Caswell Franklyn, Head of Unity Workers Union

Former Commissioner of Police, Darwin Dottin, applied to the law courts to challenge the decision that effectively prematurely retired him from the Public Service. The decisions of both the High Court and Court of Appeal have clearly shown me that I only have a miniscule understanding of the law.

Based on my knowledge of public service rules and some court decisions that interpreted those rules, I was firmly of the view and predicted that Dottin would have prevailed. I am now reminded that a little learning is a dangerous thing. Nonetheless, I would still like to share the little learning that caused me to come to my erroneous conclusion.

Firstly, Mr. Dottin was sent on something called administrative leave that does not exist in the Public Service of Barbados, and I must add that the defence conceded that point. To my mind, the act of sending him on administrative leave would therefore have been a nullity and he should have been allowed back to his post. And that should have been the end of the matter but heads far wiser than mine thought differently.

From reading the decision of the Court of Appeal, it would appear that the Police Service Commission (PSC) came to the conclusion on its own initiative that Mr. Dottin should have been retired in the public interest, in accordance with section 11(1) of the Pensions Act. I must confess that I did not think that section 11(1) applied to him. But what do I know? Section 11(1) states:

Subject to section 13B, the Governor-General may require an officer to whom this section applies to retire from the service of the Crown in a civil capacity

(a) at any time after he attains the age of 55 years;

(b) in special cases at any time after he attains the age of 50 years.

Even though the PSC has the right to recommend to the Governor-General that a public officer should be retired in accordance with that section, there is a procedure, in the Service Commissions (Public Service) Regulations, 1978 to follow. I have been unable to find any hint in the appeal court’s decision that this procedure was even considered. Regulation 19 (1) and (2) state:

19. (1) Where it appears to a Permanent Secretary or Head of Department that, pursuant paragraph ( b) of section 11(1) of the Pensions Act, Cap. 25 an officer in his Ministry or Department who has attained the age of fifty years but not fifty-five years ought to be required to retire from the public service, that Permanent Secretary or Head of Department shall advise the officer accordingly and report the matter, together with his reasons therefor, to the Chief Personnel Officer for the consideration of the Commission, and the Commission shall recommend to the Governor-General whether or not the officer ought to be required to retire.

19 (2) An officer referred to in paragraph (1) shall be afforded an opportunity of submitting in writing to the Commission any representations he wishes to make regarding any advice given to him by the Permanent Secretary or Head of Department pursuant to paragraph (1).

I was therefore of the opinion that the PSC wrongly relied on section 11(1) even if it were applicable, since they had no authority to commence proceedings under that section. In this case, only the Permanent Secretary could have initiated that process. Mind you, I was not only relying on my limited knowledge to arrive at that position. I relied on the learning of Madam Justice Elneth Kentish who said, in the case 979/1996 Judy Lloyd v Attorney General:

“This case serves as a timely reminder to all vested with authority to make decisions under a power or duty conferred or imposed by law that where proceedings are stipulated as part of the decision making process, these procedures must be strictly adhered to …”

I must admit that the two decisions in the Dottin case are hard pills for me to swallow, but whether I like it or not, I must acknowledge that the Court of Appeal is always right in law, unless the Caribbean Court of Justice says otherwise

78 responses to “The Caswell Franklyn Column – Did Former Commissioner of Police Darwin Dottin Receive Justice in the Courts?”

  1. Piece Uh De Rock Yeah Right - INRI Avatar
    Piece Uh De Rock Yeah Right – INRI

    One article is now showing at 2.31 yesterday afternoon but this one posted at 2 ** is not
    showing.

    The “filter” must be the word Mugabe lolol or waste foop”


  2. @PUDRYR

    Identified the problem. Your IP.

  3. Well Well & Consequences Observing Blogger Avatar
    Well Well & Consequences Observing Blogger

    Piece…glad to have ya back.

  4. Carson C. Cadogan Avatar
    Carson C. Cadogan

    Another thing

    MIA AMOR MOTTLEY

    Vote for me because I am a woman.

    I think not!!!!!!

    The prison service. She appointed the present Chief of Dodds. Trouble at Glendairy from the time he was appointed. Staff morale took a nose dive from the time he was appointed and it has stayed down ever since.

    Under his watch the prison was virtually burned down. He is a man alleged to be a BLP operative. Pitched fork into the Superintendent seat over other more deserving individuals. This is how the Barbados Labour Party operates. Loyalty to the Barbados Labour Party first and foremost and every thing else after. Often with disastrous results. Prison burn down a life or lives lost, foreign troops on Barbados soil as a result.

    Because of her continued blundering Bajans now have to look every January for in excess $30million to pay for a $700million new prison which she originally told Bajans would cost $100million.

    Now she up and down Barbados begging Bajans to give her the chance to mash up Barbados again.

    I think not!!!


  5. Those are the Facts which no blp operative can deny.a 700million dollar debt payable every first of the year and which has become a hangmans noose around the neck of every taxpayer struggling to pay their household bills.
    The blp would want all of barbados to belive that the years spent under their reign were plentiful but most barbadians know that there was plenty debt piled upon this country and its people under the blp reign

  6. Well Well & Consequences Observing Blogger Avatar
    Well Well & Consequences Observing Blogger

    “The prison service. She appointed the present Chief of Dodds. Trouble at Glendairy from the time he was appointed. Staff morale took a nose dive from the time he was appointed and it has stayed down ever since.”

    And the stupid government led by Fruendel the Fraud, kept Nurse there even longer…idiots, kept the useless DPP Leacock even tried to keep him there another 9 years…idiots…

    How much is Apes Hill costing NIS pensioners….how much did the Maloney, Bjerkham, Cow and Bizzy 4 seasons and housing scams cost taxpayers….idiots….how much did the BWA building scam cost taxpayers…when the money would have been better used to upgrade the sewage system and repair mains to bring potable water to the whole island……idiots

    …..how much is the Transport Board liabilities scam with the supreme court choked with personal injury cases thanks to Peter Harris costing that entity in equity. …idiots.

  7. Carson C. Cadogan Avatar
    Carson C. Cadogan

    Well Well

    “”And the stupid government led by Fruendel the Fraud, kept Nurse there even longer…idiots, kept the useless DPP Leacock even tried to keep him there another 9 years…idiots…””

    I must agree with you here.” But not the “”idiots”” part!!!

  8. Carson C. Cadogan Avatar
    Carson C. Cadogan

    All the major blunders made under the BLP.

    MIA AMOR MOTTLEY was in charge.

    A disaster for an Attorney General.

    A disaster for a Minister of Education.

    A disaster for a Minister of Economic Affairs.

  9. Carson C. Cadogan Avatar
    Carson C. Cadogan

    But vote for me!!!!!!

    I am a woman.

    She reminds me of HILARIOUS CLINTON in America. She feels she is entitled. She is always talking about she is from “”a political family””.

  10. Well Well & Consequences Observing Blogger Avatar
    Well Well & Consequences Observing Blogger

    Carson…the same thing is being said under Fruendel……do you realize now that neither government is capable, that is why everyone wants to see a different group of faces with better intentions…if ya keep doing the same thing every election cycle, making the same mistakes by choosing the same stupid people….ya will keep getting the same failed results, nothing will change for the better…it can and only get worse.

    “A disaster for an Attorney General. ….Adriel Nitwit do nothing Dimwit….cant and wont fix the supreme court….a true failure, dont even know the law, just like Fruendel and also a lawyer.

    A disaster for a Minister of Education….Ronald Jackass Jones, cockup after cockup

    A disaster for a Minister of Economic Affairs.”….., Chris Decimals Sinckler, central bank cockup, 19 downgrades, teetering on default, disappeared millions, shrinking foreign reserves……..and on and on…..

  11. Carson C. Cadogan Avatar
    Carson C. Cadogan

    Well Well

    What you and a few on this blog don’t realise is the fact that all revenue collected by Govt. is at the disposal of Govt. to use in the interest of the country.

    They are no missing millions, shrinking foreign reserves being used for the benefit of Bajans nor the man in the Moon.

  12. Carson C. Cadogan Avatar
    Carson C. Cadogan

    should be “”not the man in the moon””

    line # 3

  13. Well Well & Consequences Observing Blogger Avatar
    Well Well & Consequences Observing Blogger

    Carson…it’s the auditor general handed in his now very public report on unaccounted for millions which the 3 blind mice Kellman, Lashley and Sinckler refused to turn up for the PAC meeting to be help accountable for their shay actions and the missing money and all those scams with Maloney et al…using taxpayers money……….and since then we got the millions of pensioner’s money to the Apes Hill scam.

    Ya think ya talking to the stupid ACs the yardfowls or what.

  14. Well Well & Consequences Observing Blogger Avatar
    Well Well & Consequences Observing Blogger

    Lashley and Sinckler refused to turn up for the PAC meeting to be help accountable for their SHADY actions and the missing money and all those scams with Maloney et al…using taxpayers money……


  15. What gives with this new guy Price ?on the Brasstacks block.He seems to think he must interrupt especially when a comment sounds anti DLP.He made a boo boo in equating Ministers of govt with private sector managing directors.Whatanass.He is another pro putting forth a hidden agenda which says Ministers should be paid more for all the responsibility they have including peoples’ lives.Perish the thought.I will never accept that any pissass barefoot minister responsible for my life or that of anybody belonging to me.I make decisions for our welfare.No pissy minister.Eff off You JA.Mr Anti America clearly was about to tar his ass for the same comment but he won’t let him!

  16. Carson C. Cadogan Avatar
    Carson C. Cadogan

    Well Well

    It is a dangerous thing getting all of your information from the Barbados Labour Party.

  17. Carson C. Cadogan Avatar
    Carson C. Cadogan

    an excerpt(as told by a former prisoner)

    “”Lt. Col. John Nurse had been a desk jockey at the tiny Barbadian Defence Force before taking up the job of Superintendent at Glendairy . Dazzled by delusions of his own military greatness, his main concern was walking around like Idi Amin with his Red cap band on. He was usually flanked by a couple of hefty guards. “”

    On one occasion Nurse held convocation in the Mess Hall. Every inmate, except those on H&L, the wing where all the men on Death Row were kept, had to be there. He made a speech about how the prison worked and how we should behave and then stated that we as prisoners did not have any rights. We inmates were going to take everything that was coming to us. We all knew it , but I couldn’t believe he was actually saying it out loud and admitting it.””

    OF NOTE:

    He was a desk soldier.

    He like to walk around with “”….his RED cap band on””(BLP red)

    Inmates have no rights , said he!!!

  18. Well Well & Consequences Observing Blogger Avatar
    Well Well & Consequences Observing Blogger

    Carson……the auditir geberal’s report was in the public domain…maybe ya missed it.

    Why is Fruendel still keeping Nurse at Dodds. ..what secret is he holding for the government they cannot fire him or the useless DPP.

  19. Well Well & Consequences Observing Blogger Avatar
    Well Well & Consequences Observing Blogger

    Auditor General’s…….

  20. Carson C. Cadogan Avatar
    Carson C. Cadogan

    Well Well

    ” is Fruendel still keeping Nurse at Dodds”

    The next time you see The Hon. Prime Minister you ask him.

  21. Well Well & Consequences Observing Blogger Avatar
    Well Well & Consequences Observing Blogger

    Dont want to see Fruendel…last time I saw him was in a photo hugged up with the Naked Depature blog mistress…it was in NYC I believe, that was enough seeing of Fruendel for me.

    Since you are the one complaining about Nurse, Carson, it would do you well to ask Fruendel why he cant fire Nurse…after all you are the government pimp and yardfowl…….all yall nasty secrets will come out though, take time.

  22. charles skeete Avatar

    Jeff Cumberbatch April 9, 2017 at 10:30 AM #

    “…an officer in his Ministry or Department who has attained the age of fifty years but NOT fifty-five years (my emphasis)

    @ Caswell, would this have applied to Dottin? Was he not already past 55 at the material time? I confess that I have not yet read the judgment, but I have never heard of “administrative leave” either which sounds punitive.

    Caswell Franklyn April 9, 2017 at 11:14 AM #

    Jeff

    That is my point, neither section 11(1) of the Pensions Act nor regulation 19 of the Public Service Regulations would have applied to Dottin. Section 13B of the Pensions Act might have been more appropriate. But in any event, the service commissions do not initiate action and report it to themselves and then advise the Governor-General.

    I have a soft copy of the judgment if you need one.

    Have you read the Judgment yet? I do not believe that we should allow Mr Franklyn’s points of view disagreeing with the decision of the court of appeal to be silently swept under the carpet. I await your views on this matter which elicited lots of controversial comment on BU when Mr Dottin was removed from office purportedly by way of ‘administrative leave’ a term which from the comments of legal layman Mr Franklyn and now legal luminary like you appears not to exist in the circumstances.


  23. What is your point Mr Skeete?

    Are you suggesting that Court decisions in Barbados have a history of conforming with what is written …or not written, in the Law?
    ha ha ha …

    Boss, our court ‘decisions’ consists of a number of pages of legal mumbo jumbo – usually quoting arbitrary selected shiite cases from equally corrupt jurisdictions – and mostly consisting of so much verbosity and superfluity, that NOBODY (including the damn lawyers, clients, prosecution or press) ….except for Caswell (who is just strange that way) and Jeff (because he is a teacher) bothers to read it.

    Then they give the ‘judgement’ – which is what happens to be politically expedient at the time and usually bears NO relationship or logical follow-up from the preamble…. to the written ‘law’ or to common sense.

    The ‘judgements’ of our courts can easily be predicted by any astute political / masonic / racial / social observer …… in that order….


  24. Duffus when last have u read a legal briefing or a court judgement on any legal matter. Your need to pontificate on any and every given matter is astounding

  25. Carson C. Cadogan Avatar
    Carson C. Cadogan

    charles skeete April 12, 2017 at 3:41 AM

    If you want legal advice , then you will have to pay for it just as Dottin is doing.

  26. Piece Uh De Rock Yeah Right -- INRI Avatar
    Piece Uh De Rock Yeah Right — INRI

    @ The Honourable Blogmaster

    I see that you have offered me an apology.

    I accept it in the roundabout manner that it is given.

    @ Those of the Things Fall Apart fiasco and sham of a regional institution.

    None of you knows enough IT to offset what my grandson knows.

    Stephen and his team are wusses AND UNTIL wunna get Darknet Capacity and Apple decryption wunna performing waste foopisms .

    It is my understanding from the grape vine that wunna wants to bring down ammmmm Barbados Underground.

    Good Luck with that lololol for neither you nor Mugabe can stop the Internet.

    It is too huge a thing and wunna brains collectively would not constitute the substance to make one match head to light on a match box.

    Observe the comment of the Honourable Blogmaster @ 3.31 on April 11th and be warned.

    All else is purely circumstantial shyte and speculative and most importantly *******.

    But wunna going see that ….SOON

    @ Bradshaw.

    You need to watch your back because they have eyes on you

    @ ***

    They are unsure of your allegiances so you need to be careful notwithstanding the sexual harassment issues.

    @ The Other Source

    You are talking too much and need to shut your blasted mouth lest you and your significant other get immolated.

    @ All

    This “Dottin matter” and “the Mugabe Pretender to the Throne collusion” constitutes a pattern of engagement of small minded people that come and seek our votes AND WHOM WE ELECT TO FVUC# US for 5 years.

    We Bajans elect a thief and then expect him to become an Honourable Citizen purely because you address him thusly in the House of Assembly.

    Both sides are scum and until we get back to seeking men and women with character and backbones we will be screwed by them both.

    This General Election is going to start the shift though from this impotent duopoly from visionless bukhvunts

    “Thou preparest a table before me in the presence of mine enemies ….’

  27. Piece Uh De Rock Yeah Right -- INRI Avatar
    Piece Uh De Rock Yeah Right — INRI

    @ The Honourable Blogmaster

    The IP issue again.

    Grateful if you retrieve the earlier post and post manually since this is the Darknet procedure that they cannot subvert.

  28. Well Well & Consequences Observing Blogger Avatar
    Well Well & Consequences Observing Blogger

    “Stephen and his team are wusses AND UNTIL wunna get Darknet Capacity and Apple decryption wunna performing waste foopisms .”

    Lol…

    No matter where a website is located, anyone trying to take down said site and a complaint is made to FBI who handles cybercrimes and hacking investigations particularly within the US but also world wide, the complaint will be investigated, check out the FBI website for more information .

    So these stinking wannabe hackers, thieves, money launderers and drug/gundealers for business people on the island their minister friends and government pimps who want to cover up crimes against the people, thefts of NIS and taxpayer’s money for another 3 decades…..can be taken down for cybercrimes.

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