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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 theย  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 theย The IMMIGRATION (BIOMETRICS) REGULATIONS 2015 are NULL, VOID and Un-Constitutionalย 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.


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213 responses to “A Citizen’s Response To The Newly Amended Police Act”

  1. Talking Loud Saying Nothing Avatar
    Talking Loud Saying Nothing

    @ Well Well,
    Do you not find it sad that both of us are thinking along the same lines?


  2. When we have reached a level where we believe that a party would set up one of its own to be robbed, we have really reached the bottom of the barrel. However, having read the comments over the last couple of months, such thinking should be no surprise.
    Question:
    Would the same thinking have been applied if it were a member of the other party or parties ?
    What are we really coming to ?


  3. Must be a general election in the air:

    Maria Agard

    11 hrs ยท

    And so the first evidence of political violence has reared its ugly face

    I can say many things about this act of vandalism but will say only this

    True to character! True to character!

    See more

    Image may contain: cloud, sky and outdoor

  4. Well Well & Cut N' Paste At Your Service Avatar
    Well Well & Cut N’ Paste At Your Service

    Talking Loud…it is not sad but quite appropriate for the season and occasion…..how easily everyone tend to forget what this same government did to win the last election, the lies and deceit they kept spinning, if people are ready to jump at the current lies and spin of truth, half truths and outright deceit….despite smelling and seeing those lies on the south coast and every infrastructure and taxpayer funded entity on the island…then they deserve what is coming to them.

    I have seen with my own two eyes McClean allow herself to be used by Dumbville already….to fool someone I know.

    If this does not warn and prepare Bajans, nothing will.


  5. Sixteen years for a case to be heard- unless I am missing something what is an accused supposed to do? I hope this new Police act guarantees the right to a speedy trial but I am not holding my breath. I hate to pull the Canadian position here but in Canada the Charter of Rights and Freedoms guarantee the rights to a speedy trial. No prosecutor would dare bring a criminal case that has been languishing for 16 years to Court.

    https://en.wikipedia.org/wiki/Section_11_of_the_Canadian_Charter_of_Rights_and_Freedoms

  6. Well Well & Cut N' Paste At Your Service Avatar
    Well Well & Cut N’ Paste At Your Service

    You think those snakes in the police force and judiciary care something about the rights of the average citizen, I bet if you investigate you will find cases even older than that one…

    ….they love to abuse human rights on the island, they get a malicious thrill from abusing each others rights, you really think they want to give that up.

  7. Well Well & Cut N' Paste At Your Service Avatar
    Well Well & Cut N’ Paste At Your Service

    For those missing the point….the issue is not if she was robbed, the issue at hand is:

    THE POLICE….gave specific guidelines and instructions to the public AFTER the female was killed in an attempted robbery at that SAME ATM…months ago.

    The issue at hand is McClean has access to security for her own personal safety.

    The issue at hand is McClean ignored all instructions from the POLICE and ignored her own access to security for her own safety.


  8. Since politicians in Barbados walk around with legal guns, there goes a gun, and cash,” in advance” to the setting up of violence. Did the MoF slip,and give away a heads-up on the violence to come.

  9. Well Well & Cut N' Paste At Your Service Avatar
    Well Well & Cut N’ Paste At Your Service

    One thing’s for sure, not one of those ministers can be trusted at any time…..and particularly not at this time.

    ,… assume every word that is coming out of their mouth is a lie, because it is.


  10. Yesterday evening Senator Maxine McClean was robbed outside an ATM by a male wearing a ski mask ๐Ÿ˜ท and fitting the description of ..Artax !!

    I hope he get loss way in jail .


  11. @ Fractured BLP February 11, 2018 at 1:02 AM #

    Stop it – lol

  12. Barbados Underworld Whistleblower Avatar
    Barbados Underworld Whistleblower

    @ Hal Austin

    You guys have missed the boat.

    if you read the article that appeared in Barbados Today it was not ONLY Jimmy Thorne in addition he was AIDED by other Barbados stinking police in their actions to set this man up.

    First time I heard about this case was when I read on Barbados Today online.

    However I know from personal experience having been setup by Barbados Police and evidence being planted they work together as a pack to destroy others.

    The corruption and disease in the Barbados Police Force is at epidemic proportions.

  13. Well Well & Cut N' Paste At Your Service Avatar
    Well Well & Cut N’ Paste At Your Service

    Let’s hope no innocent young Black man gets tossed in jail and beaten because the police gets unleashed on a real, imagined or contrived wild goose chase for this “masked man”.

    As long as Fractured Yardfowll appears on BU, the story gets sketchier and sketchier.

    Desperation and a history of lies and deceit makes this government more and more sรนspect and the “masked man” looking more and more like Fractured or Carson Yardfowls.

    … the electorate has to stand it’s ground against ministers hellbent on fooling them a THIRD TIME…to hold on to power..


  14. โ€œโ€ฆโ€ฆโ€ฆ. some one-dimensional bloggers have been concentrating on the economy, which most of them do not fully understand, with some even stubbornly confusing the economy with the stock market and do not understand the significance of a forensic audit while others claim that Logic is not a key part of philosophy, talk mumbo jumbo about the valuation of listed companies, and other rubbish which they post with enormous force and confidence.โ€
    +++++++++++++++++++++++

    At least these “one dimensional bloggers” do not profess to be MORE INTELLIGENT or SELF PROCLAIMED FINANCIAL GURUS, but they โ€œunderstand the significance ofโ€ NOT advising their wives to buy $1,000 time shares in Divi Southwinds and then letting all and sundry know STUPID they are by posting the shiite to BU.

    Hahahahaha
    Uh lie?

  15. Well Well @ Cut and Paste @ Your Service Avatar
    Well Well @ Cut and Paste @ Your Service

    looking at the FACTS;

    the govern last week legislated an abuse of power;

    violation of the constitution;

    …and

    violation of human rights BILL….. just last week

    Adriel Nitwit projected an image that the island has devolved into such utter danger, criminality and chaos, that the government abuse of powers BILL is necessary

    yet the same week, McClean a well known minister, without any thought for her safety or Adriels BILL, remember what Adriel Nitwit projected, goes to an ATM by herself, with no security, no one accompanying her …where she knows a murder was committed months earlier.

    So, who is lying, McClean or Adriel Nitwit.

    pay close attention to and watch out for a DAILY avalanche of deceit and lies coming from this government, leading up to election.


  16. I know some people find it difficult understanding the basics of the English language. For someone to be ‘self-proclaimed’, it means they must have claimed such status or knowledge for themselves.
    Give example, a single example, of anyone who claims to be a financial guru. Just a single example. For someone who claims to be a chartered accountant, I am amazed by your stupidity. Do you have private clients, or do you8 work for a company?
    It is not surprising that you masquerade under a nom de plume. You are not fit to be a clerical assistant, far less a book keeper.
    I made a reference about making a down payment on a timeshare of about Bds$1000 (ยฃ300), but when and where did I say it was Divi Southwinds? More important, what or where is Divi Southwinds?

  17. Well Well @ Cut and Paste @ Your Service Avatar
    Well Well @ Cut and Paste @ Your Service

    Fractured Liar…..Dottin spills the beans..the desperate distractions of government are ALL falling flat…lol..give it up, have some dignity.

    http://www.nationnews.com/nationnews/news/128562/watch

    ` Former Commissioner of Police Darwin Dottin has categorically denied being involved in any illegal wiretapping during his tenure as head of the Royal Police Force

    Breaking his silence, Dottin revealed that not only was wiretapping used by the force as a criminal investigative tool since 1991, but noted that current Prime Minister Freundel Stuart, as well as the late former Prime Minister David Thompson each knew about the technique `.

  18. Well Well @ Cut and Paste @ Your Service Avatar
    Well Well @ Cut and Paste @ Your Service

    Again, this is government and the health ministry not doing their jobs, they are aware of the distribution of fake medicine on the island..

    …they know who all the people are behind these crimes are..

    http://www.nationnews.com/nationnews/news/128565/danger-meds-black-market

    they know its certain pharmacy owners, private clinic/hospital owners funding…and certain doctors writing these bogus prescriptions, yet Adriel Nitwit refuses to investigate or arrest anyone…the health ministry refuses to act.

    Abortion pills, sexual enhancement drugs; weight loss pills and various pain killers are among a host of prescription only drugs which are being sold on what has become a thriving pharmaceutical black market in Barbados.
    Sources told the Sunday Sun that persons looking to make a quick buck were ordering these drugs online from places such as China and India and selling them to unsuspecting Barbadians at less than half of what they would cost through legitimate sources.
    โ€œIt is a dangerous practice,โ€ a medical source said. โ€œThere are lives at risk. Just like how Rihannaโ€™s uncle got charged with for selling fake Pumas, we want some people brought before the courts for selling these drugs, some of which are fake,โ€ the source added
    .


  19. You should be more amazed at your stupidity and your stupid wife for taking your advice and investing $1,000 in Divi Southwinds time shares and subsequently losing the money.

  20. Talking Loud Saying Nothing Avatar
    Talking Loud Saying Nothing

    Interesting parallels with Costa Rica, a country that i often trumpet.

    That we have a counterfeit industry that is booming and a government unwilling to root it out at source speaks volumes. Barbados has become a country for bandits.

    http://www.aljazeera.com/news/2018/02/costa-ricas-rising-murder-rate-worries-voters-180206095252948.html


  21. RE what or where is Divi Southwinds?

    A HOTEL EXTENDING FROM ST LAWRENCE MAIN ROAD BACK TO ST LAWRENCE GAP AS I REMEMBER IT

    WE SOLD A LOT OF OUR FARM PRODUCE THEREAT


  22. Georgie Porgie

    He knows exactly where Divi Southwinds is located.

    He posted a contribution to this forum in which he bragged he and his wife invested $1,000 in Divi Southwinds time shares and subsequently lost the money.

    I will post the contribution.


  23. Hal Austin criticizes BU and the blog-master on a DAILY basis, while using pejorative statements to insult contributors and deeming them to be stupid.

    Yet, Hal Austin in all his wisdom and knowledge about everything, comes to BU everyday to trade insults with the same stupid contributors. (Yuh should leff dat sort uh tโ€™ing to igrunt people like me).

    I guess this makes Hal Austin the WISEST MAN in the world.


  24. Interesting point confirmed today, the Governor General has it within her remit to withhold assent. Interesting because some are of the view the position is only ceremonial.


  25. I am told that some Integrity Legislation has been passed by both Houses of Parliament but the then Governor General did not assent. Is this true?


  26. Has the Barbados Labour Party commented on this new Police Act? If so what is its position?

  27. Well Well @ Cut and Paste @ Your Service Avatar
    Well Well @ Cut and Paste @ Your Service

    why would the retired GG not assent to integrity legislation for all the time he was there and as a former judge..

    why would the current GG, as a former judge, assent to legislation that defies and violates the constitution, human rights, defies logic and promotes governmental and police abuse of powers.

    ah guess we will see.

    if true..why is it not public knowledge that the final say rests with GGs..i have been asking how much powers they have outside of proclaiming legislation to law.

    again, no existing FOIA..these lodge clowns and their secret society, which has no place in the peoples business.


  28. @Ping Pong

    Mia Mottley referred to the matter when the press posed the question at a BLP press conference last week.

    https://soundcloud.com/voteblp/press-statement-by-mia-mottley-qc-mp


  29. Thanks David. If history is a good guide, should the amendments be enacted (proclaimed) and the BLP becomes the next administration, there will be NO change. Remember the Public Order Act and the Constitutional Amendments with regard to the appointment of judges.

    The only consistent principled and transparent position in this matter is the one taken by David Commissiong which is ironic given his support for Maduro in Venezuela.


  30. @Ping Pong

    With the back and forth about corruption every general election cycle have we ever had one imprisoned or even a fine levied? We are so gullible as a people. They relax on their patios with bigmout drinks and oletalk in the mess room in parliament, play dominoes, marry into family and through it all the gullible citizen is the constant.

    #nothingwillchange


  31. Georgie Porgie February 11, 2018 at 11:26 AM #

    A HOTEL EXTENDING FROM ST LAWRENCE MAIN ROAD BACK TO ST LAWRENCE GAP AS I REMEMBER IT(Quote)

    I have never had anything to do with any such business which is in or backs on to St Lawrence Gap. Apart from hurling abuse, if a so-called professional person is making up this kind of information, it makes you wonder about their professional integrity.
    Clients should be wary of doing business with any such person.


  32. David wrote ” They relax on their patios with bigmout drinks and oletalk in the mess room in

    parliament, play dominoes, marry into family and through it all the gullible citizen is the

    constant.”

    nuff said!


  33. RE the Governor General has it within her remit to withhold assent. Interesting because some are of the view the position is only ceremonial.

    YOU DO KNOW THAT SANDRA IS A DEE…….AND THAT IN THE BLP REIGN THEY KEPT HER DOWN……..SHE TOLD ME SO HERSELF IN 2001 OUTSIDE SURFSIDE GYM

  34. Well Well & Cut N' Paste At Your Service Avatar
    Well Well & Cut N’ Paste At Your Service

    Mia is very articulate in her delivery, that is the sign of a very clear mind.

    It would be a travesty if she does not strive to want to leave a lasting, clean legacy as a forward thinking and proactive, no nonsense prime minister…with the ablility to capsize the putrid, centuries old status quo, clean up and give the majority population a fresh start.

    Clean up the repulsive political degradation and corruption practiced by various government ministers and senators, that has consumed the parliament for the last 5 decades..if she is unable to do any of this, she will be wasting time and taxpayer’s money.

  35. Well Well & Cut N' Paste At Your Service Avatar
    Well Well & Cut N’ Paste At Your Service

    GP my friend, ya just told her who ya are.

  36. millertheanunnaki Avatar
    millertheanunnaki

    @ Hal Austin February 11, 2018 at 1:43 PM
    โ€œI have never had anything to do with any such business which is in or backs on to St Lawrence Gap. Apart from hurling abuse, if a so-called professional person is making up this kind of information, it makes you wonder about their professional integrity.
    Clients should be wary of doing business with any such person.โ€

    So why donโ€™t you set record straight and in true โ€˜trained-journalistโ€™ style tell the BU โ€œsemi-literatesโ€ exactly where those condos were in which your darling wife was invited to have a โ€˜treatโ€™ of contractual fun?

    If not Divi Southwinds, where on the South coast (without the sewage) was your wife invited to pay $1,000.00 for fun and games in the sun?

    Some where on the St. Lawrence Gap, the haunt of hustlers well known by our own Lawson?

    thensueArtax and Bushie


  37. Isnโ€™t it interesting the Prime Minister and government to a Mann- many who are lawyers- concur the Amended Police Act does not contravene our Constitution. All others including the Bar Association says no- many who are lawyers.

    Pick sense from it all.


  38. Millertheanunnaki

    I do not care anything about Hal Austin or what he writes about meโ€ฆโ€ฆ.and there isnโ€™t anyone who contributes to BU that hurls more insults and sarcastic, pejorative remarks than him.

    HE IS LIARโ€ฆโ€ฆ.the arrogant s.o.b posted a contribution to this forum in which he mentioned he and his wife invested $1,000 in Divi Southwinds time shares and is now stating that he does not know where that hotel is located.

    And I will constantly remind him of his folly.

    What he should concern himself with is trying to recover the $1,000 the SO-CALLED financial advisor, financial journalist and his wife lost, rather than insulting someone he deems to be stupid.

    Losing his money in a shiite scam and engaging an idiotโ€ฆโ€ฆwhat does that says about his character? That he is even more stupid. He is an old man and my 9 year old son acts much more maturely than him.

    And yes, Millerโ€ฆโ€ฆโ€ฆ.he should sue Bush Tea and me.

  39. millertheanunnaki Avatar
    millertheanunnaki

    @ David February 12, 2018 at 7:37 AM

    Wasn’t a similar divisively position taken, supported by similar arguments, to justify the introduction of the fingerprinting of citizens leaving and returning to the Island except those designated as members of the local privilege class as if only criminals of potential wrongdoers live among the hoi polloi.

    Wasnโ€™t the fingerprinting thingie touted as vital to the countryโ€™s security and the key ingredient to stem cross-boarder criminality and to keep an effective database to track down local criminals?

    Wasnโ€™t the same argument posited that if Bajans can travel overseas and have their fingerprints taken why not submit to similar local procedures in the absolute need to fight crime?

    Now where has that grand crime-fighting programme disappeared to? Hasnโ€™t serious criminal activities and the threat of terrorism in the neighbouring countries escalated since the fingerprinting thingie has gone undercover?

    Is this a strategy to divert attention from the collapsed South coast sewerage system with the shit hitting the spinning economic fan and its collateral damage to the wider economy just around the corner?


  40. Artax February 12, 2018 at 8:01 AM #

    HE IS LIARโ€ฆโ€ฆ.the arrogant s.o.b posted a contribution to this forum in which he mentioned he and his wife invested $1,000 in Divi Southwinds time shares and is now stating that he does not know where that hotel is located.(Quote)

    I am aware that in your haste to score points you fabricate. I have said that I lost the down payment on a timeshare in Barbados (about ยฃ300), but nowhere did I say it was with DiviSouthwinds. I do not know anyone at DiviSouthwinds, and have never done any business with any company in the St Lawrence Gap area.
    Your persistence with lying says a lot about you as a man, I guess in his mid-50s, who claims to be a charted accountant (thus a professional person).
    As a young professional person, who benefited from the Barrow dividend (free secondary education) your role in this blog should be to assists in raising the level of debate, educating the public about business in particular, and finance in general. You do not. Either you do not think it important, or it is beyond you.
    If you know the timeshare was a scam, then it must have came out of your business experience. My argument was different, about a cooling off period and consumer protection.
    As a person I do not care about you, what I do care about is someone who quite clearly from your contributions on this blog is not fit, in my view, to be an accountant and the likely quality of service you give to your clients.
    An accountant who does not know the role of forensic auditing; an accountant who cannot tell the difference between the economy and the stock market; an accountant, with a UK qualification, who does not know the disciplinary body for your profession in the UK.
    All these are things you have revealed about yourself in this blog and each one of which should disqualify you from the profession – ignoring your profanities, which alone bring the profession in to disrepute…


  41. โ€œAn accountant who does not know the role of forensic auditing; an accountant who cannot tell the difference between the economy and the stock market; an accountant, with a UK qualification, who does not know the disciplinary body for your profession in the UK.โ€

    Hal Austin

    Prove your above comments!!!!!


  42. What you need to do is recover the $1,000 you lost as a result of investing in Divi Southwinds time shares.


  43. And I want you to indicate where in ANY contributions to BU I used profane language, other than the word “shiite” (an adherent to Islamic Shia), which most people use in this forum.

    Prove everything you have written about me.


  44. ARTAX

    THE ONLY profane language, OR VILE LANGUAGE other than the word โ€œshiiteโ€ useD in this forum IN WHEN I SAY THAT SHITBAMA IS A BULLER………EVERYTHING ELSE IS OK.


  45. HE IS LIARโ€ฆโ€ฆ.the arrogant s.o.b posted a contribution to this forum in which he mentioned he and his wife invested $1,000 in Divi Southwinds time shares and is now stating that he does not know where that hotel is located.(Quote)

    Are you sure you are an accountant?
    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.

  46. millertheanunnaki Avatar
    millertheanunnaki

    @ Hal Austin February 12, 2018 at 8:17 AM
    โ€œI am aware that in your haste to score points you fabricate. I have said that I lost the down payment on a timeshare in Barbados (about ยฃ300), but nowhere did I say it was with DiviSouthwinds. I do not know anyone at DiviSouthwinds, and have never done any business with any company in the St Lawrence Gap area.
    Your persistence with lying says a lot about you as a man, I guess in his mid-50s, who claims to be a charted accountant (thus a professional person).
    As a young professional person, who benefited from the Barrow dividend (free secondary education) your role in this blog should be to assists in raising the level of debate, educating the public about business in particular, and finance in general. You do not. Either you do not think it important, or it is beyond you.โ€

    Why don’t you stop with disingenuous bullshit and deal with the meat of the matter?
    Whether it was Divi Southwinds or Ding Ding Place on the West Coast the point is that you were swindled- aka financially screwed- despite your self-proclaimed genius as a financial guru, forward thinking economist, as a topnotch analyst and polymath in all things in the world of journalism.

    You are constantly personally attacking poor Artax the same way you attacked the miller without knowing two shits about us. So here is a bit of tit for tat:

    Why donโ€™t ask your missus who was the teacher who used to put a smile on her face after she was taken to heaven regularly by a stallion while you as the Chihuahua โ€˜cockyโ€™ dickhead has to sing that song made rather popular by Tom Jones: โ€˜Laura, tell me what he has got that you (shallow Hal) ainโ€™t gotโ€™.


  47. @ Artax why the puck should you care what others care about you writing shiite.

    This is a free wrasse whole blog. lol

    Note a wrasse is a fish.


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

    โ€œI 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.

    Nowโ€ฆ.read the below contribution written by Hal Austin:

    โ€œHal Austin February 11, 2018 at 9:40 AM #: I made a reference about making a down payment on a timeshare of about Bds$1000 (ยฃ300), but when and where did I say it was Divi Southwinds? MORE IMPORTANT, WHAT OR WHERE IS Divi Southwinds?โ€
    ++++++++++++++++++++++++++++++++

    Hal Austinโ€ฆโ€ฆyour comment re: โ€œI 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 languageโ€โ€ฆโ€ฆ..

    โ€ฆโ€ฆโ€ฆis justifiably applicable to you.

    It did not take long for you to prove to this forum that youโ€™re a notorious liar.

    Hahahahaha
    Uh lie?


  49. Miller

    Hal Austinโ€™s attacks do not bother me and so far I have done an exceptional job exposing him for the fraud and liar he is.

    However, Millerโ€ฆโ€ฆ.you and anyone reading this forum can judge for yourselves if I donโ€™t know โ€œthe role of forensic auditing.โ€

    Just in case he denies anything I have writtenโ€ฆโ€ฆโ€ฆthe following are excerpts from Hal Austinโ€™s contributions to the article โ€œA Citizenโ€™s response to the newly amended Police Act,โ€ by David Comissiong.
    ++++++++++++++++++++++++

    Hal Austin January 14, 2018 at 6:27 PM #

    โ€œThe main purpose of a forensic audit is a detailed examination of a firmโ€™s financial health for regulatory purposes, which could include for presentation as evidence before a tribunal.โ€

    โ€œHowever, if during the forensic audit they came across any suspicious evidence, or a prima facie case of wrong doing, they could (and should) pass the details on to the prosecution authorities ie the DPP, for further action.โ€

    +++++++++++ +++++++++ ++++++++

    I responded as follows:

    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; Canadaโ€™s CGA or UK ACCA), but no significant differences. Included are guidelines on โ€œConfidentialityโ€ and disclosure of clientsโ€™ information to third parties.

    For example, the Forensic CPA Societyโ€™s CODE of ETHICS mentions: โ€œA FCPA shall hold CLIENT INFORMATION to the HIGHEST STANDARD of CONFIDENTIALITY. An FCPA shall divulge all matters discovered during his or her investigation TO the client. He or she SHOULD NOT SHARE this information with OTHERS WITHOUT PROPER AUTHORIZATION and PERMISSION from the client.โ€

    There are instances where disclosure is permitted, for example: (a) if authorized by the client (b) if authorized by law [e.g. money laundering]. However, there are CERTAIN POINTS to be CONSIDERED if a FA determines confidential information should be disclosed.

    For example, the FA must consider whether all the relevant facts are known and substantiated, to the extent it is practical to disclose the information. If the situation involves unsubstantiated fact or opinion, the FA is required to use his/her professional judgment to determine the types of disclosures to be made. Additionally, the FA should consider the need to take professional legal advice and/or consult with an appropriate organisation before disclosing any information.

    Hence, the issue of disclosure is not as simple as you are making it out to be. And this is where your comment re: โ€œHowever, if during the forensic audit they came across any suspicious evidence, or a prima facie case of wrong doing, they could (and should) pass the details on to the prosecution authorities ie the DPP, for further action,โ€ comes under scrutiny.

    โ€œSuspicious evidenceโ€ is basically an assumption and not fact. It becomes fact โ€œwhen the all the relevant facts are known and substantiated.โ€ You are essentially suggesting if a FA discovers โ€œsuspicious evidence,โ€ he/she should go โ€œstraight up the ladderโ€ to the DPP, while ignoring if all the relevant facts are known and substantiatedโ€ฆ. the rules that guide his/her professional conductโ€ฆ.. the policeโ€ฆโ€ฆ or in the absence of laws requiring the FA to disclose such information.

    If the FA uses his PROFESSIONAL JUDGMENT to DISCLOSE โ€œsuspicious evidence,โ€ BEFORE DOING SUCH, he/she should SEEK LEGAL ADVICE.


  50. As it relates to his mentioning I donโ€™t know anything about auditing:

    Hal Austin January 15, 2018 at 6:06 AM #

    โ€œAs to the responsibilities of an auditor, I said: โ€œAuditors in the UK have an expressed duty to report any suspicions to the regulator without informing their clients.โ€

    โ€œAuditors do report to management, their clients, but it is not an exclusive duty. If that is the case in Barbados it is further evidence of the incompetent regulatory system.โ€
    +++++++++++++++++++++++++++++++++++++++
    I responded as follows:

    Artax January 15, 2018 at 11:48 AM #

    Auditors perform a number of functions, which include the unqualified audit report, compilation of financial information, agreed upon procedures, reviews, reviews of interim or prospective financial information or other special purpose engagements.

    The basic job of an auditor to express an independent OPINION if the financial statements of a company were prepared in accordance with the relevant financial reporting framework, (e.g. the GAAP or SAP); prepared in accordance with the requirements of the Companyโ€™s Act; whether they are free of material misstatements and is a fair representation of the companyโ€™s financial position at the end of the financial year under review.

    AN AUDITOR IS NOT RESPONSIBLE FOR PERFORMING PROCEDURES TO DETECT FRAUD UNLESS THE FRAUD HAS OR WILL RESULT IN MATERIAL MISSTATEMENTS TO THE FINANCIAL STATEMENTS, they should report identified or suspected fraudulent activities TO the APPROPRIATE LEVEL of MANAGEMENT and THEY ARE NOT ALLOWED TO REPORT FRAUD TO PARTIES OUTSIDE THE ENTITY DUE TO THE PRINCIPLE OF CONFIDENTIALITY.

    However, an auditor is OBLIGATED to REPORT IDENTIFIED or SUSPECTED FRAUD IF REQUIRED TO DO SO BY SPECIFIC LEGISLATION, which will OVERRIDE the PRINCIPLE OF CONFIDENTIALITY.

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