The Court System – A Proposal to Address its Inefficiencies and Purported "Collusions

Submitted by Pieceuhderockyeahright

Where is justice in the Barbados Courts?

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

  1. Input and Denuding
  2. HR Enrolments and Metrics
  3. Content Dissemination and Decisions
  4. 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.”


  • Dompey…
    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…


  • NorthernObserver

    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.


  • Well Well & Consequences Observing Blogger

    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.


  • Well Well & Consequences Observing Blogger

    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.


  • Well Well & Consequences Observing Blogger

    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.



    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.


  • @ 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.


  • Well Well & Consequences Observing Blogger

    I am vibrating with energy to post more, but gotta wait.

    Lol……. Piece


  • oh ok.

    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.


  • Well Well @ Consequences Observing Blogger

    …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.

    KARMA rocks.


  • 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.


    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


  • Well Well @ Consequences Observing Blogger

    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?


  • Well Well & Consequences Observing Blogger

    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.


  • Well Well & Consequences Observing Blogger

    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”.


  • Well Well & Consequences Observing Blogger

    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.


  • Well Well & Consequences Observing Blogger

    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.


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