Jeff Cumberbatch – Columnist, Deputy Dean of UWI, Law Faculty, Chairman of the FTC
There are more things in heaven and earth, Horatio,
Than are dreamt of in your philosophy – Hamlet, Act 1, Scene 5
While money can’t buy happiness,
it certainly lets you choose your own form of misery … –Groucho Marx
While the title of today’s column should be an undisputed datum, especially given the provisions of sections 6 and 7 of the Elections Offences and Controversies Act, Cap.3 of the Laws of Barbados that criminalize bribery and treating respectively as corrupt practices and the periodical fulminations against these practices by politicians of various stripe and other well-meaning citizens, I am nevertheless willing to wager that there are very few who would be willing to swear that the title accurately portrays the reality in modern day Barbados.
Now, as the blast of war rings in the ears (in the words of the Prime Minister) before the electoral battle is fully and officially joined, the relation between the statutory provisions and the cultural practice has been brought once more into sharp focus.
The law itself is clear. So far as bribery is concerned, section 6(2) provides-
“A person is guilty of bribery who, directly or indirectly, by himself or by any other person on his behalf
(a) gives any money or procures any office to or for any elector or to or for any other person on behalf of any elector or to or for any other person in order to induce any elector to vote or refrain from voting; or
(b) corruptly makes any gift or procurement as is specified in paragraph (a) on account of any elector having voted or refrained from voting; or
(c) makes any gift or procurement as is specified in paragraph (a) to or for any person in order to induce that person to procure, or endeavour to procure, the return of any person at an election or the vote of any elector, or if upon or in consequence of any such gift or procurement he procures or engages, promises or endeavours to procure the return of any person at an election or the vote of any elector.”
And, as for treating, section 7 stipulates-
“A person is guilty of a corrupt practice who is guilty of treating.
(2) A person is guilty of treating who corruptly, by himself, either before, during or after an election, directly or indirectly gives or provides or pays wholly or in part the expense of giving or providing any food, drink, entertainment or provision to or for any person
(a) for the purpose of corruptly influencing that person or any other person to vote or refrain from voting at such election; or
(b) on account of that person or any other person having voted or refrained from voting or being about to vote or refrain from voting at such election.
Every elector who corruptly accepts or takes any such food, drink, entertainment or provision is also guilty of treating.”
That the latter section criminalizes the practice seemingly endemic in the region whereby the politician buys the elector a drink and something to eat [rum and roti in Trinidad & Tobago; rum and corned beef in Barbados] should entail our recognition that as M. Jourdan in Molière’s “Le Bourgeois Gentilhomme” who one day realized that he had been speaking prose all his life “without knowing it”, this traditional treating by politicians may have been against the law all along without any complaint.
Of course, the law insists that for one to be convicted of a criminal offence, not only must such guilt be established beyond reasonable doubt but also the relevant law, in the case of doubt, must be construed in the way most favourable to the accused person. That the traditional rum and corned beef is now been rumoured to have given way to the flat screen or Curve television and the I-phone, pad, or pod does not change the law, which seeks to penalize the transaction itself rather than the nature of the consideration, one jot or tittle.
However, the effective enforcement of the relevant provisions would seem to be akin to an impracticability, given that the most cogent evidence against the politician or his or her agent is likely to come from the accomplice to the criminality, the beneficiary of the bribe or treatment, who would be incriminating himself. As quoted above – “Every elector who corruptly accepts or takes any such food, drink, entertainment or provision is also guilty of treating”. It is the same with the offence of bribery-“A person is guilty of bribery who, after an election, directly or indirectly by himself or by any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting”.
Thus it is that despite the dissuasiveness of the penalties for those guilty of these offences, including the avoidance of the election of a candidate who is found personally or vicariously guilty of any corrupt or illegal practice (section 54) and the striking off of a candidate’s votes from those persons who were bribed or treated, the general impracticability of enforcement lends to a circumstance that the franchise may indeed be treated locally as a commodity for a long time to come.
Moreover, in our culture, generosity of some kind from the political representative or from a candidate for the constituency is expected. If that generosity is made either expressly or, more likely, impliedly conditional on its future repayment by the exercise of the franchise in that person’s favour, whence the telling evidence of a corrupt practice?
The keener reader will observe that I do not have the space today to tackle an even more insidious form of bribery where the franchise itself is not treated as the commodity but rather the politician himself… or at least his influence. Electoral campaigns are patently expensive undertakings, after all.
May you have a blessed and bountiful 2018, dear reader.
.
……”to tackle an even more insidious form of bribery where the franchise itself is not treated as the commodity but rather the politician himself… or at least his influence.”
Would love to see the laws related to this so that the bought and paid for politicians, as well as the bought and paid for government ministers and their known bribers in the minority business community. ..like the self-proclaimed briber of government ministers in the pay-to-play scam Bizzy Williams can see it themselves.
when a politician dies….he lies still
Lol…good one Lawson.
What Bushie would like to hear Jeff’s learned opinion on, is how it is possible for our DPP, COP, AG and CJ to have so COMPLETELY ignored the MANY cases where we have heard well known persons in Barbados go on TV (and in the written press) to brag about how much money they have GIVEN to politicians of both parties..
Shiite … some even cried.
As to section 7 …
That is a TOTAL JOKE.
The general RULE is that politicians HAVE to buy drinks, pay bills, find work (or rather find pay) for voters …and to SYSTEMATICALLY violate this section both BEFORE and AFTER elections…
What then is the purpose of shiite laws that mean NOTHING?
Careful analysis will show that this ‘law’ speaks of the bribe being ‘corruptly’ given in section ‘b’. This is OBVIOUSLY put there to negate EVERYTHING in the section – since the motive of ‘corruptly giving’ is virtually unprovable – or at least provides ground for our monkey lawyers to run on…
EVERYTHING about our shiite Laws in Barbados is TAINTED….
Our asses will continue to swim in shit as a consequence.
People should be made aware that the politicians have no way of finding out how an elector voted. Therefore you can still vote against him and go home and watch the results on your new flat-screen.
People should not really expect that a politician, who openly breaks the law in order to be elected, would be honest thereafter. That is why the only discernible growth in this country is openly seen among the politicians.
Caswell
People should be made aware that the politicians have no way of finding out how an elector voted.
+++++++++++++++++++++++++++++++
You mean no way that YOU know of….
Bushie has been explaining for YEARS now, that the shiite system which we use, where the ballot has a tear off section with your NID on it, while the ACTUAL Ballot has your ‘X” on it … means that someone merely has to bring the two pieces together afterwards in order to have a record of how each person voted.
How hard is it to search box 25 from your constituency for ballot slip 025467 which matches torn off slip 025467 with Caswell’s NID on it?
Such a search may only be needed if Caswell is being considered for a job, or a contract, or if he has a case pending….
THIS SHOULD NOT EVEN BE POSSIBLE.
…only in a shiite (literally) country.
Bushie
The ballot are stored in a vault at the Registration Department while the counterfoil of the ballot papers are stored in the Electoral Office. They can only be brought together by an order of the High Court, and that would be done publicly. Don’t mislead if you do not know Bushie.
Sent from my iPad
Caswell says politicians have no way of finding out how an elector voted.How so,when in the room where votes are cast sit yardfowls of either party and the election officer tells you when you exit the voting booth show the docket on which you placed your X to those officials there pointing to the yardfowls.I don’t show them one ass because they have no right in there and a vote is a personal thing not to be shared with anybody other than the voter.
That is how a candidate knows how he is faring as the process goes on during the day.Your name is called boldly.Those 2 yardfowls have the list of voters.They know on the docket that candidate DLP is listed first,candidate BLP is listed next etc.They can see where you placed your X when you hold up the docket in their direction,so Tyrone Estwick knew he was losing long before he lost.I saw him working the cell phone feverishly on that day.Similarly Donville knew he was losing by that same method and called the Stink man for help
@agabriel
Are you sure? The ballot is declared before the x is affixed not so?
@ Caswell
You have faith in politicians
You have faith in the Public service
You have faith that Credit Unions can legally act like banks
You have faith that the Justice system will keep the ballots separate..
You have faith that some yardfowl will not just open a box in the Registration Department and check…
IT SHOULD NOT EVEN BE POSSIBLE
There should be nothing on a ballot but the X
Thank God for your balls, and for your focus on justice…
But..
No wonder you are poor.
Blind faith is so pathetic…
@ Caswell
“The ballot are stored in a vault at the Registration Department while the counterfoil of the ballot papers are stored in the Electoral Office. They can only be brought together by an order of the High Court,”
But Caswell, they don’t need to be brought together physically… yardfowl A can record images of one on his mobile phone while yardfowl B records images of the other for later comparison. What means are in place to prevent this knowing that both the Registration Department and Electoral Office are well stocked with yardfowls of every variety?
Peter
The average yardfowl would not have access to the vault at the Registration Department. As far a I know, the vault is only accessible to select members of staff. And in any event, the marked ballot papers are not strewn all over the floor over the floor; they are contained in locked boxes. You can only take a picture of the box if you, as a yardfowl, gained access to the vault.
Sent from my iPad
David
What I said is undisputed.I have experienced it at my polling station.I have written on it before.It is an iniquitous deed.They have no right sitting in that room.
The procedure is as you enter the station and show your credentials,your name is called loud enough for a minibus passing with music blaring to hear your name.Everybody in at room check their record.You are given a slip of paper and pointed to the booth and told by the official of the Electoral Office to go to that booth,place your X,and on exiting the booth,hold up and SHOW the slip to that location,pointing to the 2 representatives of the Dees and the Bees,then drop it in the receptacle.Knowing that the vote is secret,I asked who were these 2 people.I was told.Since then I don’t show them anything.They have no right in there.Nobody should be told to show your vote to anybody,not even the electoral official.
Many Barbadians will be very happy about new iPhones, corned beef, cement etc next year …
Voting – a constant income for many Barbadians.
@Dean Jeff, I look forward to your ‘treating the follow on subject re the politician him/her-self.
There were some judgements in US which appear to give politicians free reign to be ‘insidious. When the former Chicago governor was convicted following his attempts to convert the appointment of a replacement for then pres-elect Obama into beneficial gain to him that was interesting.
Frankly I thought his actions were standard political horse trading, so to speak.
And then after another governor (Mass. as memory serves) was acquitted on appeal after receiving Rolex watches, vacations for he n wife etc from persons seeking his influence towards their contract submissions it was no longer interesting.
Just seemed that the entire thing is truly a farce.
As you clearly suggest, unless there is actual unimpeachable physical evidence ideally in the politician’s own words of his crime a conviction is UNLIKELY.
Prosperous new year to you and family. The same David to you, your BU household and the entire BU fam.
@ Jeff,
On my last visit to Barbados. I visited a bar owned by the infamous, Dr David Estwick, the minister best known for allegedly brandishing his pistol in the presence of an opposition member of parliament (MP).
In a conversation with my uncle and his wife whilst waiting for our meal, i remarked: how was it possible for a politician to own a bar within his constituency? Such a “business” is likely to have an extremely negative impact on the state of our politics both at a local and a national level.
I would like to know the level of intimacy shared by the local population who patronise Dr Estwick’s bar. Is it possible that an open and a democratic society should allow their MP’s to open such a business which many may interpret as a garrison – prone to favouring those who may patronise the venue as oppose to those whom do not.
http://www.caribflame.com/2016/10/barbados-opposition-leader-slams-members-of-cabinet-who-run-businesses/
Here is another indicator that should have you worried and is further proof that Barbados has become hideously corrupt.
http://www.telegraph.co.uk/property/house-prices/revealed-least-affordable-places-live-world/
So what if they know who you voted for? stupse!!
@ Enuff
It facilitates yardfowlism, nepotism, mediocrity and brass bowlery…
…apart from other failings…
Personally, Bushie could not care two hoots – cause he don’t rice at ANY shiite politician.
But Bushmen are a rare stinking breed.
No doubt you will photograph your ballot as a sign of your dedication. Is this your passport to a board appointment?
@ Caswell
….and you hold the keys to the locked boxes right?
@ Talking Loud Saying Nothing,
Politicians own rum shops / bars.
Politicians own Law firms.
What is the difference ?
Jeff has committed a journalistic faux pas, he has “buried the lede” as they say in the periodicals. The most important paragraph has been relegated to the end of the opinion piece and has been overlooked if the tenor of the observations is to be believed. I am more worried about who has the politicians in their pockets than who the politician tries to coerce into voting for them as while both are invidious the former is more corrosive to the State than he latter.
@Sargeant
The system of government (Westminster) encourages the political class to pander to those who contribute to political campaigns. The difference between Barbados and the developed democracies is the more rigorous checks and balances read functioning oversight bodies.
For example, Caswell has written about flouting of the rules which the Electoral Boundaries Commission has oversight yet no action. In fact Caswell posted on BU the documents that listed monies spent by Sinckler which exceeded what is stipulated by law, and nothing. It even goes back to when billboards were erected and nothing.
Would be interesting to know why they keep this information and for how long. After the government is installed, all ballot information should be destroyed. To keep it any longer than that must serve some (nefarious) purpose, Yes/NO?
The system of government (Westminster) encourages the political class to pander to those who contribute to political campaigns. The difference between Barbados and the developed democracies is the more rigorous checks and balances read functioning oversight bodies. (Quote)
Ignorance of the so-called Westminster Model. Total nonsense.
https://youtu.be/14njUwJUg1I
And don’t tell me about the US or UK. Keep it relevant to Barbados.
Cell phones, cameras, ACTION.
We can expect you honest BU bloggers to record and report evidence of vote buying.
I will do the same….in spirit . lol
The sooner we deal with the reality of elections the better. What we have now are mammoth parties and carnival/kadooment like gatherings that seldom enlighten anybody. The entrenched political class has turned elections into an extension of Crop Over. Meeting starts at 6:00 PM; entertainment until 9:00 PM; cuss each other until they get tired and that’s it.
In this kind of circus: free drinks, free music, free dollar bills flying and other freebies. How do we expect the people to respond?
The development from rum and corned beef to flat screen TV’s and ipads should therefore be seen as natural within the system that has been created. We either have some very blind people writing on this post or they are pretending that they don’t know the truth. And fear not because the diehards will be out there delivering the gifts for their respective candidates.
‘If the law supposes that, the law is a ass, a idiot’ or in Bajan parlance as told by Dr.R.Forde in the HC production in the early 70’s…”the law barely like um”
“The difference between Barbados and the developed democracies is the more rigorous checks and balances read functioning oversight bodies.”
I gather ‘functioning’ is a matter of opinion. Methinks the court of public opinion, functions as well in Barbados, as in any other jurisdiction.
And are we satisfied that Bajan public opinion translate to concrete acceptable outcomes? When we discuss oversight bodies do we mean public opinion or agencies established to represent the people.
A lot of votes were bought and sold at Christmas.
A lot of votes will be bought and sold tonight and tomorrow.
Doan have to read an spell fuh wunna.
We miss Eric ‘Fly’Sealy and his soap box style politics.As in Hyde Park on Sunday afternoons one looked forward to the unvarnished bordering on the unlawful contribution of this natural repository of grapevine information.Whether it was the Indians,the whites or the nasty lowlife Dems,if you offend the people you offend Fly.If he was alive,Stuart and Lowdown would either straighten up and fly right or be hounded out off office because Fly would set up his box by your house or by your office anytime the law allowed it.You would not be left in peace.Its people like Fly and Burton Hinds that kept the lid on extravagances in politics.Their contributions to Barbados cannot or should not be overlooked by our historians.
So in Canada, we have a huge number of these so-called oversight bodies.
We had a Senator (Duffy) who after a lengthy trial, was cleared on all 31 charges, and while the judge slammed the elected and senior appointed members who “gave him advice”, not a single case has ever been brought against any other connected person.
We had a former Ontario premier, where a whole tranche of his electronic messages (e-mails) were deleted post election and prior to retirement. Two of his former staffers were charged, the former PM was not. The trial continues, and the judge has disallowed the significant charges.
We have a sitting PM who took a Christmas vacation on a Bahamian island owned by H.H. The Aga Khan, a registered lobbier in Canada. The Ethics Commissioner finds the PM guilty, the penalty? Nothing. Ditto for the MoF.
We had a 3 year Inquiry into the awarding and management of public contracts in Quebec. Of the 3 Commisioners, one was so sick he never attended a single session. Of the remaining 2, one (Charbonneau) wrote the decision and conducted the inquiry, the other was the political mole who made sure no damming statements were entered about any provincially elected member. A whole host of city elected officials resigned. Not a single provincial politician or private citizen has been charged post commission.
My point is, you can provide additional employment for an untold number in these oversight bodies. Yet, if their end game is to preserve the status quo, the only opinion which matters is the court of public opinion. And that ultimately determines the fate of any politician. As noted, getting elected is not inexpensive.
@Northern O
How could you leave out Mulroney and the Airbus affair? He won a libel suit remember? How about the money stuffed in a Safety Deposit Box?
These folks are just amateurs.
They all feel they are entitled, even good people can turn just like cops when they get sick and tired of the criminal revolving door and may look the other way for some gift. They all must be charged no exceptions especially the high profile ones to prove to the average guy no-one is above the law. Mulrooney getting money in a paper bag taking it and nothing happens …total bullshit trudeau taking trips at our expense phuck him putz
@Sarge
I thought I had covered both major parties federally, and two significant provincial issues.
Even b4 Airbus, there was the party convention and the stuffed briefcase? You think any of them sweet? Do what ya gotta do and worry about any fallout, later.
Wait Lawson you get into the sauce early? -18 here, mussee close to to -25 in the capital?
How the hell wunna fellows does manage that weather? …MINUS 18 degrees C
Shiite man!!! Wunna fellows gotta like the $$$$ REAL bad yuh.
Umm was PLUS 18 bout here and Bushie almost freeze to death….
That would mash up de whacker…..
…not to mention other whacking instruments…
LOL
ha ha ha
MURDAH!!!
Bushtea
Boss I am after nothing, and if I were it wouldn’t be for $120 a month on a Board to get accused of tiefin by the likes of you.
Awwww come on Enuff
Do you REALLY think that Bushie would question your integrity on a Board…?
….more like make your life a living Hell…
LOL
ha ha ha
….Unless of course you repent of your CSME sins… and keep on the straight and narrow….
@ Bushie,
It is minus 18c outstide. Plus 24c in my house.
If I go out, inside the car is heated to plus 24c and it has heated seats.
Not rich like you so have to stay in Canada and “climatize” lol
It is not too cold today. Just minus 22c, but the wind is low. Yesterday I had to pick up veggies and it was COLD!! I start the car while still in the house and have heated seats and I wear layers and a down parka. this way I am warm as toast. I keep the house at 70F but for the last four days I moved it up to 72F, this way I don’t need socks in the house or a sweater. It should be warmer starting tomorrow.
Keep warm, bajans……..my family is in Edmonton and Calgary and it is minus 40 there. I feel for them!
This from a known corrupt, disgusting, racist businesswoman also well known for for never paying workers decent salaries, not wanting workers to unionize and doling out bribes to politicians, ministers civil servants and customs officers in brown paperbacks. ….and bribing politicans during elections.
…….she should have been in prison years ago for her musty, fire hazard business places as well…instead she is given a voice to continue acting as though she owns the island and the people who live on it.
“NOT SO FAST, HERBERT
Mon, 01/01/2018 – 1:05am Barbados1
BY:
JANELLE HUSBANDS
PROMINENT businesswoman Asha Mirchandani has expressed disappointment with suggestions from president of the Barbados Private Sector Association, Charles Herbert, that a new government is needed.
In fact, Mirchandani, a past present of the Barbados Manufacturer’s Association, says the headline found in another section of the media yesterday does not represent the view of all of the private sector in Barbados and was “very degrading for a president of any association”. She also believes that such a headline demoralises the country in the eyes of the world.
It is against this backdrop that Mirchandani called for answers on the BPSA: “Who forms the private sector, who elects the committee? Is it a membership or persons chosen? What is the Constitution?”
“The private sector is not a political body and as president he has no right to talk in this manner without the consent of membership. I would like to know who authorised this. I am not taking sides and honestly believe this was said in very bad taste and is an insult to the business community who has always been fair and has worked with the choice of the people in this land. Who made you special?
“I would like an unconditional apology and also ask that the president resign with immediate effect. Every government which was elected by the people of Barbados has the right to run the country as the term given.
“Government is elected by the people of Barbados and Barbadians are very intelligent people and love their country. Please do not underestimate them.”
She believes that it is about time the government now and future looks at the Association for being part of the economic advisory committee……….”
What the woman can do is take Herbert to the law courts because that is her specialty.She is fond of the courts of Barbados.Not only those listed in WW&C but she has the hierarchy of the BWU in her hip pocket also.This woman has been a supporter of the DLP from Barrow days.I took a Canadian businessman to one of her hardware outlets and his first observation was the chaotic and unsanitary condition under which this woman was allowed to sell to the public and employ staff,all this without proper oversight of the Health and Fire officials responsible for standards.
@Jeff Cumberbatch “A person is guilty of treating who corruptly, by himself, either before, during or after an election, directly or indirectly gives or provides or pays wholly or in part the expense of giving or providing any food, drink, entertainment or provision to or for any person
for the purpose of corruptly influencing that person or any other person to vote or refrain from voting at such election; or on account of that person or any other person having voted or refrained from voting or being about to vote or refrain from voting at such election. Every elector who corruptly accepts or takes any such food, drink, entertainment or provision is also guilty of treating.”
Thanks Professor.
I had no idea that the corned beef and rum thing was unlawful. I should have studied law instead of…
What is the penalty for accepting such treats?
Not that I am personally worried. The politicians–all parties– never give me or my family any treats, no corned beef, no rum, no flat screen TV, no food hamper, no “pick’ in the civil service, no contracts, no visits when we are sick, heck they do not even come to our funerals, no condolence cards or visits either, not even one in an “on service” envelope.
We are the 20% in the middle. The ones that no party can depend on.
But after the 40% “D” hardliners have voted, and after the 40% “B” hardliners have voted, we the 20% ALWAYS get to decide the result of the election.
And for that all parties hate us.
Lolll!!
Dr Simple…et omnes,
The Act provides as follows-
59.(1) Subject to section 61 and to any express provisions of this Act relating to particular acts which are declared to be corrupt practices, a candidate or other person reported by an Election Court on the trial of an election petition personally guilty of a corrupt practice shall for five years from the date of the report be incapable—
(a) of being registered as an elector or of voting at any election for the House of Assembly; and
(b) of being elected to and sitting in the House of Assembly; and
(c) of holding any judicial office or being appointed as a Senator;
and if already elected to the House of Assembly or holding such office or so
appointed shall from the said date vacate the seat or office.
I note that you are in the “deciding minority”, that 20% that most Barbadians claim membership of.
Good one Jeff, hypocrisy is rife!
Barrow let her into the island when she did not have a pair of drawers to cover her nekkid ass, he did a real disservice to the majority population and country when he opened the island`s doors to the likes of her, the Kutappa- Harrises and a bunch of other lawbreaking criminal minorities..
@Jeff Cumberbatch January 1, 2018 at 11:02 AM “I note that you are in the “deciding minority”, that 20% that most Barbadians claim membership of.”
@David January 1, 2018 at 11:08 AM “hypocrisy is rife!”
No hypocrisy David. You know that you are in the 20% when no politician ever comes to a family funeral.
We are permanent outsiders…and proud of it in a very quiet way.
David December 31, 2017 at 12:11 PM #
@Sargeant
The system of government (Westminster) encourages the political class to pander to those who contribute to political campaigns. The difference between Barbados and the developed democracies is the more rigorous checks and balances read functioning oversight bodies.
…………………………………………………………………..
We do not have Westminster form of gov’t. We have no functioning Upper House for oversight.
Until the senate is de-politicised by constitutional reform we will always be at the mercy of the party in power.
Not that the USA should be any example for much in this world but the do have some propensity for watching each other. Under their Constitution, the House of Representatives has the power to investigate, prosecute and impeach any government official.
Section 3
The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
While I agree Olson Alleyne has a very bad reputation on the supreme court bench, his decisions take way too long to be delivered and his cases just like most of the simple cases in the supreme court drag on for years, unnecessarily. ….vicious, nuisance Smith QC is a fine one to talk, him and nuisance Haynes, Gollop and a long list of fraudulent pretend lawyers are the cause of the present state of the court..
Every knee shall bow and every tongue confess….cant wait for it all to be exposed to the world.
“Poor judgment
Added by Emmanuel Joseph on January 2, 2018.
Saved under Court, Local News
1Save
It is not every day that a High Court Judge in Barbados is verbally attacked by a senior practitioner in the judicial system.
However, today, Justice Olson Alleyne was on the receiving end of a severe tongue-lashing from prominent Queen’s Counsel Vernon Smith for the judge’s ruling last Friday in the lawsuit brought by Member of Parliament for Christ Church West Dr Maria Agard against the Opposition Barbados Labour Party (BLP).
Agard had challenged her expulsion from the Mia Mottley-led BLP two years ago on the grounds that it was in breach of natural justice.
In dismissing the suit, Alleyne was particularly critical of the way in which Agard’s legal team led by Hal Gollop, QC, had filed their client’s claim, noting that the suit was lodged against the wrong persons, on the wrong fix date claim form, in the wrong way.
While ruling that there was no cause of action against the defendants, Mia Mottley in her capacity as chairman of the BLP and Dr Jerome Walcott as general secretary, the judge also suggested that Agard could refile the case, omitting the multiple flaws in the process.
This had led to a stinging rebuke by Smith, who described the judge’s decision as “vicious”.
“This is the most vicious thing I have ever come across by a judge,” the senior attorney told Barbados TODAY.
“How can you ask someone to refile a case when you ruled there is no cause of action . . . and that you sued the wrong parties?”
Smith appeared to carry a grudge against the judge, whom he claimed had yet to deliver a decision in a land sale purchase case which ended over ten years ago, on July 31, 2007.
Without providing too many details, Smith said it involved real estate at South Ridge, Christ Church.
“This is the kind of thing we got to deal with,” emphasized the Queen’s Counsel, who is also awaiting a decision in a separate civil suit which he brought against Chief Justice Sir Marston Gibson.
Smith has sued the Chief Justice, accusing him of disbarring him without due process.
Sir Marston had refused to allow Smith to represent former CLICO boss Leroy Parris on April 17, 2015 on the ground that the senior lawyer had not paid his annual subscription fees to the Bar Association.
Gollop, who is representing Smith in the case against the Chief Justice, declined to comment on Alleyne’s ruling against Agard, stating only that anything he had to say would be more appropriately submitted before the Court of Appeal, a suggestion that he planned to appeal the ruling.
Mere hours after the High Court threw out her legal challenge to her November 22, 2015 expulsion from the Opposition party, Agard had said she was not ruling out the possibility of refiling the case.
However, she said her final decision on whether to sue the BLP all over again would be made in conjunction with her family and her attorneys.
In a three-page press release issued by attorney-at-law Lynette Eastmond, who had been assisting Gollop in fighting the case, Agard pointed to Page 49 of the 50-page judgment, which said: “Striking out the claim would not deprive the claimant of her access to the court or bestow any windfall on the defendants. The claimant may make a fresh start with these procedural flaws behind her.”
In his ruling, Justice Alleyne ordered Agard to pay yet-to-be-determined costs to the attorneys representing both Mottley and Dr Walcott.”
Lol…is it not ironic though the stupid, wicked, corrupt AGs over the years and the corrupt former chief justice refused to do anything about conditions on the bench re overly lengthy decisions, cases that go on too long…10 years after a land case closes the same Judge Olsen still has not made a decision…why is he still on the bench, that is unheard of in the real world……
And lying Fruendel and Justice Gibson got the nerve to be upset because the CCJ finds the judiciary and those who manage and control it lacking, incompetent and full of shit.
The wicked and useless AGs over the decades along with the useless and corrupt former chief justice allowed lawyers to abuse the court unnecessarily, viciously and criminally……refused to stop them.
……the current chief justice has not done nearly enough to punish wicked lawyers like Smith, Gollop and Haynes….not nearly enough.
If judge’s decisions should not take more than 3 months, why are decisions by judge’s still waiting 10 years and more later to be rendered…
…..get rid of judges who are incompetent, they are always on vacation at taxpayer’s expense, their court dates are 3 or 4 a year per case while the incompetent lawyers add delays after delays why are decisions not rendered in a more timely manner.
Well Well
I will check but I am not sure that Olson Alleyne has been a Judge for 10 years.
Sent from my iPad
@ WW&C etc
Everything that you have said above is true….. if somewhat restrained….
This set of legal demons have been the CURSE of Barbados for 30 years…. and will continue to be as long as we continue to see them as having ANYTHING to offer to this country….
These are ALL a pack of selfish leeches –
whose ONLY role is to suck everything that they can…
It is good to see them self-destruct….
With the new monument at the Garrison,
the REAL Devil is now in town
Look for all the little shiite demons to get outa the way…
to make way for the REAL trouble to start
…on the field which they have prepared.
@Bush Tea
Vernon Smith do you something?
Trying to restrain myself Bushman….I have never seen so much evil practiced against their own people by black lawyers, black attorneys general, an extremely evil, corrupt and greedy black former chief justice and black judges using a supreme court…..ya expect that foom the now long dead white lawyers on the island, they were are well known thieves back then, but for these dirty negroes of the bar association and those sitting on the bench at taxpayer’s expense to do even worse to do the same and even worse to the same taxpayers that educated their hungry, poverty stricken asses in those days and present day, paid their education from primary to university, is a little much.
The devil monument they built to invoke demons is working against them all….. as it should.
Legal demons can also be destroyed by their own.
That is the scam they have used since 1964 to steal land from the poor and vulnerable, dead and dying black people, their own people…Simmons and other now QCs were famous for their land theft and criminalizing the real land owners, misusing the supreme court….. and then sell the land to stinking thiefing Cow, Bizzy et al…….judges withholding decisions for decades….waiting for the claimants to die.
The insurance companies use the same tactic….waiting for claimants to die so compensation is not paid out to the injured…misusing the supreme court with forced delays and still Justice Gibson sits on his ass and does nothing to stop these bottomfeeding parasites, liars and frauds calling themselves lawyers…or rein in incompetent bribetaking judges.
But it is the same players exposing it now the game has changed, the same Smith and Olsen et al are exposing the nastiness they themselves created and have practiced against their own people for decades.
As I’ve typed here several times before, Hal Gollop has always been a masonic and political yard fowl and a shite lawyer, just like his best friend and partner Fruendel Stuart.
Nothing else could be expected.
I hope Maria Agard now understands the group of sub-humans she aspires to keep company with.
All of them, the lawyers, the doctors, the ministers and politicians are masonic lodge demons…all of them, they are indeed subhuman and good only to stay very far from……they have learned absolutely nothing, care nothing except for the mediocre titles and little power positions they hold over their own people,…..
……they turned on the very population that fed, clothed and paid their education and still to this day sell the people out to the highest bidder for material gain…….they cannot be trusted, not for one moment.
In African countries centuries ago when they turned on their own people like that, eventually the equally demonic colonizing french, british, dutch or germans used to thank them for betraying their own people by hanging their black asses for treason .., what a pity many lawyers/judges, doctors, ministers and politicians cannot now be strung up by the neck for treason…
But their own demons will deal with them in this here modern era…and the living punishment will be even worse.
@ David January 3, 2018 at 8:37 AM
VS used to throw regularly the blackboard cleaner at Bushie for vociferously disrupting Smithy’s incomprehensibly boring English Literature lessons.
Bushie still can’t figure out how VS could be in the same legal bed as Hal G after what was done to his idol Joe Physics and family.
But we know that ‘Lawyering’ always makes ‘odd’ fellows.
And then there is still the murder of Mrs. Smith to unravel.
Caswell
Olson has NOT been a Judge for 10 years BUT he has been a lawyer for well over 30 years.
He is thought to be very detailed in his work.
Caswell
Olson has NOT been a Judge for 10 years BUT he has been a lawyer for well over 30 years.
He is thought to be very detailed in his work.
Georgie Porgie
I was almost certain that Judge Alleyne had not been a judge for 10 years as Vernon Smith suggested. Thanks for the clarification.
Sent from my iPad
Say what you like about Judge Alleyne, he is one of the more qualified sitting on the bench.
Hal Gollop was in the BLP before he opportunistically switched sides for lucrative reasons.
Do you want to tell me that he did not know that he could not sue the leader or the general secretary? Did he not understand the constitution of the BLP?
The behind the scenes manipulators who lured her into doing what they wanted are now still in positions and she is like a bird without a home.
Now she has to pay her lousy lawyer and the high priced BLP lawyers! That was sensible!
“However, Inniss told Barbados TODAY he considered this comment to be “offensive”, while seeking to link Herbert to the Opposition Barbados Labour Party (BLP) leader Mia Mottley, who has vowed to repeal the tax should the BLP win the next election.
“To come and say that a Government has not achieved much, then he ought to say what were his expectations of the Government in some of the most trying circumstances,” Inniss added, while seeking to justify the onerous levy, which quintupled from July 1 last year, jumping from two per cent to ten per cent of the customs value of imported and locally produced goods.
“I hear Mr Herbert talk about he would like to see the removal of the NSRL. Mottley has said the first order of business, if she attains the office of Prime Minister, is to remove the NSRL,” he observed.
The minister told Barbados TODAY he had difficulty with the tax – which he had said during the Budget debate would have been painful for his constituents – as well as the overall level of taxation here”.
……………………………………………………….
This is the idiotic rant from Donville Inniss.
Does anyone still not understand why Barbados is in the mess it is in today? These people never wanted any advice from anyone. At one point he kinda implied that Mr Herbert is not elected.
Their arrogance is what have Barbados in the mess it is in!
Prodigal
This is the liberal democracy that gives rise to people like Fidel.Idiots gain ascendancy thru the ballot box make decent people think goddam the ballot box,people suffering too bad and these sumsbeeches driving Mercs,Rangers and Beamers and want to shut up objecting voices.
@ Prodigal Son January 3, 2018 at 5:32 PM
“Does anyone still not understand why Barbados is in the mess it is in today? These people never wanted any advice from anyone. At one point he kinda implied that Mr Herbert is not elected.”
One only has to look at what is happening on the South Coast to understand the nature of the dirty beast in charge of things.
Watch out for the spin of trying to blame the previous administration for not doing anything when money was flowing like the shit today.
We ought to be a bit disappointed in Charlie Herbert for entertaining any shit coming from such a low-class lying garrulous bullshitter like the drunkard Donville.
Just say there is an absolute Need for a Change in Government. For any person with a modicum of commonsense can see that.
Even the Don of Pornville behaving like Cassius from the Julius Caesar play would support such a coup to become Opposition leader where he truly belongs to put his runny mouth to full-time use instead of attending to his illicit offshore business.
@ Caswell Franklyn January 3, 2018 at 6:26 PM
O A, J was appointed under the Stuart & Bra(i)thwaite regime.
One of the ‘B’ boys from Sin Farlup.
It’s a pity the law was so clear cut in poor Maria’s exploitation as to offer him No wriggle room to kick against the CCJ prick.
OLSON HAS ALWAYS BEEN DLP – USED TO SPEAK ON THIER PLATFORMS FROM CERCA 1986 ELECTION
HE IS FROM ST JOSEPH
There was always a load of suggestions and ideas given to this government……….from the Opposition, the Unions, the Private sector, the same Business Association…….on Brasstacks.
Prior to 2008, the only dem who had any ministerial experience was the dead king.They were given ample chances to learn on the job. Even David Ellis, someone who was prepared to give the DLP a chance said on Brasstacks that he was not prepared to criticise them in their early days, felt that they should be given some room to learn on the job.
But the big problem with these morons was that after being in the wilderness for 14 years, the power went to their heads and they believed in their own conceit and vanity.
The Private Sector had many meetings to help this government. But all was rejected. Now that they have taken the country deep down into a dark black hole………….to cover up their mismanagement, Donville Inniss who proudly gave the “we dont want to hear nothing from wunnah” speech in Parliament now wants to say that the private sector needs to work with them. Too late, bruddah.
Inniss, the private sector finished with you all ages ago……..take it from Frustrated Businessman on BU.
Ok Caswell.
Top qualifications, so why did it take Olson 2 years to realize Gollop and Fools filed the wrong forms, sued the wrong people, dont tell me it took him 2 years to look at the file……or it took him 2 years to realize that.
…..lets forget the demented Smith for a moment…..
A decision should be given in months…90 days ideally….,180 days at the most, this judge took 2 years to give a decision,….why do all of them act like they will live forever, all the lawyers have that nasty attitude, it is not ideal to take that long to give a decision.
I have seen QCs with top notch qualifications in Barbados and decades of experience making errors that 3rd year law students would never make.
I still dont think people understand what is really going on at that supreme court, it is even worse than I thought and I have been pounding away at this for at least 5 years…
…….as things stand right now you have lawyers for CGI Insurance telling judges that they cannot find Peter Harris to settle personal injury claims….but somehow they are still representing Peter Harris although they are claiming they cannot find him….how does that work.
….how does Haynes, Roberts and all these low class lawyers keep representing a client they cannot find, why is it a year and more after these lawyers agree to settle a claim on CGI’s behalf, the injured still have not received any checks.
How is it Frank Alleyne and FSC….cannot regulate this company and their 4th rate lawyers from scamming the people on the island and the supreme court judges..
How is it Chief Justice Marston Gibson, the judges and the Attorney General can do nothing about this scamming, lying to and abuse of the court and injured people….what kind of supreme court system are they presiding over.
More importantly….why are these claimants not exposing CGI and Peter Harris constantly in the newspapers for his lies, deceit and fraud…let the whole world see what a criminal he really is, hiding behind lawyers and refusing to pay out Transport Board and other liabilities which are the results of accidents.
@dAVID
i usually get here by typing “barbadosunderg” and clicking on the first link. It did not work this time and scrolling down the page did not help. Added the name of a contributor and now I am here. Hope all is well on your end of things.
No issues at our end.
On Sun, Feb 18, 2018 at 6:31 PM, Barbados Underground wrote:
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