The Jeff Cumberbatch Column – Bearing False Witness

Cost-u-Less promoted Back Friday in Barbados.

Thou shalt not bear false witness against thy neighbourExodus 20:16

And so, the seemingly daily revelations continue. Sometimes, against the most unlikely perpetrators, if one were to judge from their current image as it is portrayed on the screen, big or small, or in other public media. I am referring of course to the allegations of past sexual misconduct ranging from harassment to sexual assault that appear to provide continuous and ample fodder for the daily newsfeeds. Interestingly enough, the phenomenon appears not to have caught on as yet in the region or locally. This is mildly surprising, given our penchant for mimicry of cosmopolitan cultural mores. For instance, we have no compunction in celebrating last week a Black Friday of consumption, even though there is here no necessary prelude of Thanksgiving, and we glibly observe Halloween without the earnestness of the following All Saints Day. But I digress.

My inquiry today relates to the eventuality of any of these accusations being found to baseless. It bears reminder that in most of the cases so far, the accused has managed to express regret for his alleged misconduct and made apology therefor, although in a very few cases bizarrely expressing no recollection of the incident(s).

As has been seen, the allegation, whether admitted or not, appears inevitably to result in a consequence of loss of goodwill for the accused entailing the termination of contractual relations, loss of endorsements and general obloquy. Sexual misconduct is a very serious allegation and the dire consequences appear to bear no relation to the truth of the matter. The mere allegation appears to suffice in some cases.

Of course, if it should be discovered that the allegation is untrue, then the imposition of any of the consequences itemized above would be most unfair. To avoid this calamity, legislatures that seek to prohibit this form misconduct have generally been lobbied to provide an appropriate sanction for accusations that have been falsely made. Barbados is no exception. In its recently created statute, the Employment Sexual Harassment (Prevention) Act 2017, section 28, marginally noted as “Penalty for making false complaint”, provides as follows:

A person who makes a false complaint of sexual harassment against another person is guilty of an offence and is liable on summary conviction to a fine of $10 000 or to imprisonment for a term of 2 years or to both.

So too does Belize in its Protection against Sexual Harassment Act 1996, where, according to section 21:

Any person who makes any false, vexatious or frivolous complaint against another person for an alleged contravention of any provision of this Act shall be guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars, or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.

The clear dissuasiveness of the criminal sanction, especially in Barbados, should serve to ensure the making of all but the more provable complaints but, at the same time, it may also serve to maintain the culture of silence that existed hitherto and that might account for the current spate of accusations for misdeeds that would have occurred at a time when the culture connived to turn a blind eye to such misconduct.

One suggestion in this regard might be to approximate the criminal liability in this instance to the liability that would inure if the accuser were sued for defamation. That a false accusation of sexual harassment is grossly defamatory of the accused is impatient of argument but, provided the complaint is made to a competent authority in order to seek redress, such an accusation would have been made on an occasion of qualified privilege, thus rendering the accuser immune from liability for defamation. This is made clear in the dicta of Lord Diplock of the House of Lords, then Britain’s highest court, in Horrocks v Lowe (1974):

…as a general rule English law gives effect to the ninth commandment that a man shall not speak evil falsely of his neighbour. It supplies a temporal sanction: if he cannot prove that defamatory matter which he published was true, he is liable in damages to whomever he has defamed…The public interest that the law should provide an effective means whereby a man can vindicate his reputation against calumny has nevertheless to be accommodated to the competing public interest in permitting men to communicate frankly and freely with one another about matters in respect of which the law recognises that they have a duty to perform or an interest to protect in doing so. What is published in good faith on matters of these kinds is published on a privileged occasion. It is not actionable even though it be defamatory and turns out to be untrue. [Emphasis added]

However, it should be noted that the privilege of the occasion in this case would not be absolute and is liable to be defeated by proof, inter alia, that the occasion is being misused for a purpose other than that for which the privilege was intended or is otherwise affected by malice. According to the learned Law lord,

…It is lost if the occasion which gives rise to it is misused. For in all cases of qualified privilege there is some special reason of public policy why the law accords immunity from suit – the existence of some public or private duty, whether legal or moral, on the part of the maker of the defamatory statement which justifies his communicating it or of some interest of his own which he is entitled to protect by doing so. If he uses the occasion for some other reason he loses the protection of the privilege.

Although it might appear to be rather bad form to have to amend an Act of parliament so soon after its passage, I am of the considered view that the section should penalize accusations that are made maliciously only. Thus, so long as the claimant honestly believes that the event amounted to such as to justify an accusation of sexual harassment, he or she should not be held criminally liable except on proof of malicious intent.

159 comments

  • Well Well & Cut N' Paste At Your Service

    Just face it, the overused, tired colonial blue print has run its course, evil in the 500 year old form as we know it is dead and so are those still clinging to it….

    .,,,..nothing anyone does will revive it, the rein of terror on the earth’s people is over…just as dead as those waiting to be buried, who have no other legacy to leave behind except their stench of mischief…which will be destroyed long before they themselves are forced off the earth…

    But Dr. Simple…what a thing.

    .

    Like

  • Well Well & Cut N' Paste At Your Service

    Simple math escape demons….and they were actually aspiring to be successful massas and slavemasters….

    ….oh lordee..lol, hahaha. .lol

    Like

  • This is for the readers….

    1817 was the date of the census used….Google the date for the cessation of the slave trade and then somebody tell the blithering mathematical genius that 200 million slaves could not have been imported.

    Note I said slave trade as opposed to abolition…..but the topsy and sidekicks will still get it wrong.

    Like

  • Well Well @ Cut and Paste @ Your Service

    do you know what….give or take means……..

    Like

  • Readers

    I rest my case……look at that pathetic back down from the blithering idiot in chief.

    Like

  • In 1817, there were approximately 77,000 slaves in Barbados.

    Of these, about 6 % were coloured, that means about 94% were black.

    There were about 15,000 free people, some of them were coloured ….. black as well, but the majority was white.

    The population in Barbados was about 92,000.

    So, about 80% of the total population was black.

    That means about 20% was white, or coloured.

    If you go back to the 1600’s, the percentage of black people Barbados was of course far smaller!!

    Simple arithmetic … no math involved … too simple to use math!!!!

    Like

  • Simple logic dictates that if the ratio of mixed ancestry Bajans approaches 100% then it follows that most of the mixing happened after emancipation!!

    I won’t give you my reasoning as to why, better to take this in baby steps!!!

    Like

  • Another number to bear in mind is 800,000, less than a million.

    That was the number of slaves in the entire British Empire who were freed in 1834.

    Like

  • Since when has simple and logic resonated with that bunch led by the mathematical genius?

    Like

  • Theo of 100 wives

    Some estimate that as many as 20 million blacks were stolen from Africa and brought to the Americas. It should be pointed out that at one stage Barbados was a transshipment point with ships first coming to Barbados and afterwards heading to the ‘then’ lesser important colonies.

    http://www.bbc.co.uk/history/british/empire_seapower/barbados_01.shtml

    Study the numbers in the link and see that the portion of blacks had increased from 3 % in 1629 to 79% in 1786. As slavery and the slave trade was still ongoing, this 79% was not a maximum as the twistorians suggested.

    Why do these two demons try to miscount blacks.

    Like

  • Theo of 100 wives

    In the US alone, there were more than 3 million slaves.
    “The total population included 3,953,761 slaves, representing 12.6% of the total population. By the time the 1860 census returns were ready for tabulation, the nation was sinking into the American Civil War”

    How do you ignore those 3 million suffering people.

    Like

  • Hahaha……we talking 1817 and BIM census for that year vis a vis the reason for the extrapolation to mix that Bimmers possess.

    Where ignorance is bliss……tis folly be wise…….bunch of clowns.

    Like

  • Theo of 100 wives

    Let’s not try to describe the extent of slavery by limiting it to just a parish/village/house in Barbados. That would be a fraudulent accounting of this horrendous crime. Let’s tell the story of the Americas….

    How come we are always referring to the US but wish to conveniently ignore it to make wicked points.

    Get thee behind me, satans.

    Like

  • Theo of 100 wives

    But I have shown you we had 79% in 1789. Pleas show me your numbers for 1817.
    It is wicked to lie.

    Like

  • Readers

    Again I rest my case…..look at the tripe offered…..even the head honcho refuse to touch it again…..

    Like

  • Readers

    Looks like he cant read Johns post and understand the figures…..he can google the census for 1817 for Bim…not america….. and confirm.

    I can forgive the topsy as it is a non Bimmer….but this excresence is a product of Bim, writing what GP told him already is bovine excrement.

    Like

  • Well Well @ Cut and Paste @ Your Service

    Theo….these are the 2 dumbest wannabe, historians/massas/slave masters to date……

    …..the Caribbean ALONE….has 39 million…give or take, predominantly African descended people…who are the majority population in most of the islands….outside of the latino populated islands….Haiti got 10 million African descendants ….

    39 million African descendants…is in keeping with the original tribe sizes of the African continent…i dont even want to know how these 2 clowns think the African descended Caribbean reached that population size from the 1700s and ARE STILL PREDOMINANTLY AFRICAN.

    according to UN statistics…25 to 30 million slaves were taken from Africa and distributed around the Americas…with Barbados the most popular transhipment point…

    ya cannot spoon feed fools…ya just gotta go with the truth and documented facts.

    Like

  • Theo of 100 wives

    The 80% of John in 1817 is a lie. But you know the island has become more mixed over time with through migration and racial mixing and such a low number gives credence to your pelau Barbados.

    It is a majority black country…

    You are like a pot-hound, just barking and running.

    Like

  • Chuckle……two prize buffoons with a total lack of comprehension of what they read……ah well children continue playing in your dream world……nite nite.

    Like

  • Well Well @ Cut and Paste @ Your Service

    lol…bote de marihuana persiguiendo basura.

    Like

  • Theo of 100 wives

    Will disengage. John spew his garbage and ran. Pot-hound just running and barking and saying nothing.

    Disengaged. The field is your POS- pelau of Saba or is it Curacao

    Like

  • Well Well @ Cut and Paste @ Your Service

    and this is what will always kill them…cant get away from it..lol

    ah wont even put quotations

    Race. The population of Barbados is predominantly black (92.4%)

    or mixed (3.1%).

    2.7% of the population is white

    and 1.3% South Asian.

    The remaining 0.4% of the population includes East Asians (0.1%) and Middle Easterners (0.1%).

    Like

  • Well Well @ Cut and Paste @ Your Service

    Curacao….predominantly black island very tiny, part of the ABC islands….with 4 or five tribes of Africa intermingled in the population and African dialects still dominate the language with Dutch, Spanish and papiamento portugese embedded……and he cant explain none ah that, but he want to rewrite Bjan history.

    Like

  • Well Well @ Cut and Paste @ Your Service

    many of the frauds on the blog dont want to see the truth posted, they want to live on fantasy island and drag other people into their fraud life with them.

    Afro-Curaçaoan

    Papiamentu • Dutch • Spanish • English

    Afro-Dutch • Afro-Aruban

    An Afro-Curaçaoan is a person from the island of Curaçao of African descent.

    They make up the majority of Curaçao’s population.

    Most enslaved Africans came from Ghana (15,000 slaves came from this place. Many of them were Ashantis[1]).

    The rest of the slaves were imported from Senegambia (over 2,000 slaves),

    Sierra Leone (only 669 slaves came from here), the Windward Coast (542 slaves),

    Bight of Benin (over 37,000 slaves),

    the Bight of Biafra (over 1,000 slaves),

    Angola (specifically Loangos from Cabinda Province.[1] More than 38,000 Central African slaves were exported to Curaçao) and “other” places in Africa (3,268 slaves).[2]

    Like

  • Well Well @ Cut and Paste @ Your Service

    ya cant run away from yourself…..

    Like

  • Theo of 100 wives November 28, 2017 at 7:31 PM #
    But I have shown you we had 79% in 1789. Pleas show me your numbers for 1817.
    It is wicked to lie.
    +++++++++++++++++++++++++++++++++++++++++++++++++

    Go look at Schomburgk’s reference to the 1817 return, it actually gives the age ranges and the total number of slaves in Barbados!!!

    Been there, done that ever since on BU …. John October 21, 2017 at 8:15 PM #

    Here are the ranges

    Under 1, 2600
    1 to 10, 20,389
    11 to 20, 16, 669
    21 to 30, 14, 534
    31 to 40, 10,561
    41 to 50, 6,653
    51 to 60, 3,614
    61 to 70, 1,541
    71 to 80, 544
    81 to 90, 132
    91 to 100, 19
    101 to 114, 7

    Total 77,273.

    Look at the returns for each of the 6000 or so slave owners and reckon the number of slaves classified as “black” and “coloured” and “African” in 1817.

    Been there, done that!!!

    No lie!!!

    If you want to check behind me go to the site on the returns.

    https://search.ancestry.co.uk/search/db.aspx?dbid=1129

    Some of the slave owners, about 600, were classified as Free Negroes or Free Mulattoes.

    Neat thing is you can get the returns for every 3 years up to 1834. ie, 1820, 1823, 1826, 1829, 1832 and 1834.

    And if you are up to it you can compute the number of “black” slaves for each year, except 1834!!

    So, let me ask you a couple of simple questions.

    What was the slave population in 1789 or 1786 in Barbados?

    What was the total population of Barbados?

    Like

  • So, what you are saying is that in 1786 the black population was about 62,000 and the white population was about 16,000.

    My bet is your source is assuming all slaves were black and all free people were white.

    That would mean there was absolutely no mixing.

    The whole narrative of white planters having relations with black slaves would collapse because your source does not acknowledge the existence of coloured people!

    I trust my source because it acknowledges the existence of mixing!!

    Like

  • Oh boy…..the truth hurts.

    Topsy….I don’t mind you as you know no better…..but dah likle boy mekkin noise instead of being edicated on the facts of BIM is a real moojin peeping up behind yuh all de time……an getin he RH cut all de time juss like de uder one bt.

    Like

  • Theo of 100 wives

    @John
    Glad you came back and took to the field. Your little boy was just making random noises.

    Please look at the link which gives the population in terms of number of whites and blacks in 1629, 1643, 1684, 1724 and 1786 {16,167 vs. 62,115(79%)}.

    http://www.bbc.co.uk/history/british/empire_seapower/barbados_01.shtml

    I trust my numbers as much as you trust yours. By the way, during the years mentioned above, what you described as mixing was rape. Despite the numerous rapes, I doubt the degree of mixing in the years mentioned above was as great as you imagined.

    The problem I have with you, is that you use mild words for a cruelty reality…
    i
    The other guy is an idiot…

    Here is a link that is line with your numbers.

    http://www.latinamericanstudies.org/slavery/BEL-1985.pdf

    Like

  • Theo of 100 wives

    Let me add that colour in Barbados is complicated. We have some of a dark complexion, who the whole world would consider as black, referring to themselves as pelau.

    I

    Like

  • Theo of 100 wives

    Fool, contribute.
    Put your ideas on the field.
    John’s view of history is warped, but he does his own thinking…

    Like

  • Well Well & Cut N' Paste At Your Service

    Lol…an anomoly…hahaha

    Like

  • Theo of 100 wives

    @David
    I think you need a John’s Corner where we can have a no holds barred fight without hijacking other topics….. 🙂
    Apologies to Jeff et al

    Like

  • Well Well & Cut N' Paste At Your Service

    Despite all the talk…and useless fantasies…,…none of them can explain why the African descent population remains in the majority and African…..and continues to grow consistently, even with no population explosion……..90% and more ….and has throughout the centuries….and despite emigrating numbers etc….

    ……while the minority populations do not grow beyond 3.1%….or less ……0.1%.

    Another anomoly…lol

    Like

  • Theo of 101 wives ---- one more wife

    Curious as to why one would derive the racial composition of Barbados from 1817 numbers and not from current data.

    It sucks when reality does not conform to a person’s perception. Is that the definition of ….crazy

    Like

  • Theo of 101 wives ---- one more wife

    Disengaging again. Last comment for tonight.
    Did you see how Vincent ran, then reappeared when John appeared
    And disappeared when John left
    Let me leave so he can roam free

    Like

  • Dr. Simple Simon Phd.

    @John November 28, 2017 at 4:34 PM “You have had to go through all sorts of contortions to try to attribute the failure after Independence to “white people”… those devils”

    And where have I said that there has been failure after independence?

    Or that white people caused those failures?

    Or that white people are devils?

    Like

  • Dr. Simple Simon Phd.

    @Vincent Haynes November 28, 2017 at 4:26 PM “I have already conceded the dispute on quantum as a moot point”

    But it is not a moot point.

    We recognize a dog whistle.

    You want us to blame the “polygamous/promiscuous” black man, even while white men were raping black women and girls all during the period of slavery.

    Like

  • Dr. Simple Simon Phd.

    @Theo of 100 wives November 28, 2017 at 7:45 PM “It is a majority black country…”

    The majority of Bajans self identify as black, although the foreigner Vincent would wish to tell them that they are pelaus

    According to the 2010 census Barbados has/had a population of 226,193

    209,109 self identify as black

    6,135 self identify as white

    163 as oriental

    3,018 as east indian

    122 as middle eastern

    7,034 as mixed

    231 as other

    381 as not stated

    Almost all of the 209,109 who self identify as black have SOME white DNA as well, which was inserted by force by WHITE MEN [since enslaved people cannot consent to sex with their owners] into this population during the more than 200 hundred year period of slavery.

    Like

  • The truth is the enslavers were the 15th, 16th, 17th, 18th and 19th century equivalents of today’s ISIS. Religious fanatics greedy for power, money and sex.
    ++++++++++++++++++++++++++++++++

    Guess the enslavers must have been blue or green, definitely not white!!

    Like

  • Almost all of the 209,109 who self identify as black have SOME white DNA as well, which was inserted by force by WHITE MEN [since enslaved people cannot consent to sex with their owners] into this population during the more than 200 hundred year period of slavery.
    ++++++++++++++++++++++++++++++++++

    What you are saying is that there are a lot of deluded people in Barbados who think they are black … or white … I agree totally!!

    As the returns of 1817 show, most of the mixing happened after slavery … and continues to happen to this day!!

    Like

  • Dr. Simple Simon Phd.

    @Theo of 101 wives —- one more wife November 28, 2017 at 9:57 PM “Curious as to why one would derive the racial composition of Barbados from 1817 numbers and not from current data.”

    Especiallly when the current data is rigt here on page 51 of the 2010 census: http://www.barstats.gov.bb/files/documents/PHC_2010_Census_Volume_1.pdf

    Or John can open his eyes in virtually any street, any village, any church, any school to see the current racial composition of Barbados.

    But John is not interested in truth, instead he wants to believe that not white man ever rape a black woman or girl in the whole history of Transatlantic slavery.

    The white men were “nice Christian Quakers” who would never do such a thing.

    Like

  • The mixing explains why Jeff’s concern that what is happening in America will not get here!!

    The mixing has in fact, mostly been consensual.

    Bajans enjoy the pastime!!

    Like

  • Or John can open his eyes in virtually any street, any village, any church, any school to see the current racial composition of Barbados.
    +++++++++++++++++++++++++++++++++++++++++

    That’s what I do …. and I reach the same conclusion as you from what I see, the vast majority of people in Barbados are of mixed descent.

    What I am showing you I think pretty conclusively is that most mixing did not happen in the days of slavery, but after.

    Like

  • So I realise that Jeff’s concern is unfounded.

    Like

  • Interestingly enough, the phenomenon appears not to have caught on as yet in the region or locally.
    +++++++++++++++++++++++++++

    Don’t worry Jeff, it is extremely unlikely this will happen!!

    Like

  • If I were a slave with my food, housing and medical care provided me by my owner from cradle to grave I would not have to worry much about the physical necessities of life.

    I would know my children would be valuable to my owner and would continue to receive what I received.

    Once I became free and no longer could rely on my owner to provide the physical necessities for me but had to devise strategies to survive on my own, there is not much I would not try to ensure my survival and that of my children.

    Freedom created pressures for the freed slave he/she never had to face before.

    Like

  • Well Well & Cut N' Paste At Your Service

    “It sucks when reality does not conform to a person’s perception. Is that the definition of ….crazy.?”

    Yes it certainly is and our Afro-Curaçaoan puppy cant sit, stand or lie down, just running around with the same level of crazy…….lol

    With all their craziness, they still can’t explain with all the centuries white rapes and much, much later…consensual mixing, the islands of predominantly African descent people , still remains predominantly African descent.

    Like

  • the islands of predominantly African descent people , still remains predominantly African descent.
    ++++++++++++++++++++++++++++++++++

    Well duh … isn’t that kind of obvious, no explanation is necessary!!!!

    Like

  • Here is another way of looking at it.

    At emancipation, Barbados had an over supply of labour which now had to compete for scarce jobs.

    Sex has always been a tool for getting a job.

    So long as there is an oversupply of labour, anything goes …. no holds are barred!!

    In addition, standards have gone through the floor so no one has much to hide these days.

    So what if someone makes a spurious, or real, claim of sexual harassment.

    No less than the Speaker of the House just waltzed through an accusation of theft with no real problems, the party rallying to his aid.

    Jeff’s concern will probably not come to pass here in the foreseeable future unless the economy picks up to an extent that there are more jobs than people wanting them … or people suddenly up their standards.

    Neither ain’t going to happen!!

    Like

  • https://www.msn.com/en-us/news/us/matt-lauer-fired-from-nbc-news/ar-BBFUtVU?li=BBmkt5R&ocid=spartandhp

    Another one bites the dust!!

    Tell me how this could happen here!!!!

    Never!!

    Don’t mind how terrible the offence.

    Bajans don’t know the meaning of inappropriate!!

    Like

  • Dr SS PhD

    What you are saying is that there are a lot of deluded people in Barbados who think they are black … or white … I agree totally!!

    As the returns of 1817 show, most of the mixing happened after slavery … and continues to happen to this day!!
    …………………………………

    You know the above to be correct irregardless of how you spin it with self identifying……DNA does not lie….pigment never tells the full story.

    Polygamy is as old as the world wherever the opportunity exists…..we have established that the western region of Africa has the most tribes that practice it…..we have further established that the majority of our ancestors are from the tribes in that region(except for your Congo granny …like Sparrow)……logically it would suggest that the practice of polygamy was brought to Bim by our ancestors.

    You wish to live in self denial in your self identified world….have fun.

    Like

  • @ Vincent
    As a friend, Bushie wants you to know that you sound MUCH more intelligent when you choose to READ the posts on BU ….and to keep your damn trap shut…!!

    Like

  • Bushie

    Chuckle….as a friend….and as man…..yuh got moh shaving cream than I ever imagined.

    I apologise to Cawmere for ever thinking that we could produce such constant evacuater of bovine excrement……yuh even ashamed of kolij……wahloss.

    Like

  • Boss, that was a compliment….
    The truth is MUCH harsher…
    LOL
    ha ha ha

    Like

  • Bushie

    Chuckle…..you,poor,poor boy…..good to have such an inflated opinion of your own excrement that it smells sweet……..lol……go and complain to BBE as I warming up to give your RH a royal cut arse….bring it on….

    Like

  • Theophilius Gazert

    Dear John,
    “If I were a slave with my food, housing and medical care provided me by my owner from cradle to grave I would not have to worry much about the physical necessities of life.

    I would know my children would be valuable to my owner and would continue to receive what I received.”

    Based on your above statement, it is my pleasure to let you know that you and your relatives can have free room and board at my humble abode. As you think slavery was so good, I hope that you would offer you and your relative to be my slaves and allow me to treat you the same way slaves were treated.

    I am even willing to become a Quaker, if you feel this is necessary.

    Kind regards
    Massa Theo

    PS: I suspect that you will not accept my kind and generous offer. There is room in my home for your minion VH.

    Like

  • TG, thx for the offer, I’ll bear it in mind!!!!

    Like

  • BTW

    How many Quakers do you know in Barbados?

    Like

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