A Grenville Phillips Column – Loopholes for the Guilty

My perspective of the Integrity in Public Life bill is informed from my unique experiences since entering this political trench three years ago. My situation is different from other politicians because I am outside of the BLP/DLP protective umbrella, and the tip of the spear protecting all Solutions Barbados candidates from harm to their reputations. From this perspective, the weaknesses of this Bill are glaring.

In my opinion, the Integrity in Public Life bill appears to facilitate Barbados being turned into an unaccountable police state. I know that this seems ludicrous. However, it seems to be the most likely explanation for the inclusion of loopholes for the guilty and the removal of established protections for the innocent. I will list a few of them below.

Section 4.1 a) & b): This section identifies the functions of the Commission. One of the stated functions is to record and examine gifts forwarded or given by persons in public life. There appears to be no mention of gifts received by such persons in this section. For the avoidance of doubt, it should be included.

Section 6.2: The Commission shall be treated as a law enforcement agency. However, it appears to have more power than the police and judiciary, which is concerning if it is used in a politically partisan manner. Whoever controls the Commission can clear their guilty friends and punish their innocent perceived enemies with impunity.

Section 9.1: The Commission employs an Investigative Office, who must not be a member of the Police force. According to section 15.1, he can arrest persons, deliver them to the custody of the Police, and seize and retain any documents or materials that he thinks is relevant.

A person can make a complaint about the Investigative Officer’s behaviour, and the complaint is directed to a 3-member panel appointed by the Governor General (section 20). Two members of the panel are persons who were previously politically appointed to their positions.

The panel can dismiss the complaint, regardless of the evidence, if they think that it was made in bad faith (section 21 a). They can also dismiss it if they think that an investigation or further investigation is not necessary or reasonably practicable (section 21 b). These can easily be used as loopholes to facilitate the politically partisan behaviour of a rogue Investigative Officer.

Section 10.1: The Commission has the powers of a judge of the Supreme Court to summon and examine witnesses and demand documents. In section 10.3, the Commission is not restrained by the rules of the Evidence Act which were designed to protect all of us. The Commission can take into account opinion evidence, which the Evidence Act restricts.

While it is reasonable that opinion evidence may be relied upon during the investigation phase of the process, the Bill should clearly state that the Commission must not rely on any “opinion evidence” to determine someone’s guilt.

Section 11.1 b): This section appears to entitle a summoned person to be compensated for expenses as if he had been summoned to attend the Supreme Court on a criminal trial. However, the person can only be paid whenever and however the Minister of Finance decides. The Commission can also decide to simply not allow the summoned person to claim any expenses.

The common trend when persecuting political competitors is to attempt to bankrupt them, which can automatically disqualify them from being candidates. To have a person continually attend hearings for weeks can accomplish this aim, which is why the Evidence Act entitles innocent summoned persons to be reimbursed for both their time and expenses. This is natural justice since a person cannot refuse to appear when summoned without consequences.

The Evidence Act appears to be carefully designed to protect innocent persons from political abuse. Why is the Commission being directed to deviate from this established practise of natural justice?

Section 11.4 d): If a person insults a member of the Commission, then he is liable to be fined $10,000 and imprisoned for 6 months. A person who is subjected to obvious unfair treatment for as long as a politically compromised Commission decides, knowing that he will not be reimbursed for his time, is vulnerable to objecting improperly.

Section 11.5 a): A person shall not be compelled to incriminate himself. However, according to section 11.4, he is liable to be fined $10,000 and imprisoned for 6 months, if he does not turn over documents. It should be clarified whether he can be compelled to turn over documents that can incriminate others, who in-turn will likely incriminate him.

Section 14 d): The Commissioner of Police must provide constables to do whatever the Commission directs. This can provide a politically compromised Commission and Inspector with an appearance of legitimacy.

Section 32.5: Once a person has retired from public life for 2 years, then he cannot be investigated. If it is a member of the Commission, then he cannot be investigated once he has retired for 5 years. These are glaring loopholes for persons who have already retired. Also, persons can easily walk over this low hurdle by directing that bribes be paid to them 2 years after their retirement.

Section 33.1: If a member of the Commission is to be investigated, then the Governor General, after consulting with the Prime Minister and Leader of the Opposition, shall appoint a single person tribunal to investigate. If the person is declared to be innocent, then their expenses must be paid from the consolidated fund within 3 months (33.5 b). Why must the tribunal only comprise one politically appointed person, and why the double standard regarding compensation?

Section 40.2: Where a Member of Parliament of the Senate has acquired a prohibited interest, which would be a violation of the Act, then the Commission shall not issue a determination if the Politician or Senator confesses, and the Commission believes that if they kept the prohibited interest will not affect the person meeting his obligations. This is another glaring loophole for a politically controlled Commission.

Section 45.7 a) ii: If a person receives a substantial (over $1,000) gift, then they can keep it if the Commission decides that the gift was not intended to provide favourable treatment. What likely reason would someone give a substantial gift if not for in exchange for favourable treatment?

Section 48: No prosecutions of persons in relation to restricted gifts shall be pursued after 5 years of a person’s retirement from public life. This allows the guilty to go free with no consequences whatsoever, they simply need to be patient.

Section 56 a): A person charged with corruption can be found innocent if he can claim that he had no knowledge of the circumstances giving rise to the act of corruption. This is a weak but allowable defence in this bill.

The section for whistle-blowers is extremely weak to the point of being almost ineffective. There is no confidential reporting and no financial incentive for whistle-blowers – the proven main ingredients of an effective whistle blower program. In the US, their highly successful Securities Exchange Commission’s program allows whistle-blowers to report anonymously, and rewards them with up to 30% of the amounts recovered. Why are we designing an almost ineffective system when there are highly effective systems available?

First Schedule

The Commission shall comprise 4 political appointees, plus one lawyer and one clergyman. This has the appearance of a political commission. The main reasons for political commissions is to protect the politically favoured from scrutiny and persecute those not politically favoured.

A less partisan Commission and disciplinary panel should have a majority of persons who were never politically appointed, and who treasure their professional reputations too much to be corruptible or intimidated. Fellows of Chartered professional institutions would have spent an adequate amount of time complying with their institution’s code of ethics, so they should be less likely to be corruptible.

The Bill is written in a manner that it can easily be misused. That is not how our laws should be written. There are no meaningful protections for the innocent to avoid political persecution, and glaring loopholes to protect those with provable evidence of corruption and bribery.

Grenville Phillips II is a Chartered Structural Engineer and the founder of Solutions Barbados. He can be reached at NextParty246@gmail.com

165 thoughts on “A Grenville Phillips Column – Loopholes for the Guilty

  1. I am here weak with laughter..hard to recover.

    Bushman..even if you a recovering, ya strong, give us your take on this, please..what about Liesalot, or GP..or Northern or even Ha, Ha…..or MoneyB, who has the inside track.

  2. @ T. Inniss.

    De ole man was going to ask you a question just between the two of us

    Do you feel that, with all the talk they have been having about legalizing drugs that these lawbreakers heard INCORRECTLY that drugs had been legalized and started the conversion early?

    I mean look at this my Bajan brother (though you are from the clan of ImP heheheheheh)

    Just after dem convene all dis medicinal ganga thing Whapax $6 million dollars in drugs!

    Now that i thinking bout it I can see Douglas successfully defending them to say that dey was moved to do this act because SEEING HIM ON TV misled them to this action.

    Whu you think?

    THis is going to be a test of Mia’s government though cause it going show who is she friends and how indebted she is to these 5 drug lords


  3. @ Grenville Phillips II

    Now back to your main subject Mr Phillips

    Like you de ole man has a keen interest in safeguarding Barbados from terrorist BOT FOREIGN AND DOMESTIC.

    So de grandson going do a series of simple messages showing for the simple people in Barbados what each one of the clauses in this Proposed Bill means in simple English that there 15 second minds can understand

    He going explain each of the clauses that you presented using this as his cover page.


    All that you need to do is to use your whatsapp lists to send these messages to the Bajan landscape.

    Ultimately it will lead to some saturation whereby people see that you are still on the forefront of looking out for Barbadians.

    I have to find a picture of you to use as a visual signature but not to worry de ole man will find an appropriate one

    I propose to use your words as far as is possible to convey the ideas AND BECAUSE YOU DONT LIKE CUSS WORDS de ole man going try to curb meself.


  4. This drug’s discovery has come at an opportune time for Mia. The boys at the port have carried out their job and should be applauded. Mia has been given a gift-wrapped present.

    The whole of Barbados is in suspense. I’m retiring to bed and pray that the newly elected BLP will show real government. I will receive my answer in the morning.

  5. @ T.Inniss July 24, 2018 4:51 PM
    “It is well known that these lil fellas that getting shot and pushing on the blocks – don’t have the wherewithal to bring in the drugs nor the gun that accompany them.
    We also know that usually the importers are people least expected – who have legitimate businesses,or hold high positions in law enforcement agencies or people who are good corporate citizens.”

    This is by far the most valuable contribution you have made since your 25th May reincarnation on BU. Keep it up and you might just find yourself in the HoA next time around as a true Bajan patriot of Opposition instead of being an eternally-born and purebred DLP yellow-breasted yard bird daily pain in the ass.

    The question to be asked is who is going to pay- in the final analysis and in hard US$ currency- for this forfeited shipment.

    South American cartels trade strictly on a PIHCA (Pay in Hard currency in Advance) or on a COD (cash on delivery or death) basis.

    A whole lot of well-heeled people will have to go about their usual day business and nightly pleasures without their daily ‘fixes’.

    It’s time they all go back to Mother Nature and basically deal only with the locally-produced collie weed.

    There is a lot forex savings to be made out of those darn fields of homegrown cannabis just like the Canadians are about to make a mint out of an ‘immigrant’ plant genetically adjusted to suit their greenhouse conditions.

    There is more in cannabis than just a Canadian-brew beer! Cheers, anyone?

  6. A gift that might keep on giving as we all have seen the presence of known king pins in the presence of her Majesty

  7. @Artax July 23, 2018 9:46 PM “Simple Simon. It’s obvious you don’t know Mr. Alleyne.”

    Worked closely with him when I was young. He was young then too. I am old now. So he must be old too.

    But maybe it is obvious to you that I can’t count either, after all I am only a Simple Simon.

    Neither “B” nor “D”

    But then again just last year I someone on this blog wrote that Delisle Worrell is a relatively young man, it must have been you Artax, and at that time I asked how can a 72 year old man be described as relatively young, when the life expectancy of a Bajan man is 73.1 years.

    It is deeply instructive to me that nobody challenged my statistics.

  8. @ Grenville Phillips II

    Here is one Stoopid Cartoon as per one of your 15 Individual submissions per the Integrity Legislation cum Enabling Act a la Mottley regime (their words not mine (look at the front of the first Bill)


    De ole man has been crying like a voice in the wilderness to suggest that you refashion your offering and package a Third Movement of a Caring Professional and In Tune Party sans autocracy.

    And periodically return to your vomit ELSE BE CONSIDERED TOO GREAT TO DEIGN TO MIX IT UP WITH THE MASSES cause after all it is your column

  9. @ Well Well – 5.28 pm
    Bushman..even if you a recovering, ya strong, give us your take on this, please..
    Bushie has never been better…
    There is just no point in whacking dead grass…

    Bushie has been leaving that job to Mariposa, GP and others of that ill ilk. while just waiting to see how long it will be before wunna realise that ‘de dog done dead….’

    Joke is …. “you ain’t even seen nothing yet…”

  10. Listen to Barbados news tonight
    “Big nose”, “thick lips”, “dark complexion”
    I turned it off before they got to the “bone in ,,,,” part
    They must really stop that nonsense

  11. @Bush Tea July 24, 2018 9:42 PM

    Dear Bush Tea: Just today I was thinking f you, and wondering [not hoping] if you were dead.

    So since you are here. Who was all this marijuana intended for?

    Who was going to buy it at the ridiculous extortionate retail prices

    Black people?

    Black people int tired of making white people rich?

    I say again who imports marijuana, and who buys marijuana at retail when it is so easy to grow your own supply.

  12. If you don’t have a TV, the description applies to 97% of the population and therefore useless;
    and if you have a TV with pictures on the screen, the description is useless

  13. Last comment on this
    In the US they might, but they rarely mention skin color.
    The big/flat nose and thick lips thing is out.
    Funny how the US is more sensitive than Barbados

  14. Seem as if they are still using the template for describing runaway slaves and with little or no description of the master.

  15. @ Brother in Arms Bush Tea

    I am happy to hear that you live still

    I pray that you continue in good health.

    I too thought that you had been awarded a big job and that your D9 was on lease to the BLP

    During your absence I was given the job as the Leader of The Opposition bit I haven’t gotten no letter of appointment from her office yet

    Welcome Back.

  16. “But then again just last year I someone on this blog wrote that Delisle Worrell is a relatively young man, it must have been you Artax……”

    Simple Simon

    You’re delusional as well.

    I never posted any contribution to this forum in which I suggested “Dr. Delisle Worrell is a relatively young man,” especially knowing his age was revealed when he was appointed Governor of the CBoB.

    You’re probably a very lonely old lady also…….with perhaps too much time on your hands……that you’re quibbling over Derek Alleyne’s age (i.e. arguing about a trivial issue.

  17. Bushie

    Missed your thought provoking contributions.

    I thought you had taken leave from BU for at least 100 days before restarting the whacker.

    Welcome back.

  18. When will Nigel Pinder alias Bounty and Freddie Hill Promoter be frontpage news these are also major criminals in the underworld with connections to the whites and law enforcement to do their bidding in the cocaine and marijuana hustle.

  19. If you noticed with this Yatch bust as reported by Barbados Today the drugs cocaine was discovered by Customs. I can guarantee you if discovered by the Barbados Police most of them criminals thrmselves we would never would have heard of this as bribe monry and other long term kickbacks would have passed hands by these whites who have been doing this for a long time along with many other copartners both black and

  20. I woke up in anticipation that we would discover more news surrounding this yacht bust. The Barbados Advocate website did not report on the story, whilst Barbados Today’s website has gone down. The Nation’s website news coverage remains unchanged from yesterday.

    It would appear that we have a news blackout concerning this yacht bust. The Barbados legal system has kicked into action.

  21. Talking Loud,

    This is the normalisation of bias in Barbados. The principle is clear: no matter who the rightful owner of the yacht is, if it was involved in drug smuggling then it should be seized (the DEA gets a lot of its budget from seizing the property of drug dealers/smugglers), the crew should be prosecuted and the owner, apart from being prosecuted as the Mr/Mrs Big, should have all his/her property seized on suspicion of benefiting from illegality.
    Of course, in Barbados who you are is as important as the crime you are suspected of. This is the bias against the boys/girls on the block. If a well connected and wealthy drug suspect is brought before the courts the same silly magistrates who remand school children in custody will gladly grant them bail.

  22. And the authorities in the region particularly the law enforcement management tier in Barbados wonder why the American Drug Enforcement agency DOES NOT GIVE THEM ANY DRUG INTELLIGENCE!

    Because they are corrupt and are all bought out.

    De ole man can guarantee that the Customs Officers were newbies AND NOT THE SHIFT THAT WAS SUPPOSED TO BE ON AT THE TIME.

    So this was not to have happened

    What will confirm the fact that the drug lords have been agitating at Mia and Dale and Edmund’s level will be the fact that NOT ONE OF THEM WILL MENTION IT AT ANY PUBLIC AFFAIR FOR AT LEAST A WEEK






  23. You continue to prove every day that you are an idiot. Your comment will be removed until you get who owns the boat right. You and any others who persist with folly will join the moderation queue. The blogmaster does not have the time to deal with the nonsense this blog will likely generate.

  24. Mariposa,

    Once again you are on the right path. This is a major criminal justice issue, in any jurisdiction but especially for a little one of 285000 people and 166 sq miles. The very least we should expect is the attorney general giving a press conference to explain how customs managed to intervene in this suspected criminal activity. Such a statement by the attorney general would be reassuring to the public and confirm government’s intentions.

  25. In my last comment i said the boat was owned by a prominent business man
    david it is time you start seeing the forest instead of looking at the trees . it is not hard not to put two and two together the media mention the name of the yatch. and in so doing gave the reader an insight as to who owns the boat
    In your haste to attack you refuse to post two of my comments in which i did place a name to the owner if the boat never mind that you have a picture of DT on your side bar logo for 10 years with an inference to suggest that he was involved in criminal activity
    Now that media reports state the name of the boat you acts as if the owner name should not be mentioned
    Cover up for these criminals all you want but you can be assured attitudes and actions such as yours would not make for a better barbados

  26. This govt has been using PR stunts to blow smoke in the peoples face
    Now with this raging inferno if 3million drug smuggling all await to see the response fom this govt and the level of concern it has for the countries interest and their abilty to distance and separate themselves from the growing perception of having scruillious characters hoovering around in barbados political enviroment while entertaining them

  27. @ Hal Austin July 25, 2018 4:09 AM,

    I have just arrived home and checked The Barbados Advocate website hoping that their editor would have finally concluded that he/she had a moral duty to publish this yacht bust story. Sadly, there was no trace of this story – incredible!

    What we have is conclusive proof that Barbados, to all intent and purpose, has become a narco-state. I have never read such a story whereby a PROMINENT public figure has become embroiled in such a notorious drug’s controversy. To put it into perspective it would be like our very own Richard Branson flying in on one of his planes or yachts with illegal contraband in his possession.

    I have no idea who is responsible for this drug’s haul. However it has now become apparent what many on BU have alleged: the Barbados business community is immersed in the narcotics trade. I wonder if Mia has the fortitude to destroy these links or does she intend to remain passive. We are at a crossroads. Do we want to emulate narco Central America countries or would we prefer to live in a social and harmonious paradise.

    Let’s see where this story takes us.

  28. @ Caswell Franklyn

    You have no choice but to praise Barbados Customs officers because that is how your bed is buttered.

    The reality is Customs officers are very corrupt and as the story goes this was a tip off meaning they had to act I suspect this was by the DEA who watches the water closely especially Yatchs coming frim the OECS islands which are used primarily by the Colombians and Venezuelans as a transhipment to other parts of the Region.

    To enlighten others like Hal Parris I will give first hand accounts of how the drug activity happens in Barbados with the major players being White, Indian and Black Business men with major partners inside the Banks and Barbados Police force and Customs.

    About 5 years ago I was contacted and given an assignment that a Yatch was having problems with its navigational system and needed help rectifying. I was told to enter Port St Charles through its back entrance by car.

    As agreed I went to the back entrance the following day and upon approaching the gate I was approached by a Customs official and asked where I was going, I gave the name of the Yatch and was given directions and then let in.

    On getting on the Yatch I was impressed by how lavish it was onboard. I introduced myself to the Captain and noticed he had been meeting with two Indians I had seen before in the Bridgetown area with one who looked a bit handicapped and a mute, I also notice a couple of officers from the Barbados Drug squad in the same meeting on the Yatch.

    All four left together a few minutes of my arrival. Left on the boat was the Captain who was white along with an older female and a couple in their late 20s.

    The Captain then told me that they had just arrived from St Lucia and regularly travelled through the islands. The older white lady then remarked to the captain that she was going to pick up some white in a package from the Indian guys who had just left with the Police.

    The way she made the remark I could tell that this was no ordinary package.

    About 15 minutes later while onboard and doing my work the couple approached and said that they were British and would be flying out later in the day after the package came back. I was astounded with the ease of how they all shared information a lot more than I care to share, however I was left in no doubt that the Bajan Indian and local police connection were fulfilling their requirements.

    I can safely tell you that couple left Barbados on a UK flight with their white package safely.

    After I completed my work I was let out the back entrance at no time was my vehicle check, or id. Upon mentioned the name of the Yatch it was like open sesame with Customs and the boat owner all in one synergy.

    I will give another first hand experience, I met the owner of SY Adams the father of Esuf with the contaire of drugs from Jamaica and I was there in a sales meeting at their main store several years ago. Mr Adams is an Bajan Indian whom I had never met before I was introduced by one of his main store staff member, he was engrossed with two black men and they were in the middle of discussing a container shipment from Curaco of not only clothes for resale but cocaine in same shipment and they were having this conversation as though I was part even being first time ever met and I was there on other business.

    Barbados is a narco state and there are ties to Colombia, Venezuela, Guyana, OECS which are used to send product primarily to the US, Canada and UK.

    I know who most of the major players are locally and regionally.

    Going to Barbados Police is a joke to report unless one wants to be killed unfortunately the major drug players and Police locally are on the same team.

  29. Do you know that Thomas Herbert – the brother of Charles Herbert is in charge and one of the owners of Port St Charles?

    I have been reliably informed that the father of the drug dealer – Yusuf Adams – is often seen in the Company of Customs Officers – IN THEIR UNIFORMS – deep in conversation in the store on High street.

    Go figure.Perhaps they discussing the lotto numbers to play.Ha,ha

  30. I will also share this an associate who is a Bajan white was bringing in highend weed through the Bridgetown Port in Barrels 300lbs at a time.

    He was paying Customs officers BD$40,000 for every shipment.

    During the day he had a few local offduty Police who were in the Drug Squad escorting him to various neighbourhoods to pickup cash and deliver product, this was in areas which would be considered high risk because of his colour.

  31. If i were Mia i would call in the government of France to see if they could assist them in curtailing the drug’s trade and to offer the country some form of protection. Barbados is not capable of suppressing the narcotic’s industry with its ruthless drug’s lords. We need help.

  32. “Black people int tired of making white people rich?

    I say again who imports marijuana, and who buys marijuana at retail when it is so easy to grow your own supply.”

    Been saying the same thing it seems forever..

    Theo…do you know how many times we complained about the police and others using the old slave codes to identify missing blacks like they are runaway slaves in 2018..

    .it’s the most insulting and disrespectful thing black people in leadership roles and positions of authority can still be doing to each other and they do it with glee and tital enjoyment. ..yet these slaves in position of authority see nothing wrong with it and they consider themselves a progressive modern society.

    ..not even our old racist satan the US does that….and that says a lot…it is a shame and disgrace that a slave society still exists, it’s even worse the way they describe each other…we have cussed and beseeched the police to stop describing black bajans as run away slaves, but as Piece would say…even that is still a bridge too far in a well established, centuries old slave society.

  33. Whistleblower…you gotta remember something….bajan whites have always believed themselves better than blacks, especially better than the black man…even though they are the descendants of indentured servants and are basically nobodies…but they have for decades held their backroom meetings at the Garrison area and at Bathsheba with blacks present and hearing every word and hearing all their drug plans money laundering and gun plans and the fact that they consider their small numbers on the island the true owners and government on the island….paying campaign finance bribes to whomever the people elect to parliament and manipulating the hell out of them thoughout the 5 or 10 year term…they have been doing it for 52 years….since Barrow. .. because they are well aware of the weak minds in black males, how they love to keep secrets for whites, indians, anybody….but bellow each other’s business to all these people and as many others as they can… ..so they feel comfortable knowing that the black man in Barbados will keep his mouth shut no matter what crimes these minorities commit and no matter what he witnesses for fear of losing his low paying pick…the ultimate weak slave.

    Those working around the other minority criminals will tell you…they discuss all their criminal activities in the presence of them…including how much they hate black people…..it’s the well known, well established mental weakness in the black male who tolerates and enables these crimes against themselves that must be eradicated..

    …..they control the police…Bizzy publicly bribed the police and they invited him to a parade to bribe them….so controling customs…immigration…Caswell should ask his buddy Harris particularly about that one and others….and any one in the black society in positions of power they can pay to get what they want.

    ..it is indeed a very corrupt narco state, because the minorities were allowed by successive governments and corrupt officials to turn it into one from the late 70s and they never looked back since the whites, syrians, indians etc took over the drug trade…and made it regional crossing borders to latinx countries and beyond..they are a very well known Cartel…because of the length of time they have operating and their success rate over the last 40 years.

    One former cop from the drug squad from the 70s was boasting before he passed away that he built a million dollar house in St. Philip……so that says everything, who did not just sit and take bribes.., got involved themselves..or did both.

  34. Piece Uh De Rock Yeah Right - Leader of the Opposition cause Enuff of Lorenzo tell me so on said:

    @ the Honourable Blogmaster

    Your assistance please with another Stoopid Cartoon for Grenville Phillips II as it relates to the Integrity Legislation fiasco. Thank you.

  35. Piece Uh De Rock Yeah Right - Leader of the Opposition cause Enuff of Lorenzo tell me so on said:

    @ the Honorourable Blogmaster

    Are the gifv’s no longer ammmmmm displaying on BU ?

    I understand why the gifv’s are not liked

    If you prefer I will do an image link

    There is an item in suspense which I’d be grateful if you could post thank you

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