Barbados Courts Delivers Double Whammy to Government

Submitted by Mark Jones

Justice Cornelius (l) next to BLP candidate and husband Ralph Thorne (r)

IF YOU WANT JUSTICE STAY OUT OF WHITEPARK ROAD. WHEN WIVES WHO ARE JUDGES GIVE DECISIONS TO ENHANCE HER HUSBAND’S POLITICAL CHANCES OF WINNING.THE JUDICIAL SYSTEM IS IN DIRE NEED OF AN OVERHAUL.

The talk around town this week was about the double whammy the Government got in the same day with two important decision going against them.

The Government lost the Hyatt case against Comissiong and they lost the case with the BIDC. The Bees in the bar were gloating about the licks Hal Gollop and Michael Yearwood got in the two cases but a man in the crowd thought the whole thing was very suspicious to him. He thought it was a STRANGE COINCIDENCE that the two cases could be decided on the same afternoon one after the other. He said he was waiting to get his hand on the BIDC decision but he had seen a copy of a decision his friend had in the Hyatt case and could not understand how the judge Dr Sonia Richards could arrive at the decision she gave; all the reasoning pointed to the fact that she should have ruled against Commisiong being allowed to contest the case but she held otherwise. He also said that it was clear to him from the manner in which the judgment criticises itself that at least two different persons wrote the decision.

The other case was before Cornelius, the wife of BLP Politician and Candidate Ralph Thorne!

My man said it appeared to him that the two judges had some agenda other than law and he felt that politics had now raised its head among the judiciary. It is known that Gollop and Yearwood are two Dems lawyers and they had to put the two of them in their place! The man continued that it is now a sad thing for Barbados that people are losing faith in the judiciary. If the judiciary is now engaging in corrupt practices and lawyers are being targeted where will this all end?

Also a very serious and pointed concern has been raised by a senior QC from the region who has also questioned why judge Cornelius did not recluse herself from this very political fuelled case such as this BIDC case being the wife of a BLP Candidate Ralph Thorne?

And it is also being asked why the judge Richards did not recuse herself since she is a known active Methodist!

Relevant Links:

The online paper said Gollop immediately informed that he was appealing the decision but it was noticeable that he did not speak to the press. On the other hand Comissiong was holding forth. The other matter raised was how he could suddenly be questioning every decision the Government takes. The feeling is that can only happen because there is a number of anti government judges sitting in the bench. It is not known if Yearwood will also be appealing his decision but whatever happens these two decisions have raised eyebrows among the public and likely to create serious doubts about the ability of judges on the bench to give a fair decision on the law before them and not which party the person involve support.

The public must be confident that when they go to court that they will be treated fairly but this now seems very suspect!

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39 Comments on “Barbados Courts Delivers Double Whammy to Government”

  1. Well Well & Cut N' Paste At Your Service December 23, 2017 at 10:28 AM #

    This is a bullshit article by slimy lawyers who lost, not one of these lawyers open their mouth when people who cant fight back are being victimized in the supreme court, have been for decades and still are being abused and victimized in the supreme court, EVERY LIVING DAY, none of the lawyers even blink, let alone talk or post about that, or give a shit, but they can open their mouth when they lose cases, although they know about the decades old corruption in the supreme court committed by their demonic satanic masonic lodge brother David Simmons, the dead DPP and a host of other very evil lawyers.

    Liked by 1 person

  2. John December 23, 2017 at 11:04 AM #

    Gone over my head but what does Methodism have to do with these?

    Like

  3. David December 23, 2017 at 11:15 AM #

    @John

    The author has made the stretch between Richards being a Methodist and possibly a vested interest in maintaining the status quo given the location of Bethel Moravian Church.

    Like

  4. Caswell Franklyn December 23, 2017 at 11:21 AM #

    You now have me in the uncomfortable position of defending Justice Cornelius. She could come to no other conclusion. The BIDC broke the law. Mind you, I believe that the judge went down the wrong road in her reasoning but ended up at the correct destination.

    Like

  5. Caswell Franklyn December 23, 2017 at 11:30 AM #

    Over the years, l have heard many criticisms of Madam Justice Dr. Sonia Richards but none of those criticisms have ever questioned her scholarship or reasoning. I have not read this decision as yet but if her previous work is anything to go by, there would be very little if anything that the Court of Appeal could find to that would cause it to overturn her judgment

    Like

  6. Sunshine Sunny Shine December 23, 2017 at 11:35 AM #

    Two rulings went against the government, something that is not common in Barbados, and you got this DLP propaganda machinery trying to say that it is political? The judiciary has always been political. It serves up onesided stew food that suits the taste of DLP and BLP politics (and their string pullers) and none of them does not plan to change it anytime soon. So your article is just bare shite, and another piece of propaganda piss and poor rakey political dribble.

    Like

  7. Pachamama December 23, 2017 at 1:31 PM #

    Well Well
    Is quite right. This is a bits and pieces article snapping at the fringes, not at the centre.

    For years a lot of all types of inbreeding was encouraged, mandated even, and no sub sets of decisions will change anything anytime soon

    Like

  8. Jeff Cumberbatch December 23, 2017 at 3:36 PM #

    David, both hyperlinks above seem to lead to the Hyatt decision…

    Liked by 1 person

  9. Jeff Cumberbatch December 23, 2017 at 3:41 PM #

    …why judge Cornelius did not recluse herself from this very political fuelled case such as this BIDC case being the wife of a BLP Candidate Ralph Thorne?

    Did a lawyer really write this? Recluse? Indeed!*

    Like

  10. David December 23, 2017 at 3:49 PM #

    Thanks Jeff, corrected.

    Like

  11. David December 23, 2017 at 3:50 PM #

    @Jeff

    Why have you assumed a lawyer wrote it? Give the person the benefit of the ‘slip’, we are human you know.

    Like

  12. Caswell Franklyn December 23, 2017 at 3:57 PM #

    The DLP by one of its pseudonyms, Mark Jones, starts this post by saying: “If you want justice stay out of Whitepark Road”. The DLP is really saying that all of our judges do not give justice. That is a gross slander of the judiciary delivered by an organisation that should be promoting respect for our national institutions, especially the judiciary. If the members of the DLP truly feel that way, they are in the ideal position to effect change. Instead, like terrorist they lay in wait to wreak destruction on those that do not share their views, even their wrongheaded views as in both of these cases.

    I now say without fear of honestly-held contradiction that if you want truth and honesty, stay out of George Street. The writer of this post knew that at the outset of the case, the Judge, Dr. Richards, informed the court that she is a Methodist and offered to recuse herself. She did not because the lawyers, especially Mr. Gollop express the highest confidence in the Judge’s integrity and insisted that she should hear the case.

    Now the DLP has lost they want to sully the reputation of the Judge. They have no shame and would sink to any level to achieve their twisted goals.

    Like

  13. David December 23, 2017 at 4:09 PM #

    @Caswell

    It shows how nasty the politics is in Barbados, the duplicitous nature of it when you consider that Hal Gollop operates in the bowels of the DLP/government.

    Like

  14. millertheanunnaki December 23, 2017 at 4:15 PM #

    “The Government lost the Hyatt case against Comissiong and they lost the case with the BIDC.”

    @ Mark Jones alias Douglas Leopold Phillips, you ought to be rejoicing in the ruling regarding the Hyatt legal detumescence.

    You have been given in a legal condom an escape route in finding a readymade scapegoat for Hyatt’s failure to achieve an erection.

    You too, Marcus, know full well the Hyatt was just another big scam to bilk taxpayers and NI contributors.

    Who in local hell or foreign heaven would take up that sort of ‘private’ dosh and drop in a pit toilet that Barbados has been turned into under your administration?

    Why don’t you guys just take what has already been taken in the form of fees and run before the electoral tsunami comes ashore?

    Like

  15. Jeff Cumberbatch December 23, 2017 at 4:22 PM #

    Why have you assumed a lawyer wrote it? Give the person the benefit of the ‘slip’, we are human you know.

    @ David, Of course. I was wrong in my assumption and thus far more stringent than I should have been.

    Liked by 1 person

  16. Questions December 23, 2017 at 4:32 PM #

    Can someone answer any of these two questions?

    1) Is it true that Steve Blackett MP is wanted in another jurisdiction and was escorted to Parliament on Tuesday by Barbados Police who are shielding him from International Justice?

    2) What is the update on Pastor Mark White who is/was in the Barbados Police Fraud Squad and was wanted for questioning by fellow Police and on indefinite sick leave?

    Like

  17. John December 23, 2017 at 5:37 PM #

    The writer of this post knew that at the outset of the case, the Judge, Dr. Richards, informed the court that she is a Methodist and offered to recuse herself. She did not because the lawyers, especially Mr. Gollop express the highest confidence in the Judge’s integrity and insisted that she should hear the case.
    +++++++++++++++++++++++++++

    Wow!!

    Like

  18. Gabriel December 23, 2017 at 7:36 PM #

    Gollop did not speak but Barry Gale spoke.Madame Justice as expected made reference to the recent Privy Council case in which the PC ruled Reginald Dumas had a right to be heard in a matter similar to David Comissiong’s right to be heard.Once again Stuart has been shown to be less of a lawyer than most.Fools rush in!One wonders who the senior lawyer is that Douglas Leopold Phillips is referring to.Could it be Gollop’s sidekick one Smith?Both these advocates are reputed to be Persons None Greater at the CCJ.
    I think most reasonable folk are not opposed to a new hotel but not at Lower Bay Street and definitely not 15 stories high without the mandatory public hearings and the EIA.To bully and force this issue is counter productive.

    Liked by 1 person

  19. Caswell Franklyn December 23, 2017 at 7:40 PM #

    @Caswell

    It shows how nasty the politics is in Barbados, the duplicitous nature of it when you consider that Hal Gollop operates in the bowels of the DLP/government.

    David

    I beg to differ. It shows that politics in Barbados has attracted more than its fair share of low life people, who are devoid of anything good. Politics is not bad, just like law or medicine are not bad. It is just that bad people have taken over local politics.

    Sent from my iPad

    Liked by 1 person

  20. Bush Tea December 23, 2017 at 10:04 PM #

    I beg to differ. It shows that politics in Barbados has attracted more than its fair share of low life people, who are devoid of anything good. Politics is not bad, just like law or medicine are not bad. It is just that bad people have taken over local politics.
    ++++++++++++++++++++++++++
    Well said Caswell.

    Except that the ‘take-over’ has been executed by MUCH WORSE than ‘bad people’.

    It is NOT against ‘flesh and blood’ that we are wrestling…..
    but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.

    The human-puppet-victims then become like dumb jackasses, making mindless decisions that lead to increasing chaos
    …. seemingly incapable of basic common sense
    ….. like Brass Bowls.

    Like

  21. John December 24, 2017 at 12:03 AM #

    One wonders who the senior lawyer is that Douglas Leopold Phillips is referring to.Could it be Gollop’s sidekick one Smith?
    +++++++++++++++++++++++++++++++++

    Could be, …. but the Court of Appeal is on record as describing his logic as amazing, leading to an absurd result!!

    When I was trying to figure out how Methodism got involved in all of this I considered the possibility that since David Commissiong was the son of a Methodist Minister that might have been the reason.

    http://www.nationnews.com/nationnews/news/17673/methodist-stalwarts-pass

    I dismissed it as ridiculous.

    So it could very well be Vernon Olivier Smith, QC given the Court of Appeal’s finding.

    Like

  22. John December 24, 2017 at 12:10 AM #

    Being a non practising half a lawyer in Barbados I would have to say I was more surprised … even amazed …. by the rapidity with which the decisions were reached.

    Like

  23. Tron December 24, 2017 at 9:20 AM #

    Jones,

    Everybody knows that the Supreme Court is an employer of last resort like the rest of the civil service.

    Maybe you should also look at the many daughters of DLP supporters at the Supreme Court next time.

    Like

  24. ac December 24, 2017 at 9:40 AM #

    lawson what has Trump said or done in helping to make the world a better place.In the short time Trump has been president america has become more divided . world leaders are dismayed at his style of leadership one that sends a message that america is the big bully of the world, Nothing good has come out of his mouth towards healing and respect for the good of country. If you believe that Trump pandering to the jewish comunity is the right thing to heal old wounds then i got a bucket of sh,it to sell you.
    The right wing christain vanguard support of Trump is predicated on archaic biblical prophesy and the stakes are very high for them wanting to see these prophesy come true whether it be Tump or Ninja Man in the white housing spouting policies which they believe are inheritant to making bible prophesy of end times becoming true the christian right would by all means necessary give their support to those morons

    Like

  25. ac December 24, 2017 at 9:44 AM #

    oops Wrong page

    Like

  26. Well Well & Cut N' Paste At Your Service December 24, 2017 at 11:58 AM #

    Hopefully most of them are choking on their xmas hams, turkeys and cakes for the season….given all that recent raw exposure of which most of them at one time or another are ALL involved.

    Ah never though ah would thank Kutappa-Harris for anything, but regardless of the motive, he should be thanked for exposing the dirty underbelly of the beasts….

    Like

  27. Josh December 24, 2017 at 1:18 PM #

    The article by Mark Jones are my exact thoughts on the two cases. It is not farfetched at all and we have read time and again where the CCJ has criticized Barbados judicial system. The constant scolding from the CCJ drew a response from Sir Marston who seems to be a good man but his reply was unconvincing. We trust these cases were indeed judged on their merits and politics and extraneous forces did not infiltrate.

    Did not Sonia Richards draw the anger of lawyer in the news Alair Shepherd resulting in unseemly action and words. Judge Cornelius married to lawyer Ralph Thorne despite they appear a nice couple is troubling when you think of transparency.

    The Hyatt case for non lawyers is confusing because the decision suggests government cant govern with certainty. Any move they make that Commissiong doesn’t like he can take it to court and in all likelihood come out victor. Not only that he gloats before, during and after the case. Pompasetting in the media. It was thought his behavior equals contempt of court with all the talk about sub judice but Commisiong does and says whatever likes and gets away with it. This may the death knell for foreign investment in Barbados. An entire country held to ransom by the whims of one man.

    Like

  28. Tron December 24, 2017 at 5:53 PM #

    “Sir Marston who seems to be a good man”.

    Mister Gibson was a family lawyer at a regional American court without any managerial experience before he was appointed in the Deep South. A man who puts “live and family” above his country. A man who appointed a registrar who is very good in quiz and egg games but week in law. A man who spent more space on his hobbies in his public CV than anything else.

    Tell me Josh, how has Marston Gibson improved the reputation of Barbados as a favourable jurisdiction?

    Like

  29. John December 24, 2017 at 9:26 PM #

    The Hyatt case for non lawyers is confusing because the decision suggests government cant govern with certainty.
    +++++++++++++++++++++++++++++++++++++++++++++++++++

    What is the difference between the President of the United States making and executive order regarding the security of his country and being challenged in court and the court ruling against him?

    America and Barbados are very similar.

    The decision must be based on precedents so unless we have a yahoo judge making it up as she goes along, England Canada and many other countries operate in the same way as Barbados.

    Government can’t govern with certainty!!

    Isn’t that a good thing?

    Like

  30. John December 24, 2017 at 9:41 PM #

    Did not Sonia Richards draw the anger of lawyer in the news Alair Shepherd resulting in unseemly action and words.
    ++++++++++++++++++++++++++++++++

    Isn’t Sonia Richards “judge in the news”?

    Vernon Smith QC has the Chief Justice in court over his unpaid VAT.

    What ever became of that case and who is the Judge??

    https://barbadosunderground.net/2015/11/06/tales-from-the-courts-vernon-smith-qc-has-sued-the-barbados-bar-association-xxix/comment-page-2/

    Do you have an update David?

    One or the other will prevail, life will go on.

    Both decisions are appealable right up to the CCJ!!

    What happens if the Court of Appeal agrees with either judge?

    Appeal to CCJ.

    … and if the CCJ agrees with first judges?

    There will have been 9 judges who have peed on the matter.

    It doesn’t matter, they can all be wrong … judges are human and err as we all do.

    Like

  31. John December 24, 2017 at 9:43 PM #

    Even the CCJ is censured!!!

    John November 8, 2015 at 12:17 PM #
    http://www.barbadostoday.bb/2015/02/14/legal-knocks/
    Accusing the judiciary in Barbados of not delivering justice in a timely manner, the Caribbean Court of Justice (CCJ) has strongly condemned the local courts’ “excessive and inordinate” delays in resolving cases.
    But the Trinidad-based court reserved even harsher words for prominent Barbadian Queen’s Counsels Vernon Smith and Hal Gollop as well as their associate Steve Gollop, charging them with abusing the judicial process.
    Those criticisms were leveled by CCJ president Justice Sir Dennis Byron yesterday, in a judgment in which the regional court dismissed a case brought by the three lawyers. The case surrounded a land deal that went sour and was brought by Smith, Gollop and Gollop on behalf of land developer Systems Sales Ltd, against Arletta Brown-Oxley, the executrix of the estate of now deceased Glenfield DaCosta Suttle and his widow Sonja Patsena Suttle.
    On January 12, 2015, the legal team filed an application asking the CCJ to give them time to file a notice of appeal against earlier decisions of the High Court and the Court of Appeal in Barbados which went in favour of the Suttles.
    In November last year, the CCJ delivered a similar ruling in this matter, but it was later refiled by the lawyers who protested that the judgment was published in the media before being communicated to the litigants and their legal representatives.
    In yesterday’s rejection of the application for leave, the panel of judges said it took the Barbados courts 16 years to resolve this matter, but noted the regional court was able to return judgment within six months on the grounds that the application had no realistic chance of succeeding at appeal.
    But the CCJ accused the attorneys of seeking to further deny the respondents their rightful due, even after a protracted delay in the local courts.
    In delivering the decision on behalf of the panel, Sir Dennis said the trio sought leave to appeal the earlier ruling although there was no realistic chance of success.
    “Something must be done to correct this harm to litigants. The court has usually commented on the judicial default in this area and, in this case, the judiciary has to accept responsibility for the inordinate delay in bringing this case to justice,” the CCJ ruled.
    It noted that the matter was not a complex one, yet it took seven years from filing to judgment and eight years from trial judge to appellate judgment.
    “This is a process which should take no more than two and a half years. It is time that the judiciary in Barbados adopt practices that prevent this type of denial of justice.”
    The court added that all parties, including the applicant, were being prejudiced.
    “In this case where the CCJ has already ruled that there is no merit in the appeal, it is unconscionable that the litigant should be burdened with expenses when there is no reasonable expectation of any benefit accruing. It would not be fair to the applicant for the court to allow expenses to accrue when it is already known that there is no realistic chance of success,” the judgment stated.
    The court also contended that the conduct in bringing the case, using a wrong process, and having no realistic chance of success, fell into the category of improper, unreasonable and negligent conduct.
    In dismissing the case and making an order for wasted costs, the CCJ ruled that there be no further proceedings in this matter without leave of the tribunal.
    After the CCJ’s first ruling on the matter in November 2014 which he called unjust, Queen’s Counsel Gollop strongly advised other countries that have not joined on to the CCJ to stay away from the regional court.

    Like

  32. John December 24, 2017 at 9:55 PM #

    These same lawyers’ names keep cropping up … and they are QCs!!!

    They are “known to the court”!!

    “But the Trinidad-based court reserved even harsher words for prominent Barbadian Queen’s Counsels Vernon Smith and Hal Gollop as well as their associate Steve Gollop, charging them with abusing the judicial process.”

    Like

  33. Thomas Lynley December 25, 2017 at 3:36 AM #

    “I believe that the judge went down the wrong road in her reasoning…..”

    Franklyn is truly an amazing character.
    He is not a qualified lawyer, yet he challenges judges, magistrates & lawyers; he is not an accountant, but can state the “Auditor General got it wrong;” the NIS Director does not know what he is doing, neither is the heads of the BRA and every government entity, the Commissioner of Police, the man in charge of the defence force…. they don’t what they are doing.
    He professes to be the ONLY trade unionist expert in Barbados, yet there has not been a mass exodus of members of the BWU & NUPW to join Unity;
    It seems as though the only man in Barbados that knows everything and knows what he is doing is Caswell Franklyn.
    There is no lawyer in this island that can interpret and is more knowledgeable in law than Franklyn.
    I remember him on the call in programs on a regular basis saying the NHC has been collecting rents from tenants illegally.
    This guy needs to stop this nonsense, he is not Jesus or God, and must realize he does not kniq every thing.

    I know I will incur the wrath of those who idolize him…. but what the heck.

    Like

  34. Well Well & Cut N' Paste At Your Service December 25, 2017 at 4:40 AM #

    Justice Gibson needs to make a resolution for the coming new year, I think I might have said that a year or 2 ago…to use his position and power given to him by taxpayers who pay his salary to heavily clamp down on the white collar criminals from insurance companies and other places who abuse the supreme court process, he needs to stop allowing criminals to control his supreme court, he had years to take control away from them and so far has chosen not to….and clamp down completely on those old, tired, worn out QCs like Gollop, Smith and a gaggle of other vicious lawyers who abuse the supreme court process to victimize plaintiffs and others who seek to right wrongs using the supreme court.

    Like

  35. Tron December 25, 2017 at 5:53 PM #

    Marston Gibson had nearly a decade to sort out the mess. NOTHING every happened. This is simply the reason why the Barbadian elite has chosen him.

    A sleeping giant of judiciary.

    The next CJ will be just another loser. Mark my words.

    Like

  36. Redman December 26, 2017 at 1:28 AM #

    Hubris & inertia ..Wait who is the productivity champion of Barbados?
    Fake news..Pompasetting Free UWI educated nitwits..
    Laughing stock of the Caribbean..dem don’t care..
    Shiftless & shameless big guts dinosaurs ( Neanderthals).

    Like

  37. Bush Tea December 26, 2017 at 9:16 AM #

    @ Thomas Lynley re Caswell
    …..This guy needs to stop this nonsense, he is not Jesus or God, and must realize he does not kniq every thing.
    I know I will incur the wrath of those who idolize him…. but what the heck.
    ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
    Bushie agrees with you….

    But given the existing circumstances where those who DO KNOW ….are such timid, gutless, shiitehounds, that have not the BALLS to raise a single word, would you not consider us lucky to have SOMEONE willing to try sticking his finger into the leaking sewer?

    Caswell himself probably knows that in many cases he ‘knows not’, but SOMEBODY has to say SOMETHING about the lotta shiite….

    To his credit, when corrected by those who know (like Jeff) he has been known to come to a christian understanding…) 🙂

    Like

  38. Gabriel December 26, 2017 at 9:50 AM #

    This same Smith is denying Nicholls his rights by using the courts to stay or hear proceedings that would likely assist Nicholls in recovering debts due by two known crooked lawyers formerly in the service of Cottle Catford.As I recall Nicholls has had to accept a big delay in judgement when the Appelate court adjourned a case to 2018.Lo! 2018 is upon us.Let us see what happens.Leacock ‘cock up and dead’,another bleeding criminal who bruised the good name of the Nicholls family and think he was a god in getting money laundering charges brought against Nicholls jnr. plus revocation of Nicholls’s visa to the USA only to dismiss all charges two years later.Stinking Leacock.If Barrow was alive that bastid would be kicked out of Buhbaydus long time.Elyut his overseer couldn’t save his sorry ass coz we know Elyut was afraid of Errol too bad.

    Like

  39. David December 26, 2017 at 10:16 AM #

    Karma is a BITCH isn’t it.

    Like

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