A Citizen’s Response To The Newly Amended Police Act

David Comissiong, Citizen of Barbados

So, even in the face of wise counsel from such eminent and well respected Barbadian patriots as Senator Sir Roy Trotman, Senator Sir Henry Fraser, Senator Lady Carol Haynes, Senator John Watson, and Senator Sir Trevor Carmichael, to the effect that the Bill to amend the Police Act has such critical implications for the Constitutionally guaranteed rights of the Barbadian people that it should be subjected to a process of national consultation, the twelve Government Senators have simply ignored all pleas for a process of popular consultation, and have enacted the Bill into Law !

How ironic it is that a mere 24 hours after Ministers of the Freundel Stuart Administration made public pronouncements about a Commissioner of Police abusing his powers to carry out wiretapping of telephone conversations, the said Administration is proposing to place even more extreme power into the hands of the Commissioner of Police to — in tandem with the Attorney General– impose Curfews and Cordons on the people and communities of Barbados !

Under the newly amended Police Act, the Commissioner of Police and the  Attorney General will have the power not only to determine which areas of Barbados will be placed under Curfew, but also to determine the Curfew hours.

These two office-holders will therefore have the power to imprison thousands of Barbadians in their homes for up to 48 hours, or to prohibit thousands of Barbadians from returning to and accessing their homes over a 48 hour period.

In addition, the Police will have the power to cordon off areas of Barbados for eight (8) hours at a time, and to oblige any person who happens to be within the cordoned area to answer questions put to them by the Police. And so, the Citizen’s right to choose to remain silent is thrown out of the window !

The new law also gives the Police the right to search persons, motor-vehicles and homes within the Curfew area once a Police officer claims to have reasonable suspicion that the commission of any offence known to the law– no matter how minor or trivial that alleged offence might be — is intended to be committed. In effect, the Police will to all intents and purposes have full liberty to search persons, vehicles and homes as they please.

It is highly unlikely that this new piece of legislation will pass the test of Constitutionality once it is challenged in the Supreme Court of Barbados.

But that does not seem to bother either the DLP members of the House of Assembly nor the DLP members of the Senate ! These–after all — are the same legislators who, less than two years ago, enacted the The IMMIGRATION (BIOMETRICS) REGULATIONS 2015 are NULL, VOID and Un-Constitutional that stipulated that every Barbadian traveling from or returning to his or her own country had to be fingerprinted, and that Barbadians could actually be prevented from re-entering their own country if they refused to be fingerprinted.

These Regulations — it should be recalled — were found to be unconstitutional and were struck down by the Supreme Court of Barbados.

How tragic it is that the callous and stiff-necked Freundel Stuart Administration has seemingly learnt nothing from that most shameful episode in the history of the Parliament of Barbados.

213 comments

  • The previous excerpts were actually taken from Hal Austin’s contributions to “Another Heather Cole Column – Jerk Ham & Baloney.”

    “Artax January 15, 2018 at 11:54 AM #: The accounting profession has a Professional Code of Ethics or Code of Professional Conduct, which may have certain variations according to the accounting designation an individual pursues (e.g. the US CPA; Canada’s CGA or UK ACCA), but no significant differences. Included are guidelines on “Confidentiality” and disclosure of clients’ information to third parties.”

    Hal Austin responded as follows:

    “Hal Austin January 15, 2018 at 2:10 PM #: Wrong. In the UK ACCA is the qualifying body. The professional body is the Financial Reporting Council, I suggest you read its reports.”

    “Hal Austin February 12, 2018 at 8:17 AM #:……..an accountant, with a UK qualification, who does not know the disciplinary body for your profession in the UK.”
    ++++++++++++++++++++++

    Artax January 15, 2018 at 4:07 PM #

    The Financial Reporting Council in the UK is basically responsible for overseeing the regulatory activities of professional accountants, auditors and actuaries by their respective professional bodies and developing corporate governance codes.

    The ACCA is a professional accounting body that offers courses leading to the ACCA professional accounting designation.

    “The Association of Chartered Certified Accountants (ACCA) is a global accountancy organisation for professional accountants that PROVIDES PROFESSIONAL QUALIFICATIONS and the option of membership for those working in accountancy, management and finance.”

    Artax January 16, 2018 at 6:48 PM #

    Hal Austin January 16, 2018 at 12:35 PM #: I repeat again, in the UK, the FRC is the disciplinary body for the accounting, actuarial and auditing professions. I worked with the organisation from its creation until my retirement;”

    The FRC comprises of the Accountancy & Actuarial Discipline Board (AADB), which is the “INDEPENDENT, investigative and disciplinary body for accountants and actuaries IN the UNITED KINGDOM.”

    If you worked with the FRC “from its creation until your retirement,” you would have known that………

    ………..according to PAGE 3 of the FRC’s “Accountancy and Actuarial Discipline Board: The Accountancy Scheme Review,” there are TWO DISCIPLINARY ARRANGEMENTS for the accountancy profession:

    2.1 Each of the six members of the Consultative Committee of Accountancy Bodies (CCAB) participates in the Accountancy Scheme. They are: the Association of Chartered Certified Accountants (ACCA), the Chartered Institute of Management Accountants (CIMA), the Chartered Institute of Public Finance and Accountancy (CIPFA), the Institute of Chartered Accountants in England and Wales (ICAEW), the Institute of Chartered Accountants in Ireland (ICAI) and the Institute of Chartered Accountants of Scotland (ICAS).

    2.2 The vast majority of ACCOUNTANTS in the UK and Ireland CHOOSE to TRAIN and QUALIFY under the auspices of one of the accountancy bodies detailed above and subscribe to be a member of such a body. MEMBERS and MEMBER FIRMS of the ACCOUNTANCY BODIES in the UK are SUBJECT to the RULES and REGULATIONS of the BODY of WHICH they are a MEMBER. EACH ACCOUNTANCY BODY OPERATES its OWN DISCIPLINARY ARRANGEMENTS to deal with COMPLAINTS of UNSATISFACTORY CONDUCT by their Members. They are PRIMARILY RESPONSIBLE for INVESTIGATING and DISCIPLINING their Members and, where appropriate, Member Firms.

    2.3 However, separate disciplinary arrangements exist for those cases which are considered to be a matter of public interest. Public interest cases are dealt with by the AADB, which operates independently of the accountancy bodies.

    I wrote the above comment based on information from the FRC to prove Hal Austin was incorrect. But the dishonest, despicable old man he is, rather than admit he made an error………..

    …………..he chose to write untruths that I do “not know the disciplinary body for (my) profession in the UK.”

    Like

  • Hal Austin February 12, 2018 at 8:17 AM #

    “……… an accountant who cannot tell the difference between the economy and the stock market;”

    Miller

    I wrote a contribution to “Lawson” in which I quoted the following:

    “President Trump relentlessly cited the stock market’s meteoric rise as a sign of his success at restoring confidence in the American economy. Credit Tom Brenner/The New York Times.”

    Click the following link to read the article and the comments under Trump’s photo.

    Hal Austin, the DISHONEST and despicable individual he is, MALICIOUSLY and PURPOSELY used the above Tom Brenner comments reportedly made by Donald Trump…….

    …………as his EVIDENCE that I “cannot tell the difference between the economy and the stock market.”

    …………especially when he cannot refer to anything in my post to “Lawson” that suggested I made a DEFINITIVE correlation between the stock market and the economy.

    Hal Austin should have leveled that accusation at Donald Trump, because Trump was the individual that allegedly said it.

    Miller…..judge for yourself…..who is dishonest and a liar……Hal Austin……..or Artaxerxes?

    Like

  • Gentlemen and ladies,

    I will first of all make this disclaimer as to the content of this post.

    IT IS NOT MEANT TO DETRACT IN ANY WAY FROM THE SERIOUS COMMENTARY THAT PRECEDES IT.

    What De Ole Man is trying to do with this outreach from the grandson is very simple.

    Wunna fellows are high intelligent and erudite but de ole man ent no braniac nor ecclesiastically inclined.

    So I does speak right on.

    The issues continue and worsen every single day.

    The social interventions that are critical are not things that the ole man is versed in.

    What I do have an inkling of and is the critical fact and only avenue we have to reverse this bungling government IS TO MAKE SURE THAT BAJANS GO OUT TO THE POLLING STATIONS ON ELECTION DAY AND VOTE.

    I axe de grandson to do a couple of Stoopid Cartoons which he calls the T-Shirt Foop-Over line.

    I echo numerous sentiments here which focus on getting the electorate sensitized to the issues and the messages that HAVE TO BE DISSEMINATED IMMEDIATELY.

    The message that Prime Minister Mottley delivered last week is a treasure trove of material for the Stoopid Campaign should the grandson be available for that assignment.

    IT IS NECESSARY TO BE UP IN THE PEOPLE’s FACE all the time so that when the election bell rings EVERY SINGLE DLP PERSON WILL BE VOTED OUT.

    I told de grandson that he had to be careful with a few things while making the STOOPID CARTOONS and your comments would be welcome on this matter.

    I felt that the name Foop Over is too close to Crop Over and he might get sue for plagiarism or ambush marketing. Do any of the lawyers here agree with my suggestion to the boy?

    I also told de grandson that he COULD NOT USE Fumble real name or it may be used against him in a court of law, do de real real lawyers here agree with that suggestion?

    I told him that he could not put in the letter “P” on the T Shirt cause he dont want any of the DLP Policeman grabbing a patriotic bajan who will be wearing the shirt in public, and locking them up for “cussing in public.”

    We certainly ent want no detainees to be “suicided-in-prison” as per the practice of the Royal Police Force of Bim

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  • When I read this I could see Barbados similarity:

    BALTIMORE (AP) — Two Baltimore police detectives were convicted of robbery, racketeering, and conspiracy Monday in a trial that’s part of an ongoing federal investigation into corruption among rogue members of the city’s beleaguered police force.

    https://www.yahoo.com/news/2-baltimore-detectives-convicted-racketeering-robbery-224948008.html

    Like

  • Barbados Underworld Whistleblower

    When I read this I swear they were talking of BARBADOS POLICE DETECTIVES and Officers who does the same SHIT DAILY.

    BALTIMORE (AP) — Two Baltimore police detectives were convicted of robbery, racketeering, and conspiracy Monday in a trial that’s part of an ongoing federal investigation into corruption among rogue members of the city’s beleaguered police force.

    After the jury foreman read the verdict following two days of deliberations, Detectives Daniel Hersl and Marcus Taylor were shackled and led out of U.S. District Court in Baltimore. Some of Hersl’s relatives burst into tears, while one of his victims called out: “Justice.”

    The two detectives were each convicted of racketeering conspiracy, racketeering and robbery under the federal Hobbs Act, which prohibits interference with interstate commerce. They face up to 20 years on each count, for a total of 60 years.

    On Monday evening, acting U.S. Attorney Stephen Schenning said he was hopeful that the police corruption case “will begin a long difficult process of examining how” the Baltimore force polices its own.

    “We hope that police officers live up to the honor and privilege of the badge,” Schenning said on the courthouse steps.

    The trial was dominated by four ex-detectives who testified that the police department’s elite Gun Trace Task Force was actually made up of thugs with badges who stole cash, resold looted narcotics and lied under oath to cover their tracks. They detailed acts of astonishing police criminality, including armed home invasions, stretching back to 2008.

    Acting Police Commissioner Darryl DeSousa said in a statement immediately after the verdict that the department will move to fire Hersl and Taylor, who have been suspended without pay since being indicted and arrested in March.

    “We recognize that this indictment and subsequent trial uncovered some of the most egregious and despicable acts ever perpetrated in law enforcement,” DeSousa said.
    William Purpura, Hersl’s lead attorney, said the family was disappointed in the verdict but noted that the jury “did acquit him of one of the more serious crimes.” He said a decision about a possible appeal would be made later.

    Both men were cleared of possessing a firearm in pursuance of a violent crime.
    Taylor’s defense team and his relatives did not immediately speak to reporters after the Monday evening verdict.

    Much of the testimony during the trial focused on Gun Trace Task Force members who pleaded guilty, including the out-of-control unit’s onetime supervisor, Sgt. Wayne Jenkins. He was portrayed as a wildly corrupt officer leading his unit on a tireless quest to shake down civilians and find “monsters” — bigtime drug dealers with lots of loot to steal.

    His subordinates testified that the onetime amateur mixed martial arts fighter told his officers to carry BB guns in case they ever needed to plant weapons and occasionally posed as a federal agent when shaking down targets.

    Former colleagues said Jenkins’ sledgehammer approach to policing extended to having actual sledgehammers — along with crowbars, grappling hooks, black masks and even a machete — stored in his police-issued car to ramp up illegal activities.

    It’s not clear when Jenkins and the other ex-detectives who pleaded guilty will be sentenced by a federal judge. Four disgraced ex-officers testified for the government in hopes of shaving years off their sentences.

    The defense teams for Hersl and Taylor had asked jurors to distrust the motivations of the government’s witnesses, including a number of convicted drug dealers who received immunity for their testimony in the case.

    Schenning said he was thankful the jurors saw through that.

    “That was the business model for this organization: They thought if you rob drug dealers they have no place to go,” he said.

    Purpura did not deny that his 48-year-old client took money but said the thefts didn’t rise to the more serious charges of robbery or extortion. The two defense teams also attacked the veracity of the four disgraced detectives, noting that they’ve admitted to lying for years to juries, judges, colleagues and their families.

    Assistant U.S. Attorney Leo Wise reminded jurors that the central question in the trial was the actions of the rogue police unit, and whether some of their robbery victims made money “selling drugs or Girl Scout cookies” was irrelevant.

    Public defenders say there could be a few thousand tainted cases stretching back to 2008 involving the jailed members of the disbanded Gun Trace Task Force. So far, roughly 125 cases involving the eight indicted Baltimore law enforcers have been dropped.

    “Beyond the sheer credibility issues that should have been raised at the time, given how embedded their crimes were in their police work, all cases involving these officers are tainted,” said Debbie Katz Levi, head of special litigation for Baltimore’s Office of the Public Defender.

    https://www.yahoo.com/news/2-baltimore-detectives-convicted-racketeering-robbery-224948008.html

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  • The young people backed by their middle aged parents have turned the country upside down. The citizens are prisoners in their own homes with bars on their doors and windows afraid to come out while armed individuals are roaming the streets robbing and killing. Certain neighborhoods are armed camps. We are emulating or North Caribbean neighbors. We have imported a cancer that has metastasized . The police are powerless along with a judicial system that allows violent criminals to get bail. Yes the need to do unannounced roadblocks and lock down any area where there is a shooting and do house to house non property damaging searches. Safety of Barbadians must come first. The Sonians and the Meres are semi educated fools. Common sense must prevail. We have had too much Shakespeare, Dickens. Too many MD’s and QC’s lets have shopkeepers, farmers and other small businessmen that have lots of common sense.

    Like

  • Well Well & Cut N' Paste At Your Service

    Lol…Piece, love it.

    Those yardfowls dont know when to stop telling lies, no one wants to see them so they are changing monikers….ya yardfowl girlfriend left BU and she is now sticks and stones..lol

    Like

  • Police Abuse and Police Corruption

    Barbados/Guyana Police involved in Stolen Car and Car Parts Racket

    A couple of months ago it appeared on Barbados Today Online or the Nation Newspaper that the Insurance industry was now becoming aware of a stolen car AND car parts Racket.

    I can RELIABLY tell you that POLICE IN BARBADOS along with the Indians who own the major car part stores and some car dealers ARE JOINTLY CRIMINALLY involved with selling stolen cars and car parts as their Police counterparts in Guyana see story below:

    Police appeared to have cracked another major carjacking ring in raids at Kuru Kururu, Soesdyke/Linden yesterday, arresting an ex-cop and six others and seizing at least two cars and a truck laden with spares.

    Some of the suspected stolen vehicles The ten-hour operation was carried out by ‘A’ Division ranks and concluded around 03.00 hrs yesterday.
    “The suspects are reportedly employed by an ex-policeman, who is in custody along with others assisting with the investigations,” a release stated.

    The ranks seized two cars, and a Canter, which is registered to a Barr Street, Kitty resident. It was loaded with the shell of a silver Toyota Spacio and a quantity of vehicle parts. A release said that vehicle and spares were “suspected to have been stolen or unlawfully obtained.”

    Yesterday’s operation occurred just three days after police seized several stolen vehicle parts during raids at North Vryheid’s Lust, East Coast Demerara and Monument Hill, Kuru Kururu, Soesdyke/Linden Highway.
    A former policeman, a husband and wife and four women were detained in that raid.

    Police believe that the vehicles were stolen during carjackings and stripped of their parts which are being sold.
    The raid at North Vryheid’s Lust was carried out by ranks from the Major Crimes Investigation Unit. They raided the home of a 29-year-old taxi driver and his 25-year-old wife.

    They found several car mirrors—with engraved licence plate numbers—doors, lights, wipers and other vehicle parts for Toyota Allion, Spacio and Premio motor cars.
    As a result, the couple was taken into custody after the husband provided police with conflicting stories as to why the suspected stolen vehicle parts were piled up at his residence.

    An ex-policeman and four women were detained after police ranks in ‘A’ Division went to a property at Monument Hill, Kuru Kururu and conducted a search during which a quantity of vehicle parts and several vehicles suspected to be stolen or unlawfully obtained were found.
    The items have been lodged at the Timehri Police Station.

    In one of several photographs released by the police, a number of vehicle seats, a trunk door, steering wheel and other parts were scattered under a shed.
    The other photos depict a Toyota Runx bearing number plate PPP 5957, a grey Nissan Bluebird with license plate PSS 4593, all of which, were seized by police ranks during the raid at Kuru Kururu.

    The discovery of the stolen vehicles and parts would come at a time when the police, only last month, seized four cars from a taxi service base at Herstelling, East Bank Demerara.

    According to information received, police ranks visited the taxi base on January 21, last, to look for a crashed vehicle which was taken to the mechanic shop operated by Ganesh James, who is currently on $100,000 bail for hijacking a car.
    It was there that the ranks found four vehicles, including two crashed cars in which the chassis numbers had been tampered with. The two crashed cars along with a Toyota Fielder Wagon and a Toyota Allion were seized.

    James was arrested late last year after he allegedly conspired with others to hijack a car valued $2.1M from Ramesh Ramoutar on December 14, 2017 at Better Hope, East Coast Demerara.

    Recently, there have been a number of carjacking with Toyota Allion and Premio motor cars being the most targeted.

    For last year, 25 vehicles were hijacked, including three Carina 212 and a Toyota Spacio.
    https://www.kaieteurnewsonline.com/2018/02/14/another-ex-cop-six-others-heldmore-stolen-cars-and-parts-seized-at-kuru-kururu/

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  • Police Abuse and Police Corruption

    COCAINE GO MISSING IN POLICE EVIDENCE ROOM

    What ever happened with the missing $millions in drug money stolen from within the Barbados Police?

    One of eight packages of cocaine that form evidence in an on-going High Court trial, is missing from the police evidence room. Director of Public Prosecution, Colin Williams, made the disclosure at the High Court on Monday.

    Williams’ comments came at beginning of the trial in which Benjamin Harvey and Vincent Denbar, both of Union Island, are being tried on a charge of possession of 9,159 grammes (20.2lbs) of cocaine with intent to supply.

    They are also charged with possession of the drug for the purpose of drug trafficking.
    The charges stem from a July 3, 2014 drug bust involving officers from the Coast Guard and the Rapid Response Unit.

    The Crown is alleging that the men were intercepted around 8 p.m. that day while travelling from Union Island to Bequia with the drug. The men were committed to stand trial at the conclusion of a preliminary inquiry on Nov. 27, 2015.

    At the beginning of the trial, Williams informed trial judge Justice Brian Cottle that one of the parcels of the drug was missing from the police evidence room. He said it is believed that the drug was stolen and that an investigation has been launched. The DPP’s comments seemed to have taken the judge by surprise.

    The information presented in court so far and iWitness News’ own inquiry suggest that the drug went missing sometime between Nov. 9, 2015 and May this year. The disappearance of one of the packages of cocaine is not expected to have an adverse effect on the Crown’s case since it went missing after it was tested and proven to be cocaine and after a preliminary inquiry, in which the drug was displayed.

    The men are being tried before a nine-member jury of three males and six females.
    Williams’ comments were the first “official” statements amidst widespread rumours over the past few months of cocaine being missing from the evidence room. The rumours emerged around the time when a number of officers were transferred from the Narcotics Unit and another retired after 20 years of service.

    Transfers are a regular occurrence within the Police Force and iWitness News does not know of any information that suggests that the transfer was in any way linked to the disappearance of the drug. On Sept. 27, 2017, police officers on duty at the Narcotics Base discharged a firearm at two persons who entered the compound late that night.

    iWitness News was reliably informed that two unidentified persons, dressed in dark coloured clothing, entered the base at Arnos Vale. They are said to have been behaving in a suspicious and threatening manner, triggering the reaction by the police officers on duty. There have been no reports of police apprehending the intruders.

    https://www.iwnsvg.com/2017/12/11/cocaine-missing-from-police-evidence-room/

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  • @ Police Abuse and Police Corruption

    Your last submissions are interesting for a couple of reasons.

    Not only do they confirm what Bajans know re the increasingly corrupt Royal Barbados Police Force and the inability of successive administrations and its de facto head which one understands is the Office of the Governor General as opposed to being the DPP, to control this rot but it points to a second issue.

    “Absentee Bloggerism”

    Do you note the prolific and extensive blogging that follows any insignificunt action of Donald Grab de Pokie replete with aide memoires?

    De Grab de Pokie man only got to sneeze and all de BU intelligencia does go off pun he actions ad infinitum

    One half might posit that they are wise to comment about these extraneous matter because Trunk and his Electronic Collection ELINT/SIGINT do not give one damn about 2×2 domiciles Bajans talking bout he.

    A nex half however might say that dem doan have to fear Trunk but dem gots to fear de long arm of the drug dealers AND the corrupt police and are exceedingly wise to shut dem mouf

    And de third half heheheheh might say “who gives a flying rat’s posterior about blatant corruption in the RH Royal Police Force?”

    Forgive dem three halves I ent went school too regular….

    Like

  • @PUDRYR

    Not all, a few who have narrow and selfish interest. In the case of GP his aim is for BU to close. He is just a wicked and spiteful old man. We believe that good will trump evil every time. The BU household operates BU for a good cause and this is all that matter. You shall know them by their fruit.

    Like

  • if this law is passed, then if a curfew is in a certain area, that wont solve crime because the persons will be in the areas where they live committing crimes. Then the police wont care because the thieves will be in the area where they live. This bill wont really solve any crimes it will only make the innocent home owners open to the criminals in the area that live around there. Why not pass a law where when there is a crime going on, the police show up on time. This law is to protect the rich hotel owners, or rich home owners who dont want certain bajan people walking around where these rich people live after sun down. I call it the sun down law.

    Like

  • Hal Austin February 12, 2018 at 5:28 PM #

    “I must apologise to you. I said earlier you lie, I am now convinced you simply have mental problems and find it difficult to understand the language. I HAVE NOT SAID ANYTHING ABOUT THE LOCATION of Divi Southwinds; what I said was that I have never done business with Divi Southwinds, nor with any other business in or near St Lawrence Gap.

    Now read the following previous contribution the dishonest Hal Austin posted to this forum:

    Hal Austin February 11, 2018 at 9:40 AM #:

    “I made a reference about making a down payment on a timeshare of about Bds$1000 (£300), but when and where did I say it was Divi Southwinds? MORE IMPORTANT, WHAT OR WHERE IS Divi Southwinds?”

    Like

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