Discontinue the Criminal Proceedings Against Felisha Holder

DAVID A. COMISSIONG, President, Clement Payne Movement, Citizen Advocate

In light of the revelations contained in the newspaper article titled Long-time concerns about Coverley junction design and published in the Sunday Sun of 25th March 2018, I would like to make a public request to Director of Public Prosecutions— Ms Donna Babb — to utilize the power granted to her under Section 79 (2) (c) of the Constitution of Barbados to immediately discontinue the criminal charge of causing death by dangerous driving that was recently preferred against Ms Felisha Holder in relation to the death of her son, Abijah Holder-Phillips, in a tragic motor-vehicle accident three years ago.

The Sunday Sun article revealed the existence of no less than three official Ministry of Transport and Works (MTW) documents that unequivocally testified to the fact that the manner in which Mr Mark Maloney’s company had designed and constructed the entrance (unto the ABC Highway) of The Villages housing project at Coverley in Christ Church was inappropriate, deficient, and challenging or dangerous for motorists.

These documents are as follows:-

(1) A Ministry of Transport and Works  file No 32211 Vol 4 (a file that pre-dated 2012-03-07) in which it was recorded at Minute 161 that “the entrance is not well designed, and it utilizes the hard shoulder which as designed creates a challenge for motorists” ;

(2) A Memorandum dated 7th March 2012 from Mr Frank Thornhill, the then Chief Technical Officer of MTW to the Chief Town Planner of Barbados, in which Mr Thornhill not only apprises the Chief Town Planner of the above-mentioned negative assessment of the design, but also goes on to reassert that the design “encroaches on the road shoulder“; and

(3) A July 2015 letter of Mrs. Cheryl Bennett-Inniss, written in her capacity as the then Deputy Chief Technical Officer of MTW, to the Permanent Secretary of MTW, refuting Mr Mark Maloney’s untruthful claim that it was the MTW that had designed the controversial junction, and also making the point that the design of the junction was “deficient”.

In light of the foregoing, it would seem to be the case that Ms Felisha Holder was- in the words of William Shakespeare- “more sinned against than sinning”.

Indeed, it would appear that Ms Holder and her precious eleven year old child– Abijah — were victims of a deficient and dangerous stretch of roadway.

Furthermore, how heartless is it for a supposed “Justice” system (and those human beings who operate it and make the decisions) to bring such a charge against a mother some three years after the tragic and traumatic incident.

Ms Holder would have spent the last three years trying to process and come to terms with the profound feelings of grief generated by the tragic death of her child. And now here comes “the system”– three years later — opening up all the old wounds again!

Well, Section 79 (2) (c) of our national Constitution provides that “the Director of Public Prosecutions shall ….. have power in any case in which he considers it desirable so to do —

(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.”

Now, I am not aware as to who was responsible for instituting these criminal proceedings against Felisha Holder — whether it was the Commissioner of Police, the DPP herself, or some private individual. But what I do know is that Ms Donna Babb, our newly appointed DPP, has the power to bring the said proceedings to a halt.

And in the name of justice, decency, and humanity I call upon Ms Babb to do precisely that! Discontinue these heartless criminal proceedings against this young mother of our nation!

48 comments

  • pieceuhderockyeahright

    This dismissal of this case WILL NOT HAPPEN SINCE IT IS THE OBJECTIVE TO HAVE THE MATTER DISMISSED BEFORE THE BLP GETS IN POWER.

    The fact is that once the matter is heard AND DISMISSED, Maloney et al cannot be rightfully enjoined for the contributory promontory WHICH IS HIS FEAR AND THE REAL REASON THE CASE IS BEING FORCED AT THIS TIME.

    Please do not mention Frank Thornhill s name as it relates to legal and illegal structures.

    This is the sam3 man who permitted the building of an illegal structure in St James? which flooded out a black man and other residents but can sit back and do nothing when a Bajan buckra johnie constructs a murder island

    Steupseeee….

    Like

  • Well Well & Cut N' Paste At Your Service

    I think that next court date for the mother is in May, the case cannot get a judgement before the election, Fruendolittle and his demons can delay all they want, the mother should not have been charged and was charged because of the weaknesses in the DPPs office….

    ……and because Maloney thinks he owns the island, he knows he owns stupid government ministers and decided to build a deathtrap to show the people he is the boss of them….and can get away with causing a child’s death or anyone’s death.

    These are the injustices on the majority population I speak about coming out of a blighted parliament filled with ministers who collude with criminals to disadvantage their own people.

    The evidence and proof is as plain as day and available for the DPP to read, any lay person without a law degree can see it and understand the significance of such evidence….so why would any lawyer have a problem processing that information in their minds…particularly in the DPPs office.

    …. one just needs to drive on that stretch of road to see that Maloney maliciously and willfully designed and built a deathtrap for motorists and the evidence clearly shows that he lied on MTW and lied to Town Planning about it. …what more would the DPP need.

    Like

  • Before or after elections ( ef he ever call them) I still want to see Barbadians come out and flood the precinct of the courts in support of the sister/ in objection to blatant wickedness.

    Like

  • the evidence clearly shows that he lied on MTW and lied to Town Planning about it. …what more would the DPP need.

    Is it not also alleged that he told (by Town Planning?) to remove the offending structure at some point, and he has ignored the order to correct the situation?

    Like

  • First sentence shoud read, “he was told”.

    Like

  • I fully endorse the sentiment of this post! If there is any decency left in Barbados, this abhorrent charge would be discontinued and the design of the Coverley junction corrected.

    Like

  • @Green Monkey

    If this is true who should we blame?

    Like

  • Well Well & Cut N' Paste At Your Service

    Green…that too, Maloney refuses to remove the dangerous structure at the coverley entrance, just like he refused to remove the illegal cement bond on spring garden when ordered to do so by town planning, he even publicly called for the head then Cummins at town and planning to be fired fir getting in his way, he has since added to that structure….. he cannot be allowed to continue believing he can do anything illegal, break any law on the island and have someone else charged for his illegal actions, commit any crime without consequences because he owns and bribes government ministers and politicians…

    …..this blatant disregard for the lives of the majority population by government ministers in parliament and those who bribe them, has to end.

    I have never seen anything this vile and in your face like the crimes Maloney, Cow, Bizzy, Bjerkham, Tempro etc are allowed to commit against the population and are protected by black governments…this is evil at its most potent.

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  • @Green Monkey
    If this is true who should we blame?

    As to laying blame and assessing responsibility, I favour using the same aproach as naval and marine authorities use when assessing ultimate responsiblity for disasters at sea caused by crew incompetence or F-ups. E.g., in a hypothetical case a ship ends up holed in the hull and grounded on a reef because the helmsman was drunk on watch and and mistook East for West when checking the compass bearing. Consequently he steered the ship onto a reef.

    The Captain will be the one left ultimately holding the bag even if he was not on the bridge but asleep in his cabin at the time of the grounding for, in simple terms, not running a “tight ship” and being such a slack ass captain that a drunk helmsman could be allowed to stay at the wheel without being detected and immediately replaced before any damage could be done.

    I think we should follow the recent example of the US Navy when it was reported that following the investigations into the collisions as sea by several US Navy ships not just the ship captains, but the Admiral in charge of that whole fleet got the sack. I say we also sack Admiral Fumble.

    Like

  • Thanks, we tend to focus on the wrong people because of narrow agendas.

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  • de pedantic Dribbler

    Mr Blogmaster and GreenMonkey absolutely well stated.

    There are times when matters seem completely nonsensical to me…and this is one of them.

    If MTW and TP have instructed a private contractor to remove what they deem to be a hazard and he refuses and then those govt authorities DO NOT enforce their judgement who shoukd be ultimately blamed as @Green noted!

    How many cases are on record where TP have demolished home structures which they deemed were too high, or a guard wall they authored encroached on the road reserve or similar! Yet this matter stretches many years.

    And @Pieces makes a compelling case above. Alas this grieving lady may be a pawn in a freaking major “navy” style reef hitting accident…. in this case I do hope that in the end she can level a civil suit and gets some recompense…but it seems that may be circumscribed if she is found guilty…Clearly method to this madness by Ms Babb’s bosses!

    Like

  • Well Well & Cut N' Paste At Your Service

    Green…the electorate MUST punish this outgoing government very severely for this very clear abuse of the DPPs office and the court system to imprison this mother so as to protect Maloney from being charged and sued for his negligence in designing and illegally building the coverley death trap for motorists on the island ….and in so doing is also protecting government from a lawsuit for not protecting the citizens on the island from the likes of Maloney…and their criminal acts against the citizens.

    The government is negligent to allow business people to control the government, control how the country is managed and give free rein to these people to commit crimes and break laws and procedures without consequences..

    ……if for noother reason….this is the main one for the electorate to make absolutely sure this government gets not one seat for the election and cannot be reelected.

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  • Talking Loud Saying Nothing

    If one read last Sunday’s, The Sunday Sun. It becomes evident to the reader that the Coverley junction design is both an illegal structure and a death trap fraught with danger to both driver and pedestrian.

    The Ministry of Transports and Works’ (MTW) stated that they played no role in the development of the jucntion. It is claimed by Maloney that the design of the junction was carried out by the MTW which was refuted by a Bennett – Inniss (Deputy Chief Technical Officer with responsibility for design services).

    Maloney, in his defence also claims that the Coverley junction design was no different in its design to other junctions that have been designed by the MTW.

    Inexplicably, even the death of this child and no doubt a high number of unreported near misses has not led to the demolition of this deathtrap. Michael Lashley, the minister of the MTW, informed the Nation’s reporter that he had no information to give and passed the baton over to Simone Rudder the Permanent Secretary, who could not be contacted.

    It would appear that this government has no intention to enforce the law and remove – immediately – this deathtrap of an illegal structure. No intervention from the thousand plus lawyers who reside on the island and no justice for Felicia Holder.

    When an individual feels that they have the power to trample over the laws and procedures of our constitution then we are all in trouble. We are in a very dark place.

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  • How, pray tell, does a wholly owned subsidiary TELL the holding company to remove a structure?

    The Barbados government is a wholly owned subsidiary of Baloney and Co.
    While the PR messages are issued by the subsidiary company, COMMON SENSE dictates that the messages are crafted and issued by the holding company.

    See if wunna can understand ‘DLP happenings’ a bit better now….

    If you sell your donkey to the Devil, expect to have demons on your back.

    Like

  • Once again, Mr Comissiong appears to be only practicing attorney with a social conscience. Is it that he cares more about representing the downtrodden than robbing little old ladies and senior citizens of their inheritance? Is it just a coincidence that we see him speaking out and representing social issues as a lone voice while collectively, we can see so many other attorneys going before the courts for misrepresenting their clients interest, finances and property matters?

    I join with those who see this charge against the mother as frivolous, heartless and uncaring while Mr MM walks around apparently insulated with multiple coats of Teflon. Maybe he and the leper have the same tailor.

    Liked by 1 person

  • Well Well & Cut N' Paste At Your Service

    “No intervention from the thousand plus lawyers who reside on the island and no justice for Felicia Holder.”

    The ministers should be severally and jointly sued for this level of corruption and negligence against the citizens..that is what angers the shit outta me…there are precedents to be set on the island and only Commisiong and a few others bother themselves…all the other lawyers sit on their asses and hands waiting to victimize their clients.

    “Joint and several liability. Under joint and several liability or all sums, a claimant may pursue an obligation against any one party as if they were jointly liable and it becomes the responsibility of the defendants to sort out their respective proportions of liability and payment.”

    Like

  • As I said before and I am saying it again “You cannot have a lay-by stretching from one round-about to another and in between have an obstacle projecting out meeting the marked area provided for vehicular traffic. Any fixed structure should on a high speed stretch of road should be no less than six feet. Another problem is pedestrian having to risks – either walk in the path of traffic or vehicles entering or exiting the housing complex.
    My summation, place the triangular enter/exist back 6-8 feet. Problem solved.

    Like

  • Commisiong, I applaud your tenacity in fighting the establishment for justice. Ignore those who feel that it is political. If things wrong, we need a saviour to show us the light.

    Liked by 1 person

  • Well Well & Cut N' Paste At Your Service

    Government has a care of duty and responsibility to protect citizens from criminals like Maloney et al and not join forces and collude with them to kill and destroy citizens.

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  • millertheanunnaki

    @ de pedantic Dribbler March 27, 2018 at 7:32 AM
    “How many cases are on record where TP have demolished home structures which they deemed were too high, or a guard wall they authored encroached on the road reserve or similar! Yet this matter stretches many years.”

    You have hit the nail ‘squarely’ on its head. Let another ‘private’ but ordinary person with no political strings because of their inability to make large financial contributions try that stunt of constructing an illegal structure and see how fast the same MTW’s resources would be mobilized to remove that same structure post haste.

    Just hire a JCB and try to do the job of an upright citizen by wanting to remove that illegally constructed hazard containing another fatal accident waiting to happen and you would see how quickly these same regulators and authorities would use their good offices to have the same laws and regulations fall swiftly and heavily on your good citizen’s head.

    The same politically-curtailed unenforceable regulations which have given rise to the lawlessness prevailing at that gate leading to the Wild West situation at Coverley are the same conditions that gave birth to and maturation of the CLICO scam of a Tasmanian devil now plaguing the entire financial ecosystem.

    Maybe the same CTO and CTP saw what happened to the uppity Vernese and the dismissed CoP in trying to enforce the ‘rule’ of laws and regulations and decided not to suffer the same fate.

    Like

  • I have to agree wholeheartedly with Mr. Commissiong.

    Liked by 1 person

  • Well Well & Cut N' Paste At Your Service

    The upcoming election is when the start of punishment is due for this gang of demon possessed black men and women loitering in the people’s parliament for the last 10 years calling themselves ministers and senators……..

    …… from the CLICO and Cahill scams to the death of that child and arrest of his mother, to neglect of the island’s infrastructure, to all the taxpayer’s and pensioners missing money, to the Paradise scam and everything evil they committed in between against the citizens….the list is long and only the electorate can start the process of punishment…that more than anything else is why Fruendolittle is delaying and drawing out the inevitable.

    Like

  • Isn’t the island at the exit of the Belle to the ABC highway presenting a similar problem?

    Liked by 1 person

  • Well Well & Cut N' Paste At Your Service

    According to town and planning, the parameters at the Belle exit are well within the legal requirements. …Maloney’s illegal design is not.

    http://www.nationnews.com/nationnews/news/141595/-concerns-about-coverley-junction-design

    Like

  • Me toooooooooooooooo!

    Drop the charges

    They were only filed in the first place because Ms Holder was unlikely to be one of the elites.

    Like

  • Frank Thornhill as CTO of MTW, Philip Tudor and others officials told Alden Blackman that a private road, built by a white Ex-pat, in, and across a watercourse between Chapel Gap and Clarkes Rd in St James, is illegal, said road BLOCK,and REDIRECT flooding to the black low working class residents of Clarkes Rd. Yet, CTO Frank Thornhill ignored the pleas of Blackman for years, and allowed the retention of said illegal private road. In 2012, CTO Frank Thornhill send workmen from MTW to pave said illegal private road,under the watchful eyes of George Hutson, the then MP for St James Central. Clarkes Rd is the new watercourse,

    Like

  • I’ve said it before and I’ll say it again, in as much as the blame can and must be laid at the feet of those whom we elect to run ours affairs as parliamentary representatives we’re to be blamed for much of the shit we suffer. I’ve witnessed the advancement in life of many Barbadians since the ’70s when I was a boy, but for Christ sake, Wunna won’t get up off yuh ass and demonstrate to the powers that be that they are only there but for us Bajans. I can’t imagined there is another place/country with so many university graduates who are as DOCILE and FUCKED up. When will a Bajans man go and take a back hoe to that islands? I’ll bet a nickle to a dime you fools would like Mr.C to bell the cat fuh wunna every time. RH laid back schmucks.

    Like

  • Let's Not Remember the FAILED DLP

    Wunna really feel that after the boys secured two full terms and troika is now flushed and loaded,

    waiting on

    Stuart/Maloney/Sinckler plane to arrive, that some little accident at Coverley going to

    jeopardize all of that?

    Man come on man, you boyz business putting the finishing touches on the plane hanger at the GAIA (old CLICO hangar) to take receipt of the new Gulfstream jet. These boys aint planning on flying commercially again, PRIVATE JETS BRO……….PRIVATE JETS.

    Like

  • So you see, not voting for these guys ain’t gonna means squat. The last election would’ve been a good time to cut them off at the knees. The writing was on the wall

    Like

  • Today’s VOB’s “People Parliament” focused on the criminal justice system. Edmund Hudson, Wendell Callender and Paul Gibson represented the BLP, UPP and Solutions Barbados respectively.

    The DLP really “made sport” at the electorate by sending the dishonest lawyer Michael Carrington to represent them in that forum.

    After with-holding the funds of John Griffiths and Ajax Construction, surely the DEMS could have sent someone with more credibility than thieving Carrington.

    Like

  • David. The absolute difference is the Belle consists of two lanes travelling in the same direction whilst Coverley has only one, which means a little swerve to the right or swerve to the left when encountering that triangle could be dangerous. It need digging up before another mishap takes place.

    Like

  • @Tell me why

    Doesn’t matter, there is the same protrusion if driving in the left lane that encroaches to the carriage area.

    Like

  • Sarodamba Virasami

    What about the junction from Jackson to the round about onto Highway ….there is a protrusion and a drain to watch out for

    Like

  • They island is like a piece of wood after the termites walked in: The surface looks fine but inside it is hollow. This is Barbados in spring 2018. Barbadians still believe that they are in charge of the island when they are not.

    Barbados looks more and more like a big plantation where the taxpayer (the new slave) has to pay the highest taxes and the highest prices for food in the region to nourish a minority of white construction massas and their black apparatchiks.

    Lots of laws but no enforcement. A paradigm case of a failed state. Said to say.

    Like

  • Well Well & Cut N' Paste At Your Service

    We are going to hear about every junction and protusion now, but did any one of them cause the death of a child or anyone else, according to town and planning, the only one on the island that is not only illegal, but VERY DANGEROUS TO MOTORISTS is the one that crook Maloney designed.

    Hopefuly I never hit it or no one close to me ever does or Maloney will pay the steepest of prices.

    yall jackasses can sit on ya asses pretending ya dont know how to fight low class demons like Maloney and his gang of criminals in parliament and their masters and see what will happen to you and yours going forward.

    Like

  • Talking Loud Saying Nothing

    Personally speaking, I have never driven in a country were the roads are so ambiguous. It is alarming when you are driving on a supposed main road and one encounters a junction road that appears to merge seamlessly into your lane. It is confusing and highly dangerous. I normally de-accelerate my vehicle and use the car’s indicator to communicate with any oncoming car.

    You guys need to go back to the drawing board and re-plan your whole road network system as it’s falling short and remains a permanent health hazard to all road users.

    Like

  • Well Well & Cut N' Paste At Your Service

    An online petition has been created by those concerned because of the injustice to this mother whose son died because of Maloney’s illegal structure.

    …the DPP has to investigate this case thoroughly and investigate Maloney’s actions for the 3 years leading up to this child’s death…regarding his refusual to remove the dangerous obstruction to motorists, despite being repeatedly asked to do so by authorities.

    people worldwide are signing the petition.

    The world is watching.

    Like

  • A petition for justice

    We seek 5000 signatures to send to Ms. Donna Babb. The African Heritage Foundation (AHF) will have physical petitions that you can sign. Should you want to assist with the collection of signatures please message me or email the AHF at info@afrikanheritage.com

    Please sign and share.

    Ms. Donna Babb: DISCONTINUE THE CRIMINAL PROCEEDINGS AGAINST FELISHA HOLDER

    Almost three years after a terrible and involuntarily car accident that occurred on the 26th of June 2015, resulting in the death of the 11 years old Abijah…

    secure.avaaz.org

    Like

  • I would suggest setting up a crowd source fund to pay for her defense. Certainly it would seem to me that a good criminal lawyer should find this easy work, particularly as the court of final instance will be the CCJ.

    Based on the information noted above, I cannot see successful prosecution and suspect that the CCJ will throw the case out.

    Like

  • @Crusoe

    A couple weeks ago the leader of the Opposition Mia Mottley committed her team of lawyers to go out and defend Felisha Holder in the matter.

    Like

  • …and while the state charges a mother with causing the death of her son by dangerous driving, the same authorities discontinue the case against Lord Evil!!

    Like

  • The blogmaster posted the following to Facebook in response to a conversation Felisha Holder should be tried for the manslaughter charge.

    Something to think about is whether it is in the public interest for the DPP to exercise prosecutor discretion if we all agree the protrusion at Coverley is a deviation from the approved plan. This is why the matter has attracted political interest. The M factor.

    Like

  • Why the surprise?
    We finally got rid of a DPP who was warped as shiite…
    We now have a DPP who is frighten as shiite…..

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  • Bushie

    Well said. We wished we could have said that.

    This writer has known her well, not in the biblical sense of course.

    But cowardice has been built into her make up, DNA

    In that way however, she is not dissimilar to most,

    Like

  • Even so Pacha, to have publicly LAUNCHED her era as DPP with a lament about “needing strong security” sends such a pathetic message that – were it in Bushie’s remit, she would have been immediately terminated.

    It was almost (but not quite) as bad as the Attorney General launching HIS career with a loud and ill-informed rant about never hanging criminals…

    Contrast this with Bushie’s prepared speech (when BBE reconfigures this shiite place)….

    MAIN POINTS OF THAT SPEECH ARE;
    – Welcome to Bim.
    – With immediate effect….
    – Not an iota of shiite will be tolerated.
    – Bushie will PERSONALLY flush as needed…
    – Any …(emphasis)… ANY….brass bowl who wants to challenge – step forward and we will see which God your donkey is serving.
    – Thank you – and good night.

    Shiite man….
    It is much like appointing declared pacifists to run your local army…..
    The enemies of the state must be pissing themselves with laughter…

    Like

  • de pedantic Dribbler

    David Mr Blogmaster, your Mar 30 brings to the fore ground the other devilish twists on this unfortunate affair….

    *Clearly, any new BLP led government will immediately discontinue this case if MAM is now so involved as you noted…so what does that say about the underlying charges…were they bogus or at least weak from hit go??…

    *if they were “weak” why then did the DPP feel compelled to bring the charges…is she as the Bushman suggests just a pawn to the political whims.

    *But with this absolutely expected political gravitation to Ms Holder’s cause celebre why would the DLP govt even contemplate pushing this case NOW; surely they would have seen the backlash approaching….THEREFORE it can be argued that the DPP acted based on some preponderance of evidence re Ms Holder’s alleged negligence rather than any undue political pressure.

    *And then there is the perspective as @Crusoe above which draws on the numerous orders from MTW & TP to remove the ‘protrusion’ to suggest that the case against Ms Holder will ultimately fail if it has to reach the CCJ. Being no attorney my self I do not share his 100% confidence but can I agree that any reasonable adjudicator must take those govt issued ‘orders to remove’ into consideration re Ms Holder’s charges and that should mitigate (not necessarily dismiss) any case against her.

    What a real legal conniption and now a brewing political reality side-show .

    This PM Stuart will surely get his wish to be chronicled in our history pages: directly and indirectly his team’s continued acts of painful self inflicted absurdity (masochistic debasement, it seems) will long be discussed as what NOT TO DO to avoid a political wipe out!

    Like

  • de pedantic Dribbler

    …but I can agree….that should read…. NOT ‘can I agree’.

    Like

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