Submitted by Pieceuhderockyeahright
I said that I would only come back on BU and comment if/when there was something to speak about and a challenge was laid down for some governance ideas by a blogger here. I said I would risk wading into uncharted waters and give some ideas about the Justice System and the 40 year backlog it is purported to have.
In proposing this submission I relied on the antiquated? process/mechanism which the GCE O Levels employed regarding as the overseas entity that marked local O and A level exams. When you did your exam under Cambridge and you put your # on those papers, de white people in englant did not care who you was, for unlike de CXC Caribbean counterparts, papers were marked for the most part, based on content and the marks ascribed were not determined on your social standing.
So here is an extrapolation of said concept as an optimization of our current legal/jurisprudence dilemma as relates to our courts. I suggest a project that would (a) get de international community to underwrite a Pan Caribbean Pilot geared at removing all the backload in the Justice System(s) for Caricom member states say Jamaica, Guyana and Barbados funded by EU and IDB money. (b) the Project would have these 4 elements
- Input and Denuding
- HR Enrolments and Metrics
- Content Dissemination and Decisions
- Collections, Reintegrations and Dispersion
Every single case under scrutiny will be ordered by its import (gravity) and accorded a FIFO quotient as to how long the matter was outstanding. Then they would be systematically “denuded” of all “markers” so that while all the elements of the legal matters remain, THERE WILL BE NO NAMES, ADDRESSES OR SPECIFIC DETAILS TO IDENTIFY THE PLAINTIFFS. Of course there will be matters where certain details will be required but, for the most part, a sanitization of the records can be successfully achieved.
The HR hired to examine these legal matters will be assessed by External assessors (because we know that if it was based on internal approvals – all we incompetent friends, did not say Trottie, going get picks) and they would be engaged based on their abilities and experience/track records. HR WILL BE TAKEN FROM A GLOBAL POOL of skilled legal persons, preferably those who are retired and they will be engaged using a metric that enforces Quality Assurance of their decisions AND they will be compensated under Performance Based criteria.
Quite simply, if they are assigned ten cases which are assessed to require 10 man hours, each qualified staffer will be paid, once 100 hours are completed and the document are submitted.
The Cases will be allocated based on expertise, congruent law, etc and the parties will be required to give their decisions based on the laws of that jurisdiction.
Their final output will be peer assessed/vetted for consistency and compliance with laws in the jurisdiction of origination.
The denuded subject matter will then be “reassembled” with the requisite information attached for final dissemination.
De ole man of course ent no legal man so forgive the paucity of legal knowledge but I was only looking at developing and employing processes that are devoid of collusion, optimize resources and focus on resolution to the staggering backlogs across the region.
It would take qualified men like Mr Caswell Franklyn and the Luminary Mr Jeff Cumberbatch to inform whether this can or cant work but the suggestion is based on proposing indigenous constructs to address inefficiencies in our court and the endemic reality of “Justice Delayed Is Justice Denied.”
My sweet piece, Barbados is an island that embraces inefficiency and tramples upon any thing that attempts to make things workable. There will never be an attempt, let me rephrase, there will always be this appearance of looking like you are trying to improve the dismal state of our legal profession, but the outcome will always be one of the same: a lot was done that amounts to nothing achieved.
I believe that a version of Piece’s suggestion is either being contemplated or is currently at the trial stage at the supreme court, using UWI law students as interns researching active cases…
….. dont know if they have thought as far ahead as rotating these students through the 3 UWI campuses across the Caribbean to prevent the incestous practices so ingrained in the bajan mentality….
…..or to use regional and international retired legal minds to research individual cases and prevent incestous corrupt practices…that would damage the process and progress of individual cases.
We do know that no case should last longer than 4 or 5 years and many can be expedited even sooner.
I have seen first hand how incompetent lawyers maliciously and deliberately prolong cases to unnecessarily keep the process ongoing in the hope that the parties get fed up and withdraw the matter, they die, the judges are moved to the Assizes prompting a new replacement judge to start the process all over again, the judge gets fed up, frustrated and abandons the case …..defense attorneys refuse to prepare for trial….creating more delays, particularly if the case is near it’s end…..a nasty practice these lawyers and law firms should be very severely penalized for disrespecting the court and parties to the matter..sending them a very public message to act as a deterrent to the other lawyers who have gotten away with such unethical behaviors for decades.
Leslie Haynes law firm with his junior attorneys attorney are famous for this and got the nerve to call it practicing law.
I have seen first hand how utterly mentally exhausting and psychologically painful it is to sit through a trial for even simple matters in the supreme court, just observing left me mentally and physically drained and wanting to scream, slap the lawyers from both plaintiff and defense side and ask the judge if she did not have a gun she could use……
……within an hour, I wanted to seriously hurt someone….the lawyers, I have never seen anything like it anywhere else, …it’s like mental torture, no wonder people just dont bother to pursue court matters…..it really does look and sound hopeless….having to be subjected to the mindless bullshit spewed by the lawyers, which most times does not resemble anything even minutely close to being law….it more resembles a bag of petty, trifling, small time conman tricks, like one would find in a high school.
If you visit certain countries — China and Cuba come to mind — the legal process is much less complicated and case backlogs are short.
The Western world looks with disdain on these systems, but its own system is overwrought, filled with uncertainty and delays, and prohibitively expensive in so many cases that ingenious workarounds have to be devised with increasing frequency.
To make matters worse, the Western model of justice disrespects anyone who is accused of anything, forcing him or her to remain a silent bystander in the court, while lawyers decide his fate. This should be totally unacceptable to the citizenry of any “free” country, but we have always meekly collaborated with the power brokers in the legal Establishment.
Barbafos cannot afford its lawyers and judges. Period.
I have a few questions of which I would welcome your input Sir:
1) Isn’t backlog common to every judicial system in the world though not 40 years of it?
2) What are the facts and factors which contributes to these backlogs?
3) And can you point to any judicial system in world that you would wish/want Barbados/ Caribbean judicial system to be erected after in terms of its efficiency?
4) Now isn’t it a know fact the hearings, continuances, motions and discovery, contributes to the backlog and inefficiency in the system?
5) And lastly, can we concluded that the lawyers as well as parties to the trial are the primary caused of backlog and the inefficiency in the judicial system?
6) And that a judge has little or no influence over these unfortunate occurrences?
Who are you comparing China and Cuba judicial system to? Now are we not talking about two communist countrties with what I would estimate with a very low rate of crime as apposed to cities in the United States like Chicago and Los Angeles, where the crime rate is astronomical, and backlog of cases are inconceivable. Nevertheless, it would be of interest to ascertain what you have observed in those two judicial systems that those in the western world have yet discovered?
I don’t know as to where your disdain for the western model of jurisprudence arises from, but I could tell you this much: a district attorney would never move ahead with a case if he or she believes that it is impossible to convince a jury of an accused guilt, and thereby winning a conviction because his or her reputation as a prosecutor is on the line. And remember: in the western model the prosecutor much beyond a shadow of doubt convince an accused peers that he or she is gulity of whatever he or she has been accused of. So if a fool believes that he or she is capable enough to by his or her own lawyer the law allows for that as well here.
I am disappointed at your reaction. A legal system is created to resolve disputes. How can anyone think that it makes sense to create a system of dispute resolution that is so complex that the protagonists in any dispute have to shut up and sit down, so that total strangers -hired guns- whose only expertise is in the specialized mechanics of the law, can take over and settle the matter among themselves.
The system we have serves the lawyers well, but not the citizens. That is not right.
“To make matters worse, the Western model of justice disrespects anyone who is accused of anything, forcing him or her to remain a silent bystander in the court, while lawyers decide his fate.”
Chadster….if you ever observe Barbados supreme court proceedings…plaintiffs have the same very problem, mere bystanders since most of the lawyers dont think you their client should know what’s happening in the proceedings, his or her plan to win your case or if your case has been already completed or setttled, so as long as the two lawyers are colluding outside of the clients or the court’s knowledge…you are screwed, particularly if the clients are not savvy enough to keep up with the thread of the proceedings.
Those lawyers violate client’s rights.
The judges with their heavy case loads have to watch out for constant tricks from slimy law firms like Haynes”.
Dumpty…then why are so many innocent black and hispanic men being released after serving upwards of 30 and 40 years in US prisons through DNA exclusion and the INNOSENSE PROJECT.
I will answer one of the questions you asked Piece.
Barbados needs to create it’s own judicial processes, it’s very tiny and should never accumulate a decades old backlog, I saw all the files of backlog and they were all in one tiny room….there is no excuse for not creating an efficient, competent judicial processs.
If Piece has seen more than I did he can expand,
Anyone who trusts the jury system in the Western world is a fool. Most jurors are stupid, lazy and unable to see beyond their personal prejudices. A woman who is anxious about rape thinks every accused rapist must be guilty. White people will convict a black man of almost anyrhing, unless he is Sidney Poitier.
We need to find judges who have the rarest of virtues– integrity. That is more important to a system of justice than legal expertise.
Besides, the idea that you can find the truth in any conflict by setting up an adversarial system of competing liars, is grotesque.
I am glad we can finally agree about something.
Now, if only you could escape from the Liberal Plantation.
Dont push ya luck CHadster……I am seriously pushing for the term Racist Terrorists and the banning and isolation of racists from society to rid the world of white poison.
But….”competing liars”…..does accurately sum up what happens in Barbados courtrooms re lawyers and it is very grotesque.
Legal procedures need updating to include the banning of lies by lawyers as a tool to derail cases, it is horrific to see when everyone in the courtroom knows the lawyer is lying….but it is acceptable and the norm.
Something is very wrong with that picture.
The idea that criminal courts are clogged because of high crime rates is false.
Criminal courts are clogged in every Western country, even in wealthy jurisdictions with small populations and low crime rates.
The reason Western courts are clogged is that the law is overly complex and hopelessly time consuming.It takes years of effort to prepare for some court cases.
Because 30 years ago DNA and the Finger Printing Analysis AFIT testing were still in their infancy, and a lot of people in those days were convicted on eyeswitness testimony exclusively. Nevertheless, there is a black guy in my very state who had been convicted of raping white woman back in 1986, and who mine you spent 27 years in jail after DNA analysis exonerated him a few years ago of such charges.
Well Well, you ought to understand that DNA and Adance Finger Printing Analysis were still in their infancy as far back as the 1980s, so therefore, eyewitness testimony coupled with false testimony of crooked White cops with ulterior mmotivs were at fault or contributory to such convictions back in the day.
I thought by now David would be out and about, slyly defending his sleazy profession.
But you know, the lawyers have some of the best-looking suits in Barbados!
We should comment on the fees the lawyers are charging for arbitratng.
BU understands it will cost a client between three and fifteen thousand dollars based on the complexity of the case and there is no guarantee. The arbiters (lawyers) always win.
Boss… yuh kicking this morning.
Though your analysis may have within it some residue of fact the factors which I’ve made mentioned to above ( hearings, continuances, motions and discovery) are some of the problems the judicial system here in America is faced with, coupled with the lack of judges. This what I have been told and what I’ve read, so I have no other choice than to believe what I have been told by people in that profession here.
Yeah Dompey…US DAs are so upstanding and not the gutter rat, swamp rat scums that they really are, with their only intent beong to lock up blacks and hispanics just to win a case, even if the culprit is white.
Which despite all that adbance in DNA, fingerprinting and world class firensics, still happens in US today, but it takes less time to prove innocence.
Chadster….the Caribbean is a high risk area, because of weak systems, particularly the judiciary and corrupt politicians, the people do nOt even know how closee they cane to be taken over by fascist nazis out of Canada and alt right extremist racist terrorists in 1981, just the other day, google it yaself, Dominica was the first soft target, FBI had to intervene and shut it down
Hence one reason it’s very important to strengthen the judiciary, rid the island of the nasty, low class lawyers who do not understand even remotely the practice of law….and get rid of corrupt politicians/ministers, court officials and corruption in the office of the attorney general and office of DPP.
One thing the US embassy is not lying about, the Caribbean, particularly the soft targets and slave societies like Barbados are definitely at risk……again.
For decades, far-right groups were a loud minority in Canada. From neo-Nazis to the KKK, Canada had a white supremacy problem.
Canada’s sordid history with white supremacists involves a Caribbean coup plot
By Rachel Browne on Jul 14, 2017
On Wednesday night, longtime leaders of Canada’s white supremacy movement paraded into a Toronto public library to remember a lawyer they considered a hero. In spite of outcry from human rights advocates and calls from the mayor of Toronto to shut it down, they gathered in the name of free expression.
Paul Fromm, one of Canada’s most notorious self-identified white nationalists, organized the event as a memorial for lawyer Barbara Kulaszka, who infamously helped alleged war criminals and avowed Holocaust deniers beat criminal charges. Fromm said she died last month of lung cancer.
Paul Fromm, Barbara Kulaszka and her co-counsel Doug Christie
Dressed in a blue-and-white striped summer suit, he spoke with reporters outside the library insisting they are only living out their right to gather in a place they support as taxpaying citizens, insisting they were doing nothing illegal.
Fromm is among the old guard of Canada’s far-right. While he and his ilk have been largely ignored in recent years, overshadowed by the rise of the so-called alt-right taken up by younger and more tech-savvy figures, they represent Canada’s sordid — and often overlooked — past with white supremacy.
Over the course of the summer, to mark Canada’s 150th birthday, VICE News will be digging into some of the forgotten sagas from the past century-and-a-half. In June, we published the history of the RCMP’s barn-burning tactics to go after the Black Panther Party.
By the 1920s, the KKK boasted chapters from B.C. to the Maritimes and enlisted thousands of members — the Saskatchewan group grew to as many as 25,000 people. Their prominence manifested in a number of violent events, including when a small group detonated dynamite in the foyer of a Catholic Church in Barrie, Ontario. Similarly, “Swastika clubs” popped up throughout Toronto as Eastern European immigrants streamed into low-income neighbourhoods. Their legacy is a six-hour brawl that broke out during a baseball game in Christie Pits park in 1933.
The only known photo of the Christie Pits riot, which spilled into the streets and involved hundreds. No one was killed, but there were serious injuries.
Photo: City of Toronto Archives
Much like in the U.S., groups like the KKK lost momentum in the post-war period. That is, until the 1960s, when the neo-Nazi skinhead movement took root again and made its way north.
Various political organizations, from the Nationalist Party of Canada to the Heritage Front and the Western Guard Party cropped up in the decades that followed, with much of the organization centering around a club house in east Toronto owned by Don Andrews.
It was from there that an ambitious plot took shape in the early 80s, with a small group of neo-Nazis and Klansmen from the U.S. and Canada planning a coup against the Caribbean island of Dominica, led in part by German-born Canadian Wolfgang Droege.
The plan, detailed in the book Bayou of Pigs, was for the ragtag militia to travel to the small impoverished island from New Orleans and storm the government, armed with automatic weapons and a Nazi flag. They would then set up a white nationalist paradise, funded by gambling and offshore banking.
But the FBI dashed their dreams after agents infiltrated and broke up it up in 1981. Droege and a number of other American white supremacists eventually pleaded guilty to a range of criminal offences and served years-long prison terms.”
There is a fees schedule which can be obtained by any client from the government printing service on Bay Street, right next to government headquarters., clients can peruse the fees schedule and let the lawyer know they will not be ripped of..
If they do not want to research lawyer’s fees, they are asking to be ripped off, lawyers tell many lies, stealing is nothing.
asked, What do I find interesting in non-Western systems of law.
I cannot give a full answer to the question here, but I will mention four practices.
One, the use of judge panels with lay judges ( non-lawyers) influencing the decisions of the court, and sometimes overruling the lawyers on the judge panel.
Two, direct, extended questioning of all witnesses by the judges.
Three, great latitude given to the accuser and the accused to speak for themselves, and not just be pawns manipulated by opposing lawyers.
Four, drastically simplified legal documents and protocols.
@Pieces, as usual an interesting submission. I can merely gaze in wonder that you believe that justice reform is given true gravitas and not lip service.
You are quite familiar with the major changes (arbitration, small claims adjudications, sentencing reforms, more tech in court to speed judgement and many others) to reform and improve the system (world wide if not so much Bim).
Thus even as some traction is gained yet things remain totally ‘constipated’.
Is there really a will (should I say pun intended) to expedite the legal system!
@chad45 at 8:14 AM #…Glad to see that you are back to your main-stay as a provocateur and moot court convener. So having set your bait I will catch at it…LOL.
You parade your extensive ‘hired gun’ style credentials however you make such a statement as above! Provocation!!!!!
You love offering ‘alternative factoids’ as if life sits in your own little Chad-vacuum.
Of course the law professional have layered many complex and arcane rules atop simple facts of life to ensure there is a cadre of everlasting business be it universities/law school, jobs in the legal profession, jobs in the administration of justice etc, etc.
But yet do you perceive that if the thousands of Chads and Annes off the streets represented themselves that the free-for-all would be more rational and meaningful.
Your supposed solution starts its own worst problems but good bait dangle canard! LOLL.
To be fair, you should address each of my points systematically, instead of doing a hit-and-run.
What is wrong with simplifying legal documents and rules of procedure so they are understandable and accessible to all?
What is wrong with having several judges hearing a case instead of just one judge? Collective wisdom is better than individual wisdom
Why do you believe witnesses and lawyers should be so restricted in what they are.allowed to say in court. Is less information better than more information?
This looks very much like a ISO 9000 operation legally speaking.
Anyhow you have the two BU brainiacs giving you expert advice on it….ah mean Dumpy and Chad 45……between you three the legal system should be up and running in no time flat.
Wait … what id Dribbler doing over on this blog?
Bushie would have thought that he was busy drafting some lukewarm apology to the bushman …over on the drone /robot blog…
ha ha ha
Ok Chad…fair….there was no hit-and-run. I always drive respectfully!
Absolutely nothing ‘wrong with simplifying legal documents and rules of procedure”. In the main I believe that is the intent.
As a professional you know quite well that the ‘SIMPLE’ form becomes very complex with the proverbial fine-print because of the pervasive instances of nuisance suits done by dishonest citizens to get damage awards. That has created over the years its own problems.
Thus to simply rent a bike for example may result in a laundry list of dos/don’t to forestall such a dishonest but costly nuisance claim.
So YES you are right but there is no EASY remedy as you would suggest ….UNLESS there is an overall dictum (as per your communist regimes) which DIRECTS a maximum that could ever be awarded re certain class of cases!
Your 2) you got me perplexed re “What is wrong with having several judges hearing a case instead of just one judge?”.
There are different types of case methodologies and surely the multi judge panel is regularly used at APPEAL.
For very practical reasons (too costly, time prohibitive and counter intuitive) it would not be generally feasible to adopt that for most cases at first instance.
And 3) further perplexed re “Why do you believe witnesses and lawyers should be so restricted in what they are.allowed to say in court. Is less information better than more information?”
Again, as far as experience shows, that is to the advantage of the plaintiff or defendant in a case.
In difficult cases if two people can’t reach an agreement outside the court what gives you the strong perspective that they will come to court and speak reasonably to each other to agree….without that free-for-all I spoke of earlier.
Obviously if a person is in criminal court when the consequences may be incarceration then the old adage would answer you: ‘A man who is his own lawyer has a fool for a client’.
(To be clear, your remarks cannot apply generally to the lawyers other than in a procedural way and of course a witness is ONLY in court to say what is relevant to the matter..NO more and ideally NO less).
Ah, Mr Bushtea..the apology was to stay silent. Besides after I read your response to Pacha on another blog I was reminded that you are at a level of English persuasive craftsmanship that is way, way beyond my limited skills…
That was masterful…you AGREED that statements you made were in fact mutually exclusive and then proceeded to offer an argument on why they were STILL mutually viable collectively.
And you even convinced me by the end. LOL.
I respectfully bow to you oh wise one!….As one NEVER wins an argument with you!
I will counter three of your points:
It is absolutely essential to drain money from the legal system. If lawyers and lawyer-judges are paid some of the highest salaries in society, that interferes with justice by making legal judge panels too expensive.
Also, if courts make the mistake of huge financial awards and settlements, they are swarmed by litigants, etc. The best example of this is the United States.
Two, there would be no free-for-all in courts because rules of court behaviour enforced by the state would still apply.
Three, with a much less complicated system of law, it would no longer be foolish to represent yourself in court.
Chadster….small claims courts are a good example of self representation…in the US and other modern jurisdictions….cut out the annoying useless middleman, the lawyer….one on one with the judge…very ideal and time saving.
The judges and the procedures itself has “Also, if courts make the mistake of huge financial awards and settlements, they are swarmed by litigants, etc.”….this very much in control on the island….the procedures are tight.
……the fly in the ointment of course is the collusion between lawyers who believe they are the ones who should be compensated handsomely for the personal injury…..and not the injured claimants.
I have seen this myself, it plays out all the time.
Good morning to all.
I find myself being persuaded by Chad line of reasoning.
However, he seems theoretical as W&W keeps reminding us that the real problem what goes on outside the courtroom.
How do you fix that?
Welcome back PUDRYR.
The good news is that Sisyphus was never unemployed…..
The bad news, it was a repetitive job.
The only remedy for that right now Gazer, is exposing them and naming the culprits nonstop, putting pressure on the judges to not let the known culprits continue to control the courtrooms…
….. the judges own their courtrooms and should be in full control at all times…
Since one protector of chaos in the courtrooms by criminal insurance companies is now gone….FOR GOOD……., that should ease some of the pressure on the judges, but there is still a long way to go…the residual nastiness remains in the form of lawyers/law firms who are disrespectful of the law, the courts, the judges and plaintiffs.
Depending on how things go in the very near future and with permission, I will be able to expound on these moving parts.
Ah bet Delisle Worrell can give good information and advice about that…..
Lawyers can tell whether a case is winnable or not…
…the lawyers in Barbados refuse to tell their clients when they cannot win a case, they do not want the money train to end,, they have no ethics, which they were taught at university, or moral compass..
@chad45, with all respect to your post @10:25 AM but as I said earlier you offer excellent ‘moot point’ provocation.
No one can dispute your basic assertion that is developed from the point re: “If lawyers and lawyer-judges are paid some of the highest salaries in society, that interferes with justice by making legal judge panels too expensive.”
But it is mindless in 2017 to assert that point as if its some nascent ground breaking new concept.
Chad we have long by-passed the apprenticeship system; we have long done away with the solicitor/barristers system.
How is heavens name do you perceive that the entrenched money-changers will be chased out of this temple of greed and gold by fiat of the people’s desires???
Of course those “huge financial awards and settlements” cause litigants to swarm. Who disputes that.
But where do you see tort reform actually taking hold and being aggressively legislated on behalf of the average Joe or Anne??
It becomes a ridiculous political football and gets restricted by the same legal lobbyists and their friends.
Two & Three…be realistic Chad. The average poster here shows a level of savvy that I expect any of them could go into a court of law and represent themselves to some degree of success in simple disputes. That is EXACTLY what the small claims process facilitates.
Of course decorum exists in those cases but what of the majority of cases which entail serious matters; or where people are cowed by the environment; or where they are some how impaired (not by substances) …the list where representation is NEEDED is long.
Surely the system is often deliberately complex and it certainly needs simplifying but it is rather underwhelming to suggest that across the board that “… a much less complicated system of law, it would no longer be foolish to represent yourself in court.”
You make salient (moot) points but in a SERIOUS change debate you are offering simplified rhetoric as a catch all. That is NOT viable.
all cases are winnable what lawyer would tell you different…oh yeah a poor one .
When you speak of a winnable case are you referencing a civil or criminal case? Because in a criminal case, if a lawyer knows that a case is winnable so does the prosecutor, so why would the prosecutor chance wasting state time and resources on a case he or she probably knows isn’t winnable?
Lawson…again i used Worrell/government wrongful dismissal case as an example.
the man in the street knew it was not winnable, whether he was buying time to trip up Sinckler or not….he paid thousands…
but low and behold, when it was time to file with the CCJ…the same lawyer
the poor lawyer would still have his integrity, good reputation and the potential for future clients.
i wont hire or refer Worrel`s lawyer to anyone.
Dumpy….you do know US prosecutors run for elected offices right, so what do they care, the press alone solidifies and cements their future ambitions, it`s not like the money is coming out of their pockets and the next one could be the real winner.
not to mention the lengths some DAs will go to win a case, any case, regardless of who is innocent or guilty…reputations are made, plea deals are popular, even for the innocent.
Dompey, you should know all of this, you LIVE in US…
Well I guess the prosecutor does in fact operate on the assumption that all cases are winnable from the defence/defense perspective, and that is probably the fundamental reason he or she doesn’t present a case to a grand jury unless he or she thinks it is winnable or that a jury would buy?
I am well aware of the fact that the office of the state’s chief prosecutor is an elected official however, all of the other state prosecutors under him or her are appointed positions in my state. And you ought to know that the office of the state prosecutor doesn’t pay very well here, and that’s why it is important to have a winning record because most state and federal prosecutors make the best and highest paid defence/ defense attorneys here after state and federal service.
And you ought to know that most elected prosecutors in the United States have some kind of political ambition as well. Both houses of Congress are jam pack with persons whom were or have been former state and Federal prosecutors!
The lawyers and criminals alike love the present arrangement. It is heavily tilted in their favor and easily manipulated. On the other hand Judges are handsomely compensated for doing little. A win- win for both.
With about one thousand lawyers said to be licensed to operate in Barbados why is it there is only Comissiong and a few others have shown themselvs to be public spirited? Why have successive presidents of the Bar and Disciplinary Committees been unable to move things along? Why cant we fix the problems at the Registry etc etc etc?
Who gives a shit about the US courts.
Sometimes it is not necessary to have a winning record … If you can demonstrate that you are ‘tough on crime’ (code words), you can be elected year after year. Many a law officer had a long career by taking a racist stance and pursuing the innocent and guilty with a great deal of vigor.
I wish I was living in the same Utopian society you….
“Who gives a shit about the US courts.”
Statement of the day. No matter what we are discussing we draw parallels to some other big country. A distraction.
We have a Chief Justice straight outta New York, a fat lot it has done to improve the local judiciary. We have an Attorney General who cut his teeth shuffling paper in the US Virgin Islands, a fat lot of good it has done for the local judiciary.
@David, re “Who gives a shit about the US courts.”
You are obviously having a disruptive reaction to your lunch. That statement is ridiculous in every context.
References to any court system outside Bdos at a basic level is educational, persuasive and in practical terms can act as a precedent re similar Jurisprudence as ours.
There is something to be learned from any jurisdictions whether it’s merely process and procedures and not directly related to the law itself….was’t the ADR process something used heavily in the US by the same CJ which he tried to implement here.
How can anyone realistically adopt that attitude about knowledge and growth coming from a locale the size of ours….
Why post that piece about our students jetting of to that same shitty US to take part in the Robotics competition…Who gives a ‘sh**’ about Washington then !
You are too ‘educated’ to make such a paltry remark.
You always have been able to demonstrate an uncanny ability to ignore context. How is all the palaver (to borrow your word) about the US courts posted to this blog so far advance the thesis of Piece’s concern about the local court system?
I really disagree with your hypothesis that you have to be tough on crime to get elected because Rudy Giuliani was tough on crime when he was both Attorney General and Mayor of New York, and yet he was rejected by the American people when he bid for the presidency.
The question is.Our native born and bred Chief Justice is a citizen of the USA which means he is barred from swearing allegiance to a foreign power,namely Queen Elizabeth 2.How is it that he is dispensing Justice on behalf of the “Crown” namely QE2 yet he is forbidden by the Oath he swore to uphold the United States Constitution which does not recognize dual citizenship.
Context indeed David quite correct.
Piece’s essay – as is the case with EVERY essay commented on this blog – became tangential to most of the recent posts so if you are calling out mention of US courts system and context then most of the remarks by Chad (and my retorts to him) and other remarks also did not go directly to Piece’s commentary….
YET they ALL touched directly on the difficulties of managing and dealing with the legal process…which is the CONTEXT of Pieces’s remarks.
Pieces’ thoughts did not emanate in a vacuum chamber…note for EXAMPLE that he said: “I suggest a project that would (a) get de international community to underwrite a Pan Caribbean Pilot geared at….”
Yet you are making snarky remarks about outside (US) systems.
Context and a reality check I would offer.
You automatically lose your American citizenship if you swear allegiance to a
foreign Army or government, so the Chief Justice may have already lost his American citizenship if he swore allegiance to the Crown.
Gabriel, the chief justice is barred on the condition that if he swear allegiance to a foreign power he quite possibly will have to faucet his American citizenship, but there isn’t anything in the Constitution which says he cannot. I am quite sure the chief justice is well aware of this fact Gabriel.
Thank you for the welcome back hail.
I do admit that i ran to find the Sisyphus reference and yes it does seem like an endless rather repetitive task this endless return to suggest things/systems which, while they ultimately target benefits for people and improved processes, seem doomed at onset because the very beneficiaries seem bent on the existing non efficient slime.
You cant be Dougie because, in your responses above you gave a perspective that opposes Dougie’s substantive job which, given your love/hate affair with ***, suggests then that you know *** in another circumstance outside of Court and courtrooms. either by proxy or by personal experience, which did not go as you expected.
However there is the profound correctness in that statement about plaintiffs being “props” in court and i concur with you with that glaring folly in our inefficient system.
I absolutely agree with this travesty that puts a man or woman in a courtroom and demands that a “translator” called a lawyer be used to speak for that person.
Imagine the suffering that one experiences when you got the north bound end of a south bound cow as your lawyer?
Well Well and Consequences is correct when she says it is pure mental torment to be seated in the court and to have nitwits like Dougie or the skin your botsie man and **** and the rest just sit there and speak like dufuses if they speak at all, and confirm their ignorance at your expense
Golgotha on Coleridge Street.
Where does one start? to end this system of ineptitude?
It has to start somewhere with one person with balls personifying Gandalf and declaring by their actions “Thou Shalt Not Pass”
You all have ignored the biggest factor contributing to our clogged up court system: the productivity of our judges is very low. Not sure if this problem can be fixed. We might have to hire more judges and raise the court costs to pay for them.
The problem is bigger, because of years of backlog even if you were to increase the number Of judges threefold and increase working hours the backlog problem will not go away.
…i doubt very much the CJ had to forfeit anything, he is allowed dual citizenship.
all this nonsense about pledging allegiance to the old white racist hag in buckingham palace while claiming to be an independent island is only embedded in the minds of the bajan slave society.
i saw clearly the fight the CJ had on his hands to untangle the briber/corruption/disruption of the judiciary by forces within the legal system/departments, fully condoned and enabled by the same ministers who changed the constitution to import him from NY.
that is why he was imported, no matter how noble his intentions, he had no help to win that battle and was not supposed to.
but there is some light at the end of the tunnel.
I am not in the system so I will concede the point.
There are many economic and other consequences of our clogged up court system. Why do you think there is no political will to solve this problem?
The problem of the backlog in the Barbados court system is one that the Caribbean is battling, just like the inability to regulate large companies a la CLICO. Just listen and read the comments by CCJ judges about the lengthy wait times the local bench takes to hand down decisions. Should our legal professional be embarrassed and yearn to do better you think? Barbados however appears to be behind the other countries in the region as far as ranking in court efficiency.
Like many of the problems we are currently facing it is about finding a way to exert good leadership cum good management and well designed systems. And very important – allocate adequate resources.
All of the above will be achieve if we find a way to dismantle the political structures that continue to suffocate the judicial system.
@ Ole Baje
That is perhaps central to the simplistic suggestion that I am making above.
(a) one is able to get a system that will hire competent non biased outsiders and
(b) get them to effect the decisions/determinations required on the cases under their purview,
among the outcomes anticipated would be
(a) less clogging up of the systems
(b) the creation of a spotlight on those who have consistently contributed to the clogging and
(c) the retirement of/firing of/demiting from office of the stragglers-on, the non productive and commensurate lessening of the court costs to pay them.
We may have to pay their pensions but look at the savings to their active salaries as well as the costs to the nation and the plaintiffs and people thusly affected.
You feel that a feller should have to wait 7 years on a decision on a court case against say for example CGI or any other insurance company not paying the insurance money to the estate of an insured person who, though a paid up insuree, now finds the deceased’s estate denied those insurance proceeds because of some crafty lawyers and a colluding or non productive judge?
The metrics will show up the stragglers on WHO WE WILL FIRE and we will keep (best of) the rest
If we had a FOIA, university students or journalists could do an analysis of the backlog as you suggested and make their findings public. That would certainly stir up some shit. And might help to unblock the toilet.
I have read that the federal immigration court system has a backlog of 500,000 pending cases, and the solution implemented to addressed the backlog was to hire 34 more judges to join the already 277 on the court.
Excellent point….How has the knowledge of the US court system helped us with a CJ straight from that same system…..zero.
We have a archaic system that allows us to get away with our disease….implementation deficit disorder.
An example….last week this 22 year old case was due for its completion,the date was set by the Magistrate…..lo and behold on the day in question the clerk informs the parties that the Magistrate is on vacation and no new date has been set.
The system needs to get simple things right like ensuring that all holidays will be taken only at a period when no case will be affected and that work by all parties must commence by 8.15 and end at 4.30 with an hour for lunch.
A can do regimented system must come back in force……you will be surprised to see the backlog disappears in a hurry.
Let us describe the problem of the court this way. The runoff of cases is less than the case files being added. We have increase traffic cases to use one example. You see, the problem of the backlog is not fixed to the court sphere. There are decisions we can take to reduce the number of new court cases. Our decision makers continue to fail us.
The mounting traffic cases is a perfect example of IDD,as the majority can be solved by the automatic fine as practiced in western countries.
Automatic fines does not in anywhere indicate that you cannot contest your traffic infraction in court rather than mailing in the fine. Most often it makes better sense to contest the traffic infraction in court because nine times out of ten the police officer doesn’t show up and the judge lessen the fine or the points awarded to your driver license.
Why not hire part time judges to take the place of the sitting judges when on holiday, or Barbados is much too prestigious for that?
Good first point and we will cross the second bridge when its put in place.
I think using the example of running for president makes the argument wider than what we were discussing….
I Know it is a good point because I have lived it…this ain’t no cake walk here in this country. You ever hear that saying if you could make it in New York you could make it anywhere? Well you really don’t know what life really entails until you live in this Hell Hole brother.
I still concur with the statement ‘Who gives ….”
It is the habit of a few that regardless of what you are discussing they throw the US into the mix. Some of our problems are quite different from those in the US, but we end up drawing parallels or trying to find a “US based” solution.
As was pointed out, hiring folks from the US does not always lead to a solution.
What is wrong with drawing from the treasure-chest of knowledge and proven ideas the US has to offer places like Barbados? Don’t be a fool brother because some of the most brilliant minds live in this place because this place draws from the best and brightest the world have/ has to offer.
I don’t think I did but you are entitled to your view no matter how wrong I think you are regarding former prosecutors here using elected office to further their political ambitions.
You have posted about 15 comments to this blog so far, point to one that constructively engages the topic.
I thought I brought to this discussion examples of how to address the current backlog of cases in Barbados by drawing from the solutions implemented by the US immigration court to alleviate the problem of backlog in that court? I thought I said the court solution to addressed the some 500,000 pending cases was to hire and additional 27 Judges?
Please send Jeff a message asking him to weigh in. I would love to hear him address the causes and solutions.
Chuckle…..you know nothing about me……hell is what you create.
So if NY is a hell hole ..why did you CHOOSE to leave paradise to live there?
…or were you just running from the ‘dance house’ in Bush hall?
Why would any sane person give a sh** about the US courts?
What aspect of their operations have been exemplary?
What would a BLACK person possibly want to emulate from the US courts?
Bushie thinks that Dompey and Dribbles are fully assimilated albino-centric converts… It is now only for them to follow Michael Jackson and bleach….
BTW @ David
Where in the world is Georgie Porgie? Is this not a bit long that we have not been blessed with his feeble exegeses? Bushie is getting a little nostalgic about the good old day of cussing GP and Zoe…
Methinks, the difference between the legal profession and all others is the issue of DELAY.
Every profession has timelines to deal with, but none of them seek DELAY like the legal profession, largely because most of them do not get paid UNTIL they perform. For lawyers, DELAY is an act of performance. (Unless you are Cottle Catford dealing with the Kingsland file)
Hence I conclude the fault lies with the judges who grant these delays?
If it became known the case WILL BE HEARD on the appointed date, things would change quickly.
Federal immigration cases are very complex matters, hence the understandable delays, there can be no correlation drawn between those and the idiocy practiced in Bim.
…. from what I saw, most of the cases in Barbados are straight forward, no complexity whatever, the delays are maliciously implemented by lawyers to draw on frees for decades, or create delays for insurance companies to avoid paying compensation….in the hope that the claimants would die, so as to reduce the pay out amount….or pay nothing at all..
I understand any case that involves the attorney general’s office lasts up to 28 years or more, in the nurse’s case 35 years, I doubt hers has been fully completed….the case with Ram a defamation case with her dead chickens, still ongoing over 30 years later, I am sure most of the lawyers and judges have died and the latest lawyers will croak before the case is completed.
That makes no sense, maybe it does to the greedy lawyers drawing down fees and passing the cases on from lawyer to lawyer decade after decade….those types of degenerate lawyers should be run out of business.
The judges do have to take control of their court rooms and put a complete end to lawyers playing games with court dates….that would cut delays by half and shave years off the malicious intent.
I know of a few cases should have been completed 2 or 3 years ago, but CGI Insurance is praying that the senior citizens would up and die, the problem with that is some people are tough and may bury them, their advisors, their directors and their lawyers first., one by one…lol
Again, de ole man riseth to make a suggestion.
Which local community based NGO or CSO (civil society organisation) has the accreditation to approach the IDB or the EU for a grant to develop an Advocacy Repository in support of good governance?
I know that naming just one is going to be have but…
What if the grant was specifically to create a platform whose express purpose would be to
(a) list all legal matters that a plaintiff has before the courts?
(b) give the case number and date of submission
(c) give a brief summary of the matter
(d) give authorization of the parties with a locus in the matter to upload their matters ONLINE
(e) name the lawyers involved in the matter
(f) give the agreed costs of the matter
(g) provide a list of dates of the fees paid to said lawyers
A Jenny Craig List for the Legal Profession with the intent of making all of them accountable
The mere fact that a lawyer thusly listed as being part of a proceeding that is dated 5 years would make him or her a person that the public would, post searching the plaform, be wary of engaging their services.
While it is true that one cannot malign or defame or libel the purported 800 ambulance chasers, the thing that would happen is an organic realignment of these demigods to becoming the servants of the people.
This is what true E-Governance entails ACCOUNTABILITY
It is not rocket science, efiling to avoid the predicable ‘missing’ file is one example how we could speed up the delivery of justice.
Prior to CJ Gibson’s efforts, “the missing” file was a regular occurrence, the banks and insurance companies were famous for paying bribes to employees of the court to disappear files, Justice Gibson must be given some credit for putting an end to that nasty scam.
It’s not easy for court employees to sell people’s files anymore.
I beg to suggest that it is much more that “E-Filing” honourable blogmaster.
It HAS TO BE via an independent mechanism that guarantees that AS IS HAPPENING NOW WITH THE WASTE FOOP PLATFORM OF THE NIS, where the MySAP platform can now be sabotaged on the fly by “internal operatives” it must obtain that there is a mechanism that is external to the crookery or you wasting your time.
This is like Elliot Ness and the G-Men who, while part of the government, were men of integrity, and did not take bribes from Nitty and Luciano.
You see ammmmmm Butch Stewart giving the GoB access to his books? no siree you does get an excerpt as where the venn diagram overlap is, that is where you are privvy to Butch’s operations.
And since it is purported that Butch is doing double accounting what is being recommended here is to establish a third virtual estate which keeps the records of the citizen and also has the mandate of the government to act in the way that the purprted drunkard and Ombudsman Valton Benn is suppposed to be acting.
Nor sir, this is not as simple as “e-filing”
Was used as an ONE example. Note the filing setup it regarded to be more efficient in the High Court compared to lower court.
Internally it would (seem to) be more efficient but they are externally perceived and realized to be lax and unproductive.
A workflow diagram would best describe and conify where the shortcomings are in the system.
What I am speaking to is how does a seemingly impotent public enforce accountability?
Unlike the hypothetical submission of my colleague Vincent, what I am speaking of is how a process with its verifiable elements WILL BE THE CATALYST TO DRIVE DEM LAWYERS WHO LIKE TO STRETCH OUT LEGAL MATTERS for profit!
So I file a case against a man who f up my house under the guise of being a contractor.
I get one of them lawyers dat you have de carousel running about up to the right of this blog and they tek my money and refuse to give me any date in court and telling me shy*e bout how “de registrar ent giving them no date because of all the new rules”
What i am speaking about is a Better Business Report that lists the name of that lawyer and gives a simple report about the number of cases managed (For which their are public records) and the amount of time he does tek.
In time we can expand the score card to include his successes and failures BUT you understand my point about enforcing accountibility dont you?
Understood, accountability will always be the challenging variable to manage on a tiny island. The elephant in the room remains the political class.
Let us look at the HYATT case as a current example. The case has slipped down the calendar a couple times, one reason offered -judge was on holiday.
Got a lot of work to do to get there.
One lawyer recently swore to a judge that he forgot the next court date….that is despite all law firms receive a calender of dates from the supreme court on a weekly basis…..
…despite the weekly court calendar being posted on the INTERNET, the court’s website.
……he claimed did not write the date down in his diary, although the whole court room SAW him write the date in his diary, was not ready for trial, did not even walk with a piece of paper, after the court had to contact him to ask where he was….in total disrespect of everyone in the courtroom…..thankfully, he was punished.
Apparently he only checks for the important cases, not the ones where insurance companies have to pay out money….because the money is supposed to be going to him.
Apparently he has gotten away with that deceit and disrespect many times before, because his actions were apparently protected, but not anymore.
I sincerely hope that neither Leslie Haynes nor any of his lawyers are ever made judges in Barbados, it would be a gross insult to taxpayers and the court process.
@ The Honourable Blogmaster,
Google has a calendaring feature which is a groupware platform i.e. it is for enterprises.
Any 4th form IT student at Harsun College can create an app which would
(a) permit centralized calendaring
(b) which would auto-check all availability for all participants in this case the judge’s pending holidays and the lawyers’ disposition to forget
(c) send you and email, an SMS, a voice note, an alarm and in a few years, a virtual secretary via the airwaves who will wake up a feller with a slow kiss and maybe a qu****ie.
You have a widget installed on the BU blog that, if enabled, gives a running chronicle of each time a fellow comments, who commented/liked him/her, follows, hates etc.
Whuloss man this is not rocket science the technology is there.
This only takes men with balls and women with fortitude instead of women with balls and men afflicted with moral decrepitude.
But what we got is bukvunts who get paid millions of dollars under the Jurisprudence programme to ef up a calendar but lest we forget their predecessors who after de prison bun down was did get one build back under a BOLT which de second Attorney General one Failed Marshall ent even know which currency de contract was awarded in doah it is purported dat ammmmmmm well dat de overage in currency get deposit ammmmmmmmm….
de keyboard stick so de ole man cant type no mo’
The issue is when he judge decides he is going on holiday anyway i.e. unplanned.
I am vibrating with energy to post more, but gotta wait.
well sometime people will have unforeseen circumstances, unplanned incidents and of course the greatest arbiter of all DEATH as such a one of the legal fraternity recently encountered.
If Come Song A Long was a serious fellow what he would have done was to mount a second campaign, THROUGH A PROXY OF COURSE, that would decry said judge and highlight the mokery of the court system.
Then Come A Long would have gotten that proxy to use whatsapp or Twillio to send a berriffle of SMS texts to all the telephone numbers dat Alex carry way wid he when he left de Lemon place
De same telephone dbf dat he is purported to have given to Mugabe and which she plans to use in the General Elections heheheheheeheh
Piece of the rock,
Be careful. A few years ago a friend of a friend who worked for the Hansard Society suggested that they had some money to promote women’s involvement in politics.
I mentioned it to the late Sir Richie Haynes who suggested an organisation and woman I should approach about it, which I duly did.
I explained to her what they were looking for and suggested she should draft an application and send it to me and I would pass it on.
Predictably, as is the Bajan style, she cut all contact with me. In later met her at Gatwick Airport in the company of a minister and permanent secretary and the subject was carefully avoided. My friend’s friend was too professional to discuss the matter with me.
@ Mr Hal Austin.
Your point is duly noted and de ole man would not bore you wid any stories in that similar vein of people who being devoid of any ideas, will come to your house while you sleeping to teif your dreams or (in de ole man case) wait till you lef um to come and search for tings dem heheheheheheheh.
I have grown to accept these lesser mortals, it is par for the course.
They lack self confidence and rightfully so and I will tell you something Mr. Austin, what she, and all persons like that woman of whom you speak will do is to actively bad talk you sir.
You are hated because you are the source of the idea and they fear that you will mention it in circles where they will loose their “currency”
Unfortunately de ole man is not possessed with those noble qualities like you and will not go quietly into the night.
I come from the strain of “it shall neither be mine or thine” and I would have met she in Gatwick and when I done buze she she would slink out of Gatwick like the snake dat she is.
Dem does stand clear uh de ole man lest Remembrance of $236 owed from an outing in Costa Rica surfaces paid for a feller but never repaid, as promised.
…i will let you know the fallout from that passing..
i wonder if any of them learned a lesson, probably not, their heads are that hard…
…the men should have spent the last 20 years of their lives, seeking regular tests for and taking better care of their prostates instead of using and selling their vast legal knowledge to criminals who own and manage insurance companies….
….advising these criminals how to legally disrupt court processes with delays to compromise injured people`s cases, their health and survival….by avoiding paying compensation.
The LAW exists as a means of control by those empowered politically, financially, socially. Any attempt to get results out of the local judiciary that runs counter to the control objective can only succeed with a recognition that the occupants of the seats in the judicial system are functionaries first and foremost. Codification of expected outcomes will go a long way towards erasing the backlog. So the writer in this piece wants the backlog erased but in the usual bajan way starts looking for exemptions in hard cases. If for example, one adjournment per party is codified, and your mother’s funeral is on the calendared date. Tough. Timely move to court on notice to all parties or you lose. Simple. Judges who do NOT deliver decisions in 60 days are sanctioned. I know this is a talk shop, but all the talk about foreign experts and throwing other people’s money at the problem, is just that, talk and name dropping, which apparently moves this poster. There are few complex cases on the island and the writer should look at the timing of the trial and appeals’ court decision in the Ansa MaCal/Ambev matter to see the capacity of the judiciary to render prompt judgments. On the other hand, look at the treatment of Davis, J (acting) post trial decision in the Gatherer v Gomez matter, to see the capacity of social pressures on the island’s judiciary. Finally, in looking for local solutions, look at Douglas CJ, who would, I am told, swear two juries contemporaneously for disparate matters and the second jury worked during periods of lull (for want of a better word) with the first jury. Fancy Apps and Rules are only as good as the ability of the functionary to withstand social pressure. Empowered functionaries, buttressed by rules of transparency and freedom of information, together with the understanding that every piece of paper filed in the Registry belongs to the people will go a long way towards erasing the backlog.
Ahhhhhh a man with a sword at last.
First of all you do fancy apps a serious disservice when you understand that
Further I would say that you confirm your “skin in the game”and some profound ignorance when in the face of a fancy app called facebook worth US$27.8 BILLION, you ,in the face of all the inefficiencies in our local system, can utter such a remark.
One can go online and incorporate a US company in one hour while wunna fellers around here take 3 months and more.
One feller took so freaking long that when he was required to make a judgement he was forced to recuse himself when he recognised that he had incorporated the very company he was to rule but had forgotten.
Similarly speaking such obtains with a another judge but time shall tell how that plays out.
Secondly, de ole man is no slouch as it relates to the pipelining of National Indicative Projects and the ability to fashion a tool to address these beleagured systems to enforce accountability among the brotherhood of the rose
The apps purely buttress and ENFORCE AN ENVIRONMENT where the citizens’ rights are upheld and, according to you, we are further able ensure that “… the judiciary (to) renders prompt judgments.”
So let me explain how the dynamic of the Fancy App which was introduced and appended much later in the “talk shop”overides your perspective and underscores the impact of Fancy Apps notwithstanding your point about codification et al.
One understands that there will be customary and unplanned hiccups in the system based on “unforeseen circumstances” but the collusion which obtains in an among wunna fellows, that is now genetic, is what the fancy apps will address.
This fancy app DOES NOT REALLY CARE ABOUT WHAT GOES ON IN THE BACKGROUND,
The Intake mechanism makes public ALL matters that a party, or parties, to the matter wish to make public and which by law they are entitled to do.
After the item is so listed, any member of the public seeking to review your lawerly skills, only has to do a boolean search that qualifies (a) length of time one of wunna keeps a matter stretched out, (b) the hours which will auto compute, (24 hours still make a day and seven days still make a week) and (c) if you is a lawyer I looking to hire and you clocking 10 years average with legal matters well sir, your ass is grass cause this is the report that the system is going to generate.
And before you go off to make the point about the deleterious reports that the Fancy Apps will be reporting, one wonders what you going sue the Consumers Virtual Ombudsman for?
Because it reports that a lawyer is a lazy slease? Come now.
The dynamic that will drive the lawyers, irrespective of the administrative internal issues of which you speak, will be the metric that the VR reports on dispassionately.
And dont ever mind the names here my man. Every name dropped got an electronic file associated wid um and de ole man can back up all de “name dropping” be it purported or otherwise.
Now that you comprehend the dynamic that drives the Fancy Apps be it known that the sub-modules of the platform which form the initial topic submitted here is solely a teaser.
That does propose outsourcing “denuded outstanding legal matters” for which you concur there is a substantive backlog.
Transfer those matters to other (commonwealth) jurisdictions where there are people who want to work, and a corps of qualified persons to complete the languishing cycles for those matters that need decisions.
But you do know that you stand accused of “similar name dropping” insofar as you have come here to demonstrate your extensive knowledge of the law.
It becomes obvious who you are and why you came heheheheheheheheh.
But before I send you off to lick these wounds, let me share this with you.
I declared at onset with this submission that I was not a laywer but, and here is the thing sir, when real luminaries like Jeff Cumberbatch or Caswell Franklyn come here to discourse in this “talk shop” they come and they seek to educate us the ingrunt masses of the nuances of the law.
You cite Ansal Mcall and its peculiarities, and a number of other matters, greek to many of us “talk shop” characters is precisely the same thing that one of the bloggers above spoke to.
When wunna goes to court wunna does be talking in highfalluting Latin and refusing to explain anything cause (a) either wunna ent know shyte bout what you talking (b) do not think that you should deign to discuss anything with we talk shop people or (c) get a 2 inch erection on this type of power game.
Either which way, people like you should be banned from BU because by your very explanation here at 12.10, you confirm why there must be a change in this system to ensures that people like you, in your pomp and ceremony, feel dat citing big cases here and hinting at dese tings legal “IS NOT FOR US PLEBIANS”
A Classic Mugabe strategy heheheheheheheheh
Piece…ya got a funeral to attend…walk with ya camera.
Barbados is like a teenager learning to drive with Daddy’s aging Rolls Royce.
I have tried to make the case here that we have a very elaborate legal system invented by the British for the British Empire which offers unnecessary precision and complexity for resolving disputes in a tiny island.
We can’t. afford the system, or the highly paid professionals who try to run it. In fact, even our British overlords and their Canadian and Australian cousins are struggling with the financial burdens imposed by this system. So why are we talking about a patchwork of reforms? Do we need some gunslingers to make the point that the system must be overthrown?
They do need to remodel the tiny court system to fit….instead of the convoluted unworkable nonsense that now exists.
Lashley crawls out of his hole, only now there is another death.
Someone pointed out to me that smart judges are saying clients should sue lawyers for this type of idiotic misrepresentation and for not turning up for cases.
These are the waste of time cases lawyers and QCs waste their client’s money pursuing in Barbados, and Dottin the dummy, a lawyer himself, files a wrongful dismissal case against government….then proceeds to RESIGN his post, thinking onky of the good pension….then takes the case to appeal….although he resigned…and that is what passes for lawyers in Barbados…a gaggle of complete money chasers and idiots…lol
I wont want Haynes pr Mottley representing me in anything, the CCJ gave them all a dressing down, sorry the lawyers werent ordered to pay heavy costs for wasting the court’s time as well..
“CCJ throws out appeal by retired top cop
Added by Kaymar Jordan on July 19, 2017.
Saved under Court, Local News
The Trinidad-based Caribbean Court of Justice (CCJ) has dismissed a case brought by former Commissioner of Police Darwin Dottin, challenging his removal from the post four years ago.
After hearing the former top cop’s application last Friday, the CCJ, this country’s highest court of appeal, handed down its decision yesterday, saying the legal appeal filed after Dottin’s official retirement last November was “without practical merit”.
Dottin was also ordered to pay $6,667 in costs to the Police Service Commission.
And with his substantive case still to be heard in the local High Court, the CCJ also chastised the former police chief and his legal team, led by Queen’s Counsel Elliott Mottley in partnership with Queen’s Counsel Leslie Haynes, for seemingly “bypassing the views of the High Court and Court of Appeal”, and attempting to have the CCJ “usurp the role of those courts”.
In fact, they were told in no uncertain terms that they could not “avoid due process under the Barbados judicial system and come directly to this Court”.
As I and others have been pointing out consistently on BU. …most senior lawyers, their junior attorneys and many lawyers have NO RESPECT for the courts in Barbados….none.
Leslie Haynes and his clients are famous for blatantly disrespecting and ignoring local courts, judges decisions, plaintiff’s attorneys and their clients. ..
I am so glad the CJJ has highlighted that disrespect for Barbados’ court process by local lawyers, who should know better, but just dont care..
Piece…our repeated complaints have not gone in vain.
The chief justice must fully change their attitudes by directing judges to order heavy penalities…costs…more often, everytime they show their force of disrespect to the courts, their own clients, opposing attorneys and their clients..
That will go a long way in cleaning up their nasty, disrespectful attitudes.
I am so glad the CCJ has highlighted that disrespect for Barbados’ court process by local lawyers, who should know better, but just dont care..
How can someone be prosecuted, and convicted, for calling a Senator a ‘dog’? Does the same alleged offence apply if s/he were to call an ordinary member of the public a dog, or a puppy, or an alsatian?
This is a further example of the clear abuse of the criminal justice system in Barbados (in this case by a politician), and the criminalisation of ordinary working people. The entire system needs an overhaul.