Jeff Cumberbatch – Columnist, Barbados Advocate

It should be clear maybe even to the proverbial blind (or rather visually impaired) man on a trotting horse that what we choose, in our quaint way of using expressions to mean precisely what we want them to mean despite their traditional usage elsewhere, to call the “silly season”, has begun in Barbados. Most dictionaries choose to define the silly season as referring to a period when there is an absence of serious news available for publication in the newspapers; for example, the Cambridge English Dictionary posits the following – “The time of year, usually in the summer, when newspapers are full of stories that are not important because there is no important, especially political, news

However, as Humpty Dumpty would have done in Alice in Wonderland, we use the term to describe that period when political news is at its most prevalent, the period of the electoral campaign, whether official or unofficial. That it might now be accurately described as an extraordinarily premature delivery, given that the Prime Minister might have as many as 12 months at his disposal to dissolve Parliament will scarcely bother those who are yearning for an electoral war for the coveted spoils of the reins of office.

So we have had the laughable scenario of some of the members and supporters of one party condemning the presence of a youngster, far braver than I could have ever claimed to be at his age, on a platform mounted by the opposition. He is censured not for what he is reported to have said or even how he said it, but simply for where he said it. The lad might consider ruefully that he would have suffered an equivalent panning from those who now defend his perspicuity had the metaphorical boot been on the other leg. That is realpolitik, I suppose.

As far as I am concerned, there will be time enough for musing on the engagement political, especially given the anticipated duration of this “silly season”.

I have chosen rather this week to comment on a development in another regional jurisdiction that speaks to the politics of crime fighting and of the lengths to which an administration will go to protect the lives of the citizenry and, simultaneously, to avoid being tarred with the partisan brush of being held hostage to the criminal element.

I refer, of course to the scenario in Trinidad & Tobago where, in order to wrestle a burgeoning murder rate to the ground, the governing Keith Rowley led administration is seriously contemplating a reinstitution of the execution of convicted murderers by hanging. The gravity of their concern might be evidenced by the fact that, as reported in last Sunday’s edition of the Barbados Advocate, Dr Rowley himself has openly requested the assistance of former Attorney General and quondam political foe, Mr. Ramesh Lawrence Maharaj, “to ensure the death penalty for convicted killers can be executed (sic) in T&T.

In light of the number of murders in that jurisdiction in recent years, – for 2017 alone, there have been, when last I checked on Monday, 106 murders in the 78 days of the year that had elapsed so far; an alarming rate of 1.37 murders per day-it comes as no surprise that a political administration should feel compelled to “try a t’ing”.

What most bears remarking about the current initiative, however, is not the conscription of a political foe to assist in the effort, but rather that all previous attempts since 1999 to follow the identical course of action in that jurisdiction have spectacularly failed. This apart, there are also the legal barriers in the jurisprudence of Trinidad & Tobago’s highest court, the Judicial Committee of Her Majesty’s Privy Council, that would stymie the likelihood of the currently proposed measure passing constitutional muster.

Perhaps the Rowley administration is spoiling for a legal fight; which might explain the praying in aid of Mr Maharaj’s forensic legal skills and perhaps even his reputation as a previous administration’s chief legal adviser. After all, in that guise many years ago, he achieved the dubious distinction of “hanging nine with one blow”, reminding so much of the Brothers Grimm’s “Brave Little Tailor”. The Republic will, nevertheless, have to speed up its curial practices if it is going to overcome the Pratt & Morgan “elephant in the room” of having to effect the ultimate punishment within five years of the conviction. Indeed, because it withdrew some years from the jurisdiction of the Inter-American Court of Human Rights, T& T has an even shorter period to do what it considers must be done once a conviction has been secured.

The Oxford Comma

One of the social media sites that I frequent carried a report this week as to how the absence of a comma led to a rather surprising legal decision. I thought it sufficiently amusing to serve as an end-piece to this week’s column. Frequent readers of this space may recall that on more occasions than one, I have referred to the importance of the placement of the comma in the phrase, “Hang him not let him go”. Position it after him and one obtains a markedly different result from when it is sited after the “not”. One might say it would be the difference between life and death. There are others too. For example, the unvarnished and unpunctuated, “ A woman without her man is nothing” might offer some controversial insights whether the comma is placed after “woman” or, indeed, after “man”.

The piece on LinkedIn, interestingly enough, refers to the use of a comma many of us would have been taught as infants to avoid as being superfluous. This is the infamous Oxford comma that, contrary to traditional lore, is employed before “and” and before “or”.

The anecdote, written by one Zamira Rahim. Is self-explanatory.

According to his report, a group of dairy drivers in the dispute argued that they deserved overtime pay and the appeals court agreed with them. Why?

Because the guidelines setting out the types of work that don’t require overtime pay lacked clarity. The case turned on one particular statutory extract:

“The canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of

(1) Agricultural produce;

(2) Meat and fish products; and

(3) Perishable foods.”

The lack of an Oxford comma between “packing for shipment” and “or distribution of” meant that it was unclear whether the guidelines meant distribution and packing for shipment were separate things, or whether the exemption applied to jobs involving either packing for shipment or packing for distribution.

According to the court, the dairy drivers in question only distributed but didn’t pack perishable food, so weren’t necessarily covered by the clause. The judge added that where such rules are unclear, labor laws are structured to benefit employees, so the dairy drivers won.

“For want of a comma, we have this case,” the judge wrote.

75 responses to “The Jeff Cumberbatch Column – The Populist Solution and the Oxford Comma”


  1. Meanwhile in sister Caricom country Guyana where an Indian despot,having agreed to and enshrined in the Constitution of that country that a presidential term limit of two 4 year terms is the law of the land,now seeks by subterfuge and innuendo to once again enter the presidential office to foul the system of good governance that Guyana so urgently deserves.
    Another eminent former judge and chancellor adds to the debate by supporting justice Pollard’s reasoned argument that the Constitution in this case, cannot be subject to a referendum.

    http://guyanachronicle.com/2017/03/27/former-chancellor-sees-flaws-in-third-term-ruling

  2. Vincent Haynes Avatar

    angela Skeete March 27, 2017 at 8:02 AM #

    An interesting admission on the social cost of signing on to treaties wily nily in order to accesss grants or technical assistance and belong to some clubs.

    Caricom should review all island treaties and decide which one are beneficial to the group.


  3. Bushie

    You will know that we have no desire to be in agreement with the ugly man from England, for he is a ‘concomitant’ C-hole.

    We very seldom read what he has to say for lack of time, though on other occasions we merely look at it, without reading .

    There are only a few here we read.

    In all circumstances, there is regrettably a one in ten trillion chance there could be an alignment of views. But we would wish that never was. Indeed, had we known this we would never have expressed our views on this subject.

    This is a man who has accused us of incitement to murder, the elites. Amongst other crimes.

    On the substantive matter.

    Bushie, yours are some contradictions that must be confronted sooner or later.

    It certainly cannot be acceptable that your BBE which is replete with lies, all its fictions and as an institution for the killing of billions of people over 2500 years could still profess to have any special place amongst the people.

    Being the fountain of virtue for us.

    The ‘underlying principles’ were set up by people who most times posited that somebody else sent them so to do.

    But there is no evidence that these people ever existed. So why then would be we basing the most consequential decisions on lies, when we know with certainty that your ‘underlying principles’ are all based on fiction.

    We are the Ones who must set up the best ‘underlying principles’. Not phantoms! Meaning that the people who gave you yours were no better than us.

    But this argumentation when compared to your position on albino-centrism cannot be properly reconciled.

    There is further incoherence also.

    If John Doe is to be killed by the state for killing his neighbour. Please tell us who is to kill the state for the murder of a murderer? Is a lying Bible story sufficient to wash away the blood on the hands of the state? Are they not committing state-sponsored murder as well?

    Indeed, your ‘underlying principles’ make murders of us all…………….. they do not deliver justice. And they can’t. For justice will require bring the dead back to life immediately. And this, your ‘underlying principles’ have NEVER done.

    The question that you posit in your final stanza is inert. We already have the legal infrastructure to indict war criminals like Bush, Blair, Obama et al.

    That is not the problem. The problem is the same selective prosecution which is the real ‘underlying principle’ of this wicked system of things.

    That selective prosecution has all kinds of flaws. And because it is so imprecise the real crime is killing innocent people, not killing murders.

    The best underlying principle is to take no risks of killing the innocent. Even if a 1000 times more get away with murder.

    And there is only one way we can be sure of that!


  4. Both Hal and Pacha are interjecting a loopsided point of view by using the issue of race sown and bred in international countries against a background where small island nations whose overwhelmingly majority of its populace are predominately black and where the crime are mostly comitted by blacks
    Problems arising from race in international countries were already preposition and purposely used as an example against the black race
    However it is most unlikely that such occurence of a similar nation would occur.
    Hal and Pacha are on an intellectual denial of a reality which is eroding the social fabric of small island nations and which by all cost should be tackled to the ground

    Yes i agree that Caricom role is one of being introductory mediators advancing those arguments that best serve the people of the carribbean on social issue and not be made to be on lookers on decision made on those issue that affect the country national interest

  5. William Skinner Avatar
    William Skinner

    Here are the facts:
    Slavery: Fields o:f beatings, murder , rape etc
    Since slavery : corporal punishment in schools, floggings
    Reap: Capital punishment


  6. You need to take off the blinkers @angela Skeete at 9:18 AM … and see the moot as presented within the broader context of social class. It is too simplistic to interpret the overwrought studies of criminal behaviors as you have.

    The similar deficiencies that weaken the justice systems and skew metrics to reveal disproportionate disadvantages to Blacks in general across the US , UK et al weakens our local system similarly for those of the lower strata of Bajan society.

    Above it was asked about US, how many white folks vrs Afros suffer at the courts. But do yourself the value of a more careful review and you will see that ‘poor white’ folks also suffer disproportionately worst than those with means.

    In Bim that surely applies as well.

    So yes with a 90% Black population it is seemingly nonsensical to cry race in the court system but substitute social class and then ask yourself how many Black Bajans with some financial means or superb connections have ever had ‘their necks popped’.

    Seen with a different filter our justice system is just as wracked with prejudice as any other…just not a racial one !

  7. fortyacresandamule Avatar
    fortyacresandamule

    @ Pacha. The ‘poor people’ excuse is just political sentimentality. Majority of airplane disaters are due to human error, do we ban air travel? No, we investigate the causes and seek to remedy the situation so as to avoid a repeat. The same principle should be applied to the imperfect justice system.

    You know very well that the bar for death penality cases are extremely high in our jurisdiction in addition to the multiple layers of protection. The accuse is able to exhaust all legal channel to present his or case.


  8. @ Pacha
    Anytime that you seek to dismiss the existence of a super-natural, omnipotent creator in the affairs of mankind, you will make a mockery of your intelligence.
    Every logic points to such entity.

    You are COMPLETELY wrong about this stupid modern-day logic, that since we have been unable to implement a 100% effective justice system that works across the board, THEN we should abandon the whole system.

    Would you suggest to a student that since he has not been able to solve the section of a test due to his inability to grasp advanced calculus, his logical response should be to dismiss the whole test?
    Where would you expect such a student to end up…?

    As to who will hold the State accountable…. the damn citizens….that’s who.

    When leaders accept the RESPONSIBILITY to administer a country’s affairs, they automatically acquire certain duties, responsibilities, and rights that are BEYOND those of an individual. These responsibilities include the administering of COLLECTIVE justice. (this is why low-life brass bowls should stay away from such responsibilities).

    If Bushie were to accept such a role in society, the Bushman would HAPPILY execute all such low-life, cancerous vermin from our society…(just as happily as Bushie whacks the in grunt brass bowls who come on BU with shiite)…..as a national duty.

    Ours is a tough world …where tough people survive, and effeminate lackies and brass bowls become slaves and down-trodden low life victims.

    If the state, in genuine error, executes the wrong person, then all efforts must be made to compensate for the tragic mistake; to ensure it is NEVER repeated, and to improve the systems …to get better and better at the process. The answer is NOT to give up to chaos, but to persevere towards excellence.

    If the state, in deliberate wilful malice, executes the wrong person, then those responsible becomes guilty of murder in the same way – and subject to the same penalties ….and it is the VIGILANCE of wise citizens that must ensure this happens – through transparency, integrity and accountability.

    The dynamics of national leadership is complex. But the ground rules have been laid out for eons now… in that famous book that you like to trash….
    Even in our ‘enlightened times’ where brains like yours abound, no one has found a system that works ANYWHERE as well…. or even at all…

  9. William Skinner Avatar

    Here are the facts # 2
    Sow: Corporal punishment in homes and schools. Violent methods of correction done to our children; domestic violence against women in homes and wider society
    Reap: Violence only known means of conflict resolution; capital punishment

  10. William Skinner Avatar

    @ Hal
    in a country that boasts of a 97% literacy rate, is it wise to suggest that most of our inmates are illiterate ?


  11. William,

    Most of our magistrates are semi-literate.


  12. Bushie

    There is nothing that you can possibly say to us for the deep affection held for you to wane.

    But we must tell you that following principles of an albino-centric god is what it is.

    Do you know that Afrikans who ‘engineered’ all the systems albinos now claim never had prisons. Indeed, in many Afrikan societies today there is no word for prison, for example.

    You have misunderstood us.

    Indeed, we had hope that our interaction would have reached this point.

    We are yogis, we communicate with the ‘Gods’ everyday

    That we refuse to accept your god does not mean that we are godless, as you presume.

    Anybody who is an Afrikan

    Anybody who follows the principles of Ma’at

    Cannot be so describes.

    Yours is an imprecision

    It would be more precise if you could find the courage to destroy this White god you worship and seek the God that your Afrikan ancestors recognized.

    Moreover, in all your criticisms of albino-centrism, how is it that you consistently refuse to take that to its logical conclusion when the evidences dating back tens of thousands of years is so clear.

    Instead, you op for a book written by the hands of man. A book falsely purporting to be the word of god in order to find principles to live by.

    Principles which say we should be killing people for killing other people. When none of the people who supposed wrote these words ever existed, from Noah to Jesus, never existed!

    Since we are so wrong about what you suppose is ‘modern day logic’, why is it that you cannot prove that anything about your ‘underlying principles’ is true, a fact not faith based nonsense?

    Bushie, you want to kill people based on an Abrahamic lie

    There are significant persons who were here 60K years ago and have left their marks, for all to see, but your eternal indictment will be that the people from whom you seek your ‘underlying principles’ never existed.

    Indeed, the criminal Catholic Church spent nearly 2000 years trying to get a fictitious story straight.

    It is because we know the God of our ancestors that we can confidently reject the albino-centric god you serve.

    This ‘baby in the bath water’ nonsense is beneath you immense intellect. It equate to keeping the big albino-centric lie going. We are not impressed.

    There has never been any collective justice in this here albino-centric world. This is a mere fantasy.

    We agree that most low-life government officials should be done away with in the same way they would be execute poor people, as long as murder has currency.

    How it is possible, based on your ‘underlying principles’ for any compensation to be just by any means other than giving life to the wrongly dead, by the state.

    For you cannot on one hand argue that life is sacrosanct, that only your albino-centric god can give and take. But on the other, you suggest money or something less than life in return for wrongly taking the life of the innocent.

    In any event the peoples of world do not trust the elites. Any elites. So why would we look to them to settle this issue?

    In the USA 300 people have been released from death row over the last 25 years alone, base on DNA evidence proving them innocent.

    In Barbados, we are certain that innocent people were killed too.

    What vigilance of citizens? You think when the forces of a government tells an uneducated, poor man, that he committed a murder, only the few are able to go against.

    We are collectors of old books. There are no old books we’ll have trashed. If you are talking about the Bible, we have incontrovertible evidence that it is fiction, stories stolen from other people.

    Should you be able to untethered yourself from this nonsense you will have finally broken the chains of mental slavery.

    We never understood how otherwise intelligent people, like you, could seek a god in narratives of our enslavement.


  13. William,

    Let me explain for fear of misinterpretation. I mean functionally semi-literate for a modern, advanced, technological world.

  14. William Skinner Avatar

    Fact # 3
    It is a known fact that capital punishment does not curb or prevent the crime of murder.

    Question: Why would “civilised” people still support what is essentially state sponsored murder ?

    Since the taking of life is considered the ultimate crime if the state takes a man’s life and then finds out he is innocent, how does the state suffer or is punished for this ultimate act of state sponsored murder of an innocent citizen?


  15. Depedantic. The overlapping of race relations in the Usa as correspondences to an issue within the Carribbean which merits consideration as applied to solutiins is far reaching
    Understandly that their might be a case where a wrong person might be accused however most findings within the region on race relations and the death penalty would reveal that very few if any death penalty cases brought forward are founded on race and most of the time the victims death occured at the hands of one of our own
    Unlike the Usa the policies which were based and influenced by white supremacist the carribbean has solely been govern by people of their own race although white inflitration brought about by treaties are now beginning to show a cause of concern for revised thinking as applied to the death penalty.


  16. Fyi

    Stephen Brathwaite is feeling annoyed.

    3 hrs ·

    As a service to all fellow iPhone 6/7 users, even though your phone is may be 4G LTE capable, it is not with the FLOW network!

    Do not waste your time believing the adverting and going into a FLOW outlet for the "easy SIM swap out"

    LikeShow More Reactions

    CommentShare

    14 Douglas Trotman and 13 others

    Comments

    Fabian Todd

    Fabian Todd I hope they fix this issue soon.

    Like · Reply · 3 hrs

    Marisse Downie

    Marisse Downie Good to know

    Like · Reply · 2 hrs

    Chard Peters

    Chard Peters is it that the phone not compatible or is it that they not really offering true 4g/lte service

    Like · Reply · 2 · 2 hrs

    Stephen Brathwaite

    Stephen Brathwaite 🤔

    Like · Reply · 2 hrs

    Chard Peters

    Chard Peters lol i take its the latter

    Like · Reply · 2 hrs

    View more replies

    David King

    Write a reply…

    Damian A Edmund

    Damian A Edmund Digicel either I don’t even bother and I went to them and they told me my phone isn’t 4G capable 😐 . So on my last visit to the US I took a screen shot of my phone saying 4G both with a t-mobile and my Digi sim in it . Took it and show them and they ain’t know what to say .

    Like · Reply · 3 · 2 hrs

    Mac Thomas

    Mac Thomas That is nonsense and untrue. The Digicel employee you spoke to don’t know what he is speaking about.

    Your phone will continue saying "3G" because of the technology used however the service you receive is no different from the phones which say "4G".

    Like · Reply · 32 mins

    Damian A Edmund

    Damian A Edmund Well then they should say that ..

    Like · Reply · 15 mins

    Stephen Brathwaite

    Stephen Brathwaite This is the substantive point here… give the customers information without them having to search for it and come to their own conclusions (often that the telecoms are jerking our chain)

    Like · Reply · 13 mins

    David King

    Write a reply…

    Timothy Leach HD

    Timothy Leach HD All lte is not LTE. The problem can’t be the phones as the LTE radios in them are made to the LTE standards

    Like · Reply · 2 hrs

    Mac Thomas

    Mac Thomas Why not if you have a Unlocked phone?

    Like · Reply · 34 mins

    Stephen Brathwaite

    Stephen Brathwaite Because, Flow!

    (Digicel not any better neither)

    Like · Reply · 33 mins

    Mac Thomas

    Mac Thomas Depends on the LTE frequency certain handsets may not be LTE compatible however apple has included all LTE bands in their phones I think it’s from the 6 and above. So if you place a Digicel or Flow sim in an unlocked phone you should see "LTE" once you subscribed to that service.

    Like · Reply · 28 mins

    View more replies

    David King

    Write a reply…

    Rico Yarde

    Rico Yarde But if you check https://support.apple.com/en-us/HT204041 you would see it does not have LTE support for Barbados…

    Wireless carrier support and features for iPhone in Latin America and the Caribbean

    support.apple.com

    Like · Reply · 23 mins

    Stephen Brathwaite

    Stephen Brathwaite You know, I should not have to go hunting for this information. If you are advertising that you have "switched on" this service and all I need is "a compatible handset and a new SIM, just come in and it is a free and quick change" then the same advert should say "not yet available for the iPhone" or "only available on the Samsung 3746q" or "check our website for a list of compatible handsets", but no NOTHING of the sort!!

    Like · Reply · 3 · 17 mins

    Rico Yarde

    Rico Yarde Don’t get me wrong I agree with what your saying but this information was out for a while (not picking sides for carriers) but as you said someone should of been able to say hey iPhone user it won’t work for you etc….

    Like · Reply · 10 mins

    Stephen Brathwaite

    Stephen Brathwaite You mean to tell me (from browsing this link above) that Flow, C&W, Digicel are all such small fry that they cannot negotiate feature support with Apple for the entire region? with the exception of Cayman, Antigua & Barbuda… wha I real curious here… Antigua yuh!!!

    HOW??

    (given the money available and the way of doing business in these territories respectively, I suspect rights need to be paid for – but I could be wrong)

    Like · Reply · 3 mins

    David King

    Write a reply…

    Stephen Brathwaite

    Stephen Brathwaite most of the time, it is not what we can or cannot get, it is what we have to go through to find out. It all comes back to providing good customer service.

    Like · Reply · 2 · 16 mins

    Damian A Edmund

    Damian A Edmund Honestly I over it .. I mostly use data for whatsapp and emails on the go and since I work from home I’m always connected to wifi

    Like · Reply · 12 mins


  17. @ Pacha
    Until your full enlightenment, let us agree to disagree.

    Suffice it to say that life is so complex, that in order to REALLY enjoy living, one must be prepared to die…
    In order to be TRULY wealthy, one must be open to being poor…
    In order to to be REALLY wise, one must be prepared to ASK (to be open to not ‘knowing’)

    In order to create a prison-less society, one must be prepared to imprison evil.
    In order to create a ‘murder-less’ society, we MUST be prepared to pay for a life with a life.
    It is overly simplistic to think that the results that we dream of can be achieved by the easiest route possible…..

    This is why economic prosperity often evades those who selfishly and greedily grab after every chance to dispossess others to their own benefit…

    But you are unusually talented … and will no doubt come to understand all this in the fullness of time.


  18. Bushie

    OK

    We’ll continue to wrestle with these issues.

    Even if both of us know too much

    Or think we know too much

    To be persuaded, fundamentally


  19. Bushie

    On re-reading, we see a number of errors were made

    A few more than normally.

    Sorry, we’re too engaged in closing a few serious business matters

  20. William Skinner Avatar
    William Skinner

    Really ? Regular contributors are discussing
    Capital punishment,slavery etc and a thread
    is opened about Flow Digicel 4G 3G. How
    rude can we get? Pathetic!!


  21. 5G is here!


  22. @William

    You are the BU blog etiquette police these days?

    Understand something because we will only post this once.

    When BU post a comment it is done with a purpose, always (note the placement of the comma.

    You have the choice to scroll pass any comment you do not find acceptable to your high standard.

  23. William Skinner Avatar
    William Skinner

    @ David
    Ok David, point taken.


  24. Has the forum noticed that the Guyana-born DPP is now calling for judge-only trials? This is not only ridiculous, but anti-democratic and authoritarian. It is the beginning of a slippery slope of a repressive state, removing a crucial check and balance on the state-run criminal justice system.
    This man is not a democrat. He is in favour of using the armoury of the state to jail the marginalised and oppressed.
    Where are those who oppose this ill-thought out nonsense?

Leave a Reply to Bush TeaCancel reply

Trending

Discover more from Barbados Underground

Subscribe now to keep reading and get access to the full archive.

Continue reading