismissal that has at its base the notion of re-employment (reinstatement or re-engagement) as a remedy, the courts have become much bolder or less reluctant in granting specific remedies against employers, most commonly though where the employee is entitled to the benefit of a contractual procedure such as a hearing, where there is no lack of confidence in the employee by the employer, or even, more controversially, where no good reason for the termination has been established by the employer.

I am of course, not privy as to precisely which, if any, of these considerations influenced the judicial decision to enjoin the Governor’s dismissal nor am I aware whether the determination of who indeed was Mr Worrell’s employer entered into the entire debate. This resolution is critical to ascertaining whether or not he is entitled to protection against an unfair dismissal, since the Employment Rights Act, by virtue of section 51, does not bind the Crown or apply to its employees but does to statutory corporations such as the Central Bank.

What is even more serendipitous is that last year I penned a piece in another space in this newspaper that took as its point of departure the dismissal of Dr Worrell’s counterpart in Trinidad & Tobago by the then incoming Rowley administration. Although court action was threatened in that case as well, I am not aware that it did in fact eventuate. In that effort, I also attempted a comparative analysis of the security of tenure of the local Governor and other officials similarly situated. I wrote then:

“It is notorious and understandable, at least in this region, for Opposition parties to be sometimes harshly critical of the various announcements and prognoses of those Central Bank Governors who have been appointed by the other side. Equally, it is understandable that a governing administration, as the economic policymaker for the State, should command the sympathy and goodwill, if not loyalty, of the head of the nation’s Central Bank. The question that begs asking, however, is whether a Central Bank Governor is truly independent or is it that he or she is merely a creature of the Cabinet and Minister of Finance both in the legal and natural senses of that concept? The answer would appear to lie partly in the security of tenure accorded to that official.

Certainly, few regional Governors would be as sycophantic in their roles as Mr. Gideon Gono, the Governor of the Central Bank of Zimbabwe from 2003 until 2013, who eschewed any claim to independence and saw it rather as a cardinal principle that his policies at the Bank were always consistent with those of President Mugabe. He attributed this to his self-perception as a mere disciple, for whom a key quality was loyalty to his leader.

Similarly, few would lay claim to the awesome autonomy of the Chairman of the US Federal Reserve Board, an entity whose monetary policy decisions do not have to be approved by the President or anyone else in the executive or legislative branches; which does not receive funding from the public purse; and whose members’ tenures span multiple presidential and congressional terms.

Unlike the Trinidad & Tobago legislation, the Barbados Central Bank Act does not provide specifically for the manner of termination of the appointment of the Governor, leaving such matters to be as set out in his or her instrument of appointment, although there is, of course, local precedent in the dismissal of Governor Winston Cox some years ago.

It bears remarking that this was written at a time when the employment relation between the Governor and the Minister was as amicable as could be, an observation ironically made by the Trinidad Guardian in a column published last week Thursday under the caption, “Is Barbados insolvent?” and written by Anthony Wilson.

Alluding to the fact that the current contretemps has caught many people in T& T and throughout the region by surprise, the author reasons:

“That’s because anyone who has seen the two men interact at the several investor forums that Barbados has held in Port of Spain, and elsewhere, over the past few years would have come away with the impression they had a close working relationship based on mutual respect, complete policy alignment and the need for them to work together to further their country’s national interest…”

I suppose, as the lady is alleged to have winkingly told the verger in an entirely different context, “Even the best of friends must part”.

157 comments

  • Piece

    Something interesting about your friend Mugabe that you quote daily.

    Mugabe backs Trump’s nationalism
    Posted at 09:00
    AFP
    Mr Mugabe is the world’s oldest leader

    Zimbabwean President Robert Mugabe says he agrees with US President Donald Trump’s “America for Americans” policy.

    In his first comments on Mr Trump’s presidency, Mr Mugabe said he was surprised by his election victory, but he did not “like Madam Clinton to win either”, referring to defeated Democratic candidate Hilary Clinton.

    “But anyway when it comes to Donald Trump talking of American nationalism… America for Americans – on that we agree. Zimbabwe for Zimbabweans,” Mr Mugabe said, in excerpts of an interview published in the state-owned Herald newspaper.

    Like

  • It is already too late to cash government bonds in. Returning bonds depends on terms and governmental liquidity. Both are negative.

    On D-Day (Devaluation-Day), no minister, no high civil servant, no pastor, no QC, no judge, no rich bankster will whine, since they cashed in their bonds years ago, converted their Barbadian monopoly-money to real USD and got their USD onto their foreign offshore accounts. A foreign consultant of government / DLP told me three years ago that the bonds have little value and that devaluation is a natural law for Barbados.

    Foreign reserves decline rapidly – what we face now is a typical capital flight since a year or so. Every informed person is waiting for the crash, while the blind masses jump up and down celebrating National Anniversary.

    On D-Day, the said persons will blame the minorities, the foreigners, the IMF, Donald Trump and everybody else for 20 years of failed policies, for their failed education and their lack of intellectual capacity.

    Like

  • @ Vincent
    ….ya mean you REALLY do not know Piece’s ‘Mugabe’….?
    Mek Bushie LAUGH!!!

    Like

  • @Miller

    SOL inked the deal therefore one has to assume they are happy with the ROI expected.

    Like

  • millertheanunnaki

    @ David February 20, 2017 at 9:33 AM

    Who would be setting future prices? The distressed seller or one of its so-called regulatory arm e.g. FTC?

    You want to be that the dealers would soon be demanding an increase in margins on products sold at the pump?

    Fuel oil sold to the BL&P would automatically suffer any future increases via the fuel clause adjustment.

    Like

  • @Miller

    The telcos currently operate with a pricing metric to price call switching between networks.

    It is doable.

    Like

  • @ David February 20, 2017 at 9:58 AM

    Expand!
    Can’t see the ‘comparative’ link between telecommunications and an undifferentiated commodity like gasoline other than being sold under a name.

    Liked by 1 person

  • The issue here is that the agreement, we have not seen, must include a pricing metric to satisfy stakeholders. We need to eyeball the agreement; the relevant part.

    >

    Like

  • “The premier supplier of petroleum products to the Caribbean basin.”

    http://solpetroleum.com/

    Like

  • Bushie

    As Piece is an honorable man,one must take him at his written word…..I only know of one politician called Mugabe.i.e. The President of Zimbabwe who agrees with Trump and no doubt Trump will follow his example and destroy America as well.

    Like

  • @ Vincent
    One can only hope that this in not indicative of your overall perceptiveness, otherwise we may as well flush everything else that you have ever written ….. as Bushie already has… 🙂

    Mek Bushie LAUGH!!! ….wid Stabby….

    Liked by 1 person

  • Bushie

    Chuckle…..I am so glad that I have unwittingly been able to mek yuh laff wid Stabby…….

    As that simply proves my point of your cognitive ability,after all the indications were always there with your dreaming induced by whatever external source about a mystical father you term BBE and your want to ape THOR and his hammer of comic book fame with your whacker.

    Its alright…….we will take care of you as dotage comes to all of us some sooner rather than later…..up and on.

    Like

  • Bernard Codrington.

    @ Jeff Cumberbatch @ 7:45 AM

    Now I am convinced that the Law Courts need to be sold off to fix the fiscal deficit. Here it is that the judgement will not benefit the parties individually , may only result in creating uncertainty in the financial system and undermine confidence in the economy.

    Obviously, I am under the mistaken impression that the Judicial System is supposed to serve the Society and the Economy as well as the Polity. The PM, a lawyer as well, always refer issues to the Law Court. Is this a conspiracy to undermine the confidence which the Populace has in our legal system?

    Now I understand why there is this anti lawyer animosity among certain bloggers on BU.

    Like

  • Indeed Bernard the only person benefitting is the lawyer Nicholls assuming he is not working pro bono or for the glitz of adding to his CV.

    Like

  • Well Well & Consequences Observing Blogger

    Why do you think I am now just observing, the clowns with law degrees never do anything to benefit the people, it is always a circus filled with clowns , games and role playing, the supreme court is nauseating.. not much can turn out right from that end unless ya are very determined.

    Like

  • @Gabriel

    Can you explain why the Governor is captured smiling from ear to ear in Saturday’s newspaper like Smiley Bailey? What the heck is there to be smiling about given the grave situ we find ourselves.

    Liked by 1 person

  • He’s probably laughing at himself and thinking ….’look what I have come to after sacrificing my professionalism to defend and prop up these clueless cowards’.

    Liked by 1 person

  • “Obviously, I am under the mistaken impression that the Judicial System is supposed to serve the Society and the Economy as well as the Polity.”

    @ Bernard Codrington, And which decision in this case will best ensure that imperative, Mr Codrington?

    @ Bush Tea, I will respond to your provocative post later this evening.

    Like

  • @Vincent Haynes, you are probably the only blogger on this site who does not know that Piece’s Mugabe is the current leader of the BLP. Or, are you just pulling Bush Tea’s whacker string?

    Like

  • Well Well & Consequences Observing Blogger

    From barbadostoday….a reminder of Worrell’s and Sinckler’s bromance, now gone sour…lol

    “The writing is already on the wall
    Added by Barbados Today on February 17, 2017.
    Saved under Editorial

    Which brings us to our own Dr Delisle Worrell vs Chris Sinckler legal imbroglio that has been occasioned by the sudden and seamless demise of the once untouchable Governor. His policies were once written in gold as the two jolly fellows danced from one metropole to another, with Dr Worrell not batting his eyelids twice, even if his words were deemed offensive to former International Monetary Fund (IMF) Chief Christine Lagarde or the like.

    In fact, who could forget how he dissed the former French minister of finance back in 2012, when she dared to school him over the merits of devaluation, and how economic growth could be achieved.

    Dr Worrell immediately went head-to-head with the IMF boss, telling her that her agency had been giving “bad advice” to countries like Barbados and, like it or lump it, devaluation was not an option for this country.

    There was no censure then, even though there were many who felt that the Japan meeting was not the place for the argument on devaluation.

    Yet Sinckler was mum. Even when Dr Worrell did the unthinkable at home in terms of abolishing his quarterly engagements with the media, there was nary a word of reproach from the goodly minister as he continued to defend Dr Worrell strongly.

    But alas! He too would feel the bite of the Governor’s combative temperament.”

    Like

  • @miller
    I found the entire merger/acquisition document posted by the FTC somewhat confusing. There is a clause which forces BNTCL Holdings (newco) to offer a percentage of ownership to the ‘public’ in 5 years, and stipulations on who can buy and how much.
    What the buyer gets is a monopoly guarantee for 15 years (no new storage can be built),
    What exactly is SOL buying? And I mean, WHERE are they making money?
    If the GoB sets the prices, both wholesale and retail, then is it that SOL can BUY significantly cheaper than is currently the case?
    They also use a term “throughput” which I found confusing. As they relate it to both “throughput rate” and “throughput fees”. To me, throughput in itself is a rate, relating to how much of anything flows through any given system.

    Liked by 1 person

  • @ Northern Observer

    Please send de ole man a link to the said document.

    It is on the most distressing site I have ever seen in my life

    THere is nowhere one can go to find anything about everything that they do.

    That is a Sandra Sealy Confusion and all de rest of dem neophytes, steupseeee

    @ The Honourable Blogmaster

    I was able to eyeball the agreement shortly after it was released heheheheheh in hard copy Doan axe me how but…

    You said something and it was highlighted by NortherObserver as well

    “…he issue here is that the agreement, we have not seen, must include a pricing metric to satisfy stakeholders…”

    I will guide all of you through the said document to the paragraph about the Vendor “one KPMG” which is the former haunt of the former Partner Darcy Boyce who is the Current Minister of Energy in the Office of the Prime Minister.

    Never having faced the polls but this Head Boy, now will “head” all oil exploration for Barbados until he heads for the grave, as we all shall.

    Like

  • bajans February 20, 2017 at 3:10 PM #

    Chuckle…..is that so…..thanks.

    Like

  • @ David who wrote “What the heck is there to be smiling about given the grave situ we find ourselves?”

    Any Bajan worth a few million dollars has something to smile about.

    Flashbacks of crop over and gyrating botsies could also induce a smile.

    Like

  • @ Hants

    Correction not “gyrating botsies” you mean “trembling botsies” it is necessary for you to get that adjective in sync with the local expert on botsies who seems to have run to ground…

    Like

  • Well Well & Consequences Observing Blogger

    https://www.barbadostoday.bb/2017/02/20/in-the-red-3/

    No surprise Byer-Suckoo was lying, the ministers give away pensioners money to the minorities to expand their businesses, pension funds are not supposed to be used to fund private businesses….again, that’s what banks are for….no wonder the NIS is in the red, the government picked up NIS money for 4 seasons dead scam….now this after giving Cow pension fund money….

    Hal should find out which other minorities on the island got NIS money to fund and expand their businesses…

    CIn the red
    Opposition issues new NIS warning

    Added by George Alleyne on February 20, 2017.
    Saved under Local News
    0
    An Opposition spokeswoman last night called for the true picture to be given of Barbados’ economic situation, while warning that the vital National Insurance Scheme (NIS) was already in the red.

    As recently as last month, social security minister Dr Esther Byer-Suckoo sought to reassure Barbadians that there was no need to worry about the stability of the social security programme.

    Speaking to reporters on the sidelines of a recent productivity workshop, Byer-Suckoo had also promised that a detailed update on the state of the NIS and its ability to meet its obligations was yet to come, even as she dismissed any notion that the scheme was handing funds to Government.

    “This notion that NIS pays the bills for Government, that the NIS provides funding for Government, is erroneous in that National Insurance may lend money to Government at very high rates, National Insurance doesn’t say, ‘here, you cannot afford it we will pay that bill’. National insurance may loan money to Government and national insurance is guaranteed in contract, a high return on investment when it lends money to Government.

    “So what does that mean down the line for National Insurance and their liquidity and so on? They are not at risk. It ensures they are not at risk in ensuring that loan agreement provides them with a sufficient return [and] the Government of Barbados does not default on its loans,” Byer-Suckoo assured at the time.

    However, addressing a Barbados Labour Party (BLP) meeting at the George Lamming Primary School on Sunday night, economist Marsha Caddle warned that the NIS was currently not running a profit.

    In fact, she warned that not only had the NIS over-extended itself by lending to Government the equivalent of 74 per cent of its assets, but in keeping with a recent International Monetary Fund report, “NIS expenditure began to exceed contributions in 2013”.

    The Opposition spokeswoman also cautioned that NIS payments of pensions and other benefits will become more than contributions received from workers as of 2024.”

    Like

  • Well Well & Consequences Observing Blogger

    https://www.barbadostoday.bb/2017/02/21/four-seasons-revival-at-advanced-stage/

    Government guaranteed 60 million US of NIS funds to pay the same crooks who cooked up 4 Seasons scheme…with Mia Mottley as their attorney and Persuad as consultant. …and may, may only recoup $40 million dollars…may, because they are not sure of anything, what a bunch of incompetent losers and frauds.

    Like

  • @ Well Well and Consequences

    You see why de ole man campaigning for a Total Change?

    You understand hy we gots to wipe this slate clean?

    You understand why “a vote for Mugabe is a vote to kill Barbados”??

    Mugabe, and I’m-like-ALF Persaud, fleece de tax payers under that Paradise Scheme and now coming back for “More of We Punani…”

    Steupseee if only our “punani” was infected like that of the real Moore fellow private parts, maybe dem would lef out “effing” we, every single day, in fact “hebdomadally”

    Dat is Jeff (Cumberbatch the gentleman that i am encouraging to run for the General Elections with Leighton Trotman) dat is Jeff BIG word dat de ole man teif.

    I now using it now to mek people tink dat I learned (with an acute over the second “e”)

    Like

  • “@ Jeff
    Bushie notes that you tactfully avoided any reference to any likelihood of the court seeking to pursue JUSTICE and reasonableness …by suggesting its concern would only be ‘with the issues before it’.

    What EXACTLY is a court seeking to achieve in a case such as this? No doubt this is a recurring question among new students of Law.
    We know for example that, taken before two different judges, the outcome could be diametrically opposite – both with legalistic sounding justification.
    Indeed, the case can be taken before a panel of the highest court …and we can have the judges split 50-50 in their determination of what the ‘correct’ decision ought to be….

    @Bush Tea,

    Thanks for you most interesting inquiry. The courts are not there to administer “justice” as popularly understood, except according to law (legal principle) and “reasonableness” is exclusively in the domain of the trier of fact, the judge. Neither of these is an absolute or exact concept. A “just” result for one of two adversaries in a court battle would scarcely be considered just by the other. We are human only after all.

    In a case such as this, the court is seeking to resolve the issue of whether any employment contractual rights of there Governor were infringed by the MOF’s ultimatum to him.The fact that it might be in a context that affects the economic viability of the nation is only peripheral to this issue.

    Legal interpretation is not an absolute either, hence it is possible for two judges to come to different conclusion as to the merits of a case or even the meaning of a statutory provision. Take the unpunctuated provision, “Hang him not let him go”. Does this mean that the culprit should a swing or that he should go free? Which interpretation is right?

    As I wrote some weeks ago, the only “right” interpretation is that of the highest or apical court, not because the judges there are superior in knowledge to all others but simply because their decision may not be appealed from

    Liked by 1 person

  • “SOMETHING MUST BE WRONG WITH SUCH AN ARBITRARY SYSTEM.

    If you took an ‘issue’ to a panel of engineers (especially Big Boss Engineers) you could be sure that the solutions would tend to converge in a particular direction – following Gauss-Seidel’s principle – and increasingly so, as the level of expertise increases.

    Surely there is A SINGULARLY wise and sound decision that must exist, and SURELY the objective is to arrive as closely as possible at that position… and surely, this is NOT the system that we have currently in Law….

    How do we fix that weakness….?”

    @Bushie,

    I am afraid after decades of reading tea leaves, haruspicy, axiomancy, necromancy and prayer to determine cases, this is the best system we have come up with. it is inherently arbitrary because it depends on the judgment of infallible man or men.

    Engineering, thank God, is an exact science otherwise there would be chaos. Big Boss Engineers possess infallibility that would ensure the correct result each time.

    To the contrary of your assertion, the law does strive to achieve the correct result in each case…it is just that your uninitiated “correct” could reasonably vary from that of another. Hence may unanswered (as yet) question yesterday to Mr Codrington,

    [“Obviously, I am under the mistaken impression that the Judicial System is supposed to serve the Society and the Economy as well as the Polity.”

    @ Bernard Codrington, And which decision in this case will best ensure that imperative, Mr Codrington?]

    Like

  • Well Well & Consequences Observing Blogger

    Piece….something has to give..lol

    Like

  • @ Jeff
    I am afraid after decades of reading tea leaves, haruspicy, axiomancy, necromancy and prayer to determine cases, this is the best system we have come up with. it is inherently arbitrary because it depends on the judgment of infallible man or men.
    ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
    It takes a man of abnormal intellect and honesty to make the above admission about his life-long chosen profession.

    The truth (and the reality) is that man DOES have the potential…and opportunity… to overcome the above ‘arbitrariness’ …through an attribute called WISDOM.
    Wisdom however needs to be grounded in an understanding and acceptance of the absolute values that drive the fundamental basis of life on our earth.

    It would be impossible for someone not familiar with the basic intent and rules of the game of cricket to become a fair, just, consistent and effective umpire. Similarly, without a good grounding in the basic intent and rules of the game of life, our Judges will always be just a loose group of confused and confusing decision makers of last resort, and there will continue to be ZERO relationship between judicial decisions and national interest, overall good, or national integrity.

    Unfortunately, just as it is necessary to consult the SOURCE of cricket rules and regulations in order to gain enough ‘wisdom’ to become a good umpire, it is ALSO vital (and unavoidable) to consult with the SOURCE of life’s rules …in order to find the wisdom needed to make decisions that follow the Gauss Seidel principle where results tend to converge towards the correct (righteous) values.

    Our legal system (as currently conceptualised) is thus condemned to perpetually be mired in arbitrariness. No wonder it has become the inefficient, dysfunctional, laughing stock and role model of wickedness in society.

    Like

  • @ Jeff

    And while Bushie talks about BBE, we could never be convinced that there is any BBE in this world. Or has ever been.

    For example, let’s look at the human body. The female birth canal is far too small. We have too many teeth, in our mouth, because of the size of our brain and thus our head.

    And we could cite 1000s of other badly engineered faults with the human body alone

    Should we be forced to consider the billions of other organisms, the ‘engineering’ failures lead us to chaos not BBE, we regret.

    Like

  • Red Foxx had wondered why would a BBE locate a snack bar next to a toilet

    But that is the ‘engineering’ of the human body.

    Like

  • But these are deeply philosophical questions not to be approached without some consideration.

    Like

  • @ Bushie,

    “The truth (and the reality) is that man DOES have the potential…and opportunity… to overcome the above ‘arbitrariness’ …through an attribute called WISDOM.
    Wisdom however needs to be grounded in an understanding and acceptance of the absolute values that drive the fundamental basis of life on our earth.”

    Did Solomon possess such wisdom?

    “Each mother told the same story: that they both lived together, that both had given birth to a child, that one child was dead in the morning and that the live child was hers. Each mother accused the other, that after having discovered that her child had died during the night, its mother had stolen the other mother’s live baby and replaced it with the dead child. Thus, each mother claimed, on waking up in the morning, she had discovered a dead child on her breast, which was not hers.

    In a dispute such as this, where there is no evidence or witness, King Solomon’s solution is fascinating. After some deliberation, he called for a sword to be brought before him. He declared that there was only one fair solution, namely, that the live child should be split in two, each woman receiving half of the child. Upon hearing this terrible verdict, the baby’s true mother cried out in horror and anguish, “Please, My Lord, give her the live child – do not kill him!” However, the liar, in her bitter jealousy, exclaimed, “It shall be neither mine nor yours – divide it!” Realizing that a true mother’s instincts are to protect her child, Solomon instantly gave the baby to the real mother, who was willing to relinquish her baby in order to save its life.”

    What if the roles were reversed and the liar were convincing in her testimony?

    Like

  • ” LET THE COURTS DECIDE and don’t get unnecessarily agitated over the issue involving Minister of Finance Chris Sinckler and Central Bank Governor Dr DeLisle Worrell.”

    http://www.nationnews.com/nationnews/news/93808/stuart-courts-decide#sthash.XCj5Wep0.dpuf

    Is it April 1st today ?

    Like

  • Well Well & Consequences Observing Blogger

    While the court is deciding the majority people on the island have already decided, the whole cabinet must go….bajan NYers cant do a thing to help Fruendel, the majority people who have been disenfranchised by Fruendel and his Fiends live in Barbados….they are the ones to kick them to the curb.

    Like

  • So if a matter as serious as this has to be decided in a court of law why not make the Chief Justice Prime Minister and the rest of the judges and magistrates ministers.

    I read the highly intellectual comments from Jeff, Bush Tea,Pachamama .

    Then I read what the PM is reported to have said at “dinner in New York”.

    I cannot afford a legal defence team so I will not say what I think about the PM’s comment.

    Confidence in the Government. Confidence in the Central Bank. Confidence in the Banking system.

    I am not unnecessarily agitated.

    Like

  • @ Jeff
    In that specific example, Solomon showed understanding of an unexplainable force called “a mother’s love”. According to your narrative above, they both told the same story …and both did it convincingly. Wisdom was in understanding the underlying reality of a mother’s instinctive protective love for the child that comes from her womb.

    Perhaps he understood that concept in line with the kind of love that BBE has for us brass bowls …including those of us who insists on dissing that unexplainable love….

    Like

  • @ Hants
    Perhaps you need to review the actions of the Pharaoh of Egypt who endured the plagues. Can you imagine the kind of idiocy it must have taken, after the frogs, …the locusts, ..the water turning to blood … for him co continue talking shiite when approached by Moses?

    Think Froon….it is almost as if he wants everyone to know how stupid he is.

    This is what happens when your donkey is cursed.
    It would not surprise Bushie if Pharaoh also had a monument with a half-buried pitchfork…..

    Like

  • @ Jeff Cumberbatch February 21, 2017 at 9:02 AM
    “What if the roles were reversed and the liar were convincing in her testimony?”

    But the ‘lying’ woman pretending to be the mother was ‘convincing’ in her testimony.
    There was a zero-sum of ‘natural’ evidence presented by both parties. What was required was a metaphysical judgment of “wisdom” which is possessed by intellectual kings and not academic judges steeped in legalese.

    Bushie’s ‘instinctive’ wisdom, ‘talented’ to him by his BBE, is convincingly sharper in the arguments presented to the fo(u)nt of legal wisdom.

    He has you over a barrel on this one.
    Time to pay your pound of intellectual flesh to Shylock the bushman.

    Like

  • Bernard Codrington.

    @ Bush Tea

    Thanks for reminding us that understanding teaches man wisdom.When faced with an apparently intractable problem ,very often going outside and beyond the very narrow confines of our disciplines may give us a solution.

    @Jeff

    You introduced the judicial decision as the straw man. Hence my hesitation to give the first response that entered my head. I referred to the Judicial/ Legal system not any correct judicial decision. Decisions are just that neither right or wrong . They are simply satisficing.

    Like

  • @Hants February 21, 2017 at 9:41 AM “I cannot afford a legal defence team so I will not say what I think about the PM’s comment.”

    True.

    Some people would say that the PM talking sh!t@

    Some people would just stupsssseeeee!!!!!!!!!!!!!!

    Like

  • Bushie

    If we can agree that all significant occurrences, in the universe, leave a mark

    We will then posit that the whole story of Moses is a lie

    That there is no evidence that a man called Solomon ever existed.

    There was however a ‘Kemetian’ called Thutmoses. And this history is in no doubt.

    There is no evidence to support the notion of the plagues. There is however, evidence to suggest the Nile turned red, periodically, because of an algae.

    This still happens today.

    The people of Kemet kept meticulous records about all aspect of live and there are no recordings about the plagues of which fiction is made.

    Yes, and there are still locust storms to this day, from time to time.

    Last time this writer was in Kemet, about ten year ago, this was the subject of a seminar.

    There was no slavery in Kemet either. For the Bible is telling lies.

    It is untruthful to suggest this and the evidence is still there to prove it beyond a shadow of doubt.

    Come go to Kemet. There is a one month trip planned for the summer. One has to book early. For you can now see the dwellings of the workers built the paramides. Individualized narratives of their lives.

    Like

  • @ Pachamama February 21, 2017 at 8:42 AM
    “Red Foxx had wondered why would a BBE locate a snack bar next to a toilet.”

    Well researched, Pachca! The Wildman Steve must have died of laughter from that one.

    Only the initiated steep in esoteric decoding would appreciate the ‘fox(x)y’ slip of Freudian humour contained therein.

    Like

  • @Jeff Cumberbatch February 21, 2017 at 7:30 AM “it is inherently arbitrary because it depends on the judgment of infallible man or men.”

    CORRECTION: fallible men and women.

    Like

  • Bernard Codrington.

    Since there is a disconnect between” what is before the Law Courts” and the management issues at the Central Bank, The Ministry of Finance , The Barbados Treasury, the Financial/ banking System, where does that leave the Good Ship Barbados ? The Gov of CB called a BOD meeting none turned up. Is he going to call two more, they do not turn up, and then they are legally not directors? Is anything the Gov of Central Bank does after that legal?

    Like

  • @ miller

    Thanks. With these philosophical matters one has to find ways to explain in the simplest of ways, while adding humour as a literary devise.

    Red Foxx himself was a philosopher of sorts, in the oral tradition

    Like

  • @Bernard

    Good observation made more relevant against the Prime Minister’s perspective as quoted in today’s Nation newspaper.

    Like

  • @ Pachamama February 21, 2017 at 10:57 AM
    “We will then posit that the whole story of Moses is a lie
    That there is no evidence that a man called Solomon ever existed.”

    Two of the biggest lies of brainwashing proportions, in true D. W. Griffith style, ever told especially to stupid and intellectually child-like blacks in the West.

    Those fairy tales and god-like characters are the Hebrew depiction of those plagiarized from Greek mythology which itself was plagiarized mainly by ‘Solon’ from Thoth and other writers of Kemetian history.

    Like

  • @ Pacha
    What evidence do you have that Bushie exists?

    Like

  • Bernard Codrington.

    @ Bush Tea

    Bush Tea, You write, therefore you are.

    Like

  • @ Jeff Cumberbatch February 21, 2017 at 7:16 AM
    “In a case such as this, the court is seeking to resolve the issue of whether any employment contractual rights of there Governor were infringed by the MOF’s ultimatum to him.The fact that it might be in a context that affects the economic viability of the nation is only peripheral to this issue.
    As I wrote some weeks ago, the only “right” interpretation is that of the highest or apical court, not because the judges there are superior in knowledge to all others but simply because their decision may not be appealed from.”

    Jeff, what would be of further enlightenment is your view on what the Executive can do should the goodly but estranged Governor takes his case to the CCJ should he not get his perceived portion of ‘justice ’at the local Appellate level.

    In light of section 64 of the Constitution can the MoF- with unanimous backing of the Cabinet- go ahead and ‘appoint’ a de jure replacement for the embattled litigant who previously occupied that post, both de jure and de facto speaking while the learned judicial class butt their heads together?

    While the legal grass is growing and spreading to a wider legal playing field the financial horse in Church Village ivory tower is starving.

    Like

  • Can the Police confiscation of private property without Due Process?

    If charged and case dismissed can they still keep your property they possessed worth several hundred of thousands.

    Like

  • ——–Just being silly——-
    I like an earlier reference to Solomon, but these Bible stories are no longer applicable.

    If Jesus came today and said “Let him who is without sin cast the first stone” then we would have innocents being stoned to death by the greatest o9f sinners.

    And for Solomon’s wisdom.. Some mothers are heartless. Indeed the one who is willing to save the child may just be the most kindhearted person and not the mother. The wisdom of yesterday, may not be applicable today.

    Surprised that in this age of sperm donation and egg harvesting, that the legal eagle would still find satisfaction in Solomon’s wisdom.

    Luckily, Solomon did not face two transgender parents…

    ——Accept my apologies——-

    Like

  • “Jeff, what would be of further enlightenment is your view on what the Executive can do should the goodly but estranged Governor takes his case to the CCJ should he not get his perceived portion of ‘justice ’at the local Appellate level.”

    @Miller, this has now worked itself out! He now needs to seek leave from the CCJ to file his appeal.

    Like

Join in the discussion, you never know how expressing your view may make a difference.

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s