[Barbados Underground] Yes Jeff, Charles Herbert faces a monumental task, not least because he has already been convicted in the court of public opinion. The social meaning of the case has become about the history of race relations in Barbados, so although the court case is supposed to consider the evidence dispassionately, I am not certain that a jury will lack bias
Can Herbert sue the government for wrongful arrest ?
Everyone expected Charles to get a free pass and it appears that he got one. What does this say about our system of justice?
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Absolutely nothing!!!
It does strengthen the old adage “Great minds think alike, though fools seldom differ”
Please note that I am not one of the everyone who think Charles will get a free pass!!
I think that whatever he gets he will have earned … like he did at school when I knew him well!!!!
He is not going to want it any different.
The DPP in Barbados does not investigate crime and must rely on the police to produce a file of the evidence. If, in the DPP’s judgment, the evidence is not such that would lead to a conviction, she is duty bound to discontinue the case whether the accused is black, white or blue.
Like many of you, I believe that Herbert is guilty but my belief is not evidence. In this case, I believe many things that might not necessarily be true. For example, I believe that the case was not properly investigated by the police but then again, I have no evidence to substantiate that belief.
If I were the investigator, I would want to know many things, including: what was Herbert doing on a boat with a known, convicted drug trafficker; who gave the approval to hire this convicted drug trafficker to work on a boat; did this convicted drug trafficker take a fall for some bigger-ups when he gained his previous conviction; is he likely to take another fall for the same or other big-ups; marijuana normally has a strong smell, did Herbert smell it while he was in close proximity to it on that small boat or maybe, this is the type of marijuana that does not carry a scent or if Herbert’s nose was working. But then again, I am no investigator and none of things that I want to know might be relevant.
GEL’s hiring policies may be questionable. But if the investigating officers presented an evidential file to the DPP and it was decided there was a prima facie case, thus the initial decision to prosecute, what new evidence is there that forces the DPP to withdraw the case?
My contention is that having established there was a prima facie case against Mr Herbert, it was the responsibility of the judge and jury to decide if that evidence was beyond reasonable doubt.
Justice must not only be done, but must be seen to be done. We cannot extend a so-called fairness to the white and wealthy but jajl the boys on the block on the slightest pretence.
Given the nature of the charges and the persons accused, the DPP should have been particularly fastidious. It does not look that way to me. The criminal justice system in Barbados failed in this instance, in my view. The rule of law is the foundation of a democratic society.
Barbados is a failed state.
@PLT
You know nothing about jurisprudence. It is simply a case for judge and jury – the judge decides on the law, the jury on the facts. In any case, the decision should have been a transparent one, so the nation would see the justice.
It is interesting we are on a blog that campaigns for political transparency, but keeps quiet when it comes to criminal justice transparency.
Barbados is a failed state.
SOME OF BARBADOS’ business people have confessed to paying hundreds of thousands of dollars in bribes to public officials, but are unwilling to give the evidence to the police.
Attorney General Dale Marshall made this disclosure to members of the Barbados Chamber of Commerce and Industry (BCCI) at their Breakfast Discussion at Hilton Barbados yesterday, which was themed Guided By Integrity: Moving Towards Good Governance And Reduced Corruption.
He stressed Government was determined to stamp out corruption.
In a no-holds-barred presentation, Marshall said since the Barbados Labour Party administration assumed office in May last year, “some business people have come forward and informed me and others, that they have paid brides to public officials, sometimes in the region of hundreds of thousands of dollars”. Quote)
Here is the attorney general, the top legal officer in the land, admitting publicly that people have admitted to him they have committed crimes and he has not called in the police. By his action he has shown he is not fit for office. Now he has admitted this, did he inform the prime minister? Was the Cabinet told of this? This is gangster capitalism.
What about obstruction of justice? What about interviewing these people under caution? What about launching a proper judicial review with powers to subpoena witnesses and evidence? What about the moral and ethical politics President Mottley is calling for?
Where are the media?
Extracted from 3.1 of the DPP Code of Conduct.
Proceedings are usually started by the police. S o m e t i m e s t h e y m a y c o n s u l t t h e D e p a r t m e n t o f P u b l i c P r o s e c u t i o n s before starting a prosecution. Each case that the Department of Public Prosecutions receives from the police is reviewed to make sure it meets the evidential and public interest tests set out in this Code. Crown Prosecutors may decide to continue with the original charges, to change the charges, or sometimes to stop the case
@Hal Austin June 27, 2019 4:52 AM
“… the decision should have been a transparent one, so the nation would see the justice.”
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I agree. The evidence on which the DPP decided not to prosecute Herbert is presumably being kept confidential because it is part of the prosecution’s case against the other accused. It will become public knowledge when it is revealed in court during the trial of the other two who have been charged. By that time several more months, perhaps years, will have gone by and the revelation will do nothing to convince most Bajans that the DPP is not corrupt.
On a related matter we have been told the DPP is ‘urgently’ reviewing the files of individuals on remand for 6 months up to 2 years coming out of the Agard matter.
Did the AG refer to Agard as Ashby in the news clip? Blogmaster is willing to be corrected.
@PLT
You are making an assumption based on what? Any evidence presented in court will be subject to cross-examination. Open justice, dear boy.
As a member of the pick-a-noise, Salemites and tag-team, I can honestly tell you it becomes frightening when the paranoia and conspiracy theories turn into a harsh reality. There is no softness, we are confronted with the plain and naked truth, we have two systems of justice. A two-tier system that hammers one set of people, that beats them until they are broken and, at the same time, is the unable to lay a finger on a segment of society.
What sound like the ravings of lunatics played out in our court as Charles Herbert walks away scot-free.
Now others are muttering to themselves and saying a second ‘criminal’ will walk away free and the man who had difficulty raising bail will be help responsible for the smuggling of $500,000 in drugs. We will be told the foot soldier is the financier and kingpin. But if this were to happen, it will expose the justice system as nothing more than a charade. We may have escaped from the system of slavery, but our minds are still back there in 1833.
“who gave the approval to hire this convicted drug trafficker to work on a boat; ”
Mr Caswell, I am going to disappoint you. If I was planning to smuggle drugs into Barbados, you would not be my first choice of an employee. In fact, you would not make my top 10 list. I would choose someone who has knowledge of the business; someone who has a track record and my even know players in the game.
Given your work history and track record, you would not be a suitable employee.. The convicted drug trafficker would beat you out…..
Surely, you recognize that a good employer would try to match the job and the man.
“The evidence on which the DPP decided not to prosecute Herbert is presumably being kept confidential because it is part of the prosecution’s case against the other accused. It will become public knowledge when it is revealed in court during the trial of the other two who have been charged. ”
Respectfully, wishful thinking… nonsense. Nothing will be divulged.
hants1
June 26, 2019 11:51 PM
Can Herbert sue the government for wrongful arrest ?
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I don’t think the Police could have acted differently.
All three had to be arrested and individually investigated.
What is important is a fair and speedy trial … which is not what the guy who languished in jail for 10 years got.
Andrew Pilgrim has asked the DPP to state the case against his clients … put up or shut up.
The clock is ticking, the Police have had their chance to investigate.
There is also the case of Philip Nicholls!!
After a time the case was dismissed for lack of prosecution.
That one looks to me like people other than the police orchestrated its existence.
… and then no doubt, there are a hundred others!!
GOB could end with more egg on its face.
Wuh happen to de case where de woman chile get killed up by Coverley and she was charged wid careless driving?
Ah seem to rememba that some technocrats in de ministry of Transport said Maloney’s exit/entrance to the development was illegal but he wasn’t charged. The BLP in Opposition made this a cause celebre so now dey in Guv’t did they get the DPP to do de right thing?
I always had a Spockian eyebrow raised about de disposition of de maryjane case and as he wud say “Live long and prosper”
His pretend innocence should be ASSERTED…in a court of law…with evidence, this will ALWAYS be seen as government interference…running down to the court upon hearing the news of the bust and SUDDENLY millions worth of cocaine turns into 1/2 million in marijuana……which it is said STILL ENDED UP ON THE STREETS…because it was not recorded as cocaine…
And…..interfering in a case where a white sexual predator tourist slapped the bottom of a grown, mature widow and treated her like a prostitute….and the government saw nothing wrong with that.
Government interference in everything…but don’t worry…yall will know what for soon Enuff…ticktock.
i will take photos…ha, ha, ha.
The clown DPP can find evidence to exonerate this known demon jackass, but still can’t find evidence to lock up the criminal Maloney for his direct involvement in the death of that child..,.what do u expect from her when she was second to corrupt DPP Lecock, deceased…she is no different….more corruption from that useless office.
I must ask though…can’t yall FEEL THE WALLS CLOSING IN YET…cause i can actually SEE IT..from where am lying all stretched out.
but dont mind this old woman…lol
Running down to the PORT upon hearing the news of the bust and SUDDENLY millions worth of cocaine turns into 1/2 million in marijuana…
yes indeed Sargeant…when will the DPP charge Maloney for the DEATH OF THAT CHILD….she HAS THE EVIDENCE.
THESE WICKED ACTS BY A CORRUPT DPPs OFFICE….should have Bajans pissed…cause in case she has forgotten…since being titled….it is not CORRUPT GOVERNMENTS paying her salary…but the BLACK POPULATION.
you need evidence for a case to proceed beyond the investigative level. the issue of what the DPP has to consider is well covered by Caswell Franklyn.
where i depart from Franklyn is where he speculates admittedly without any proof that the police did not investigate the matter properly- i mean really?
what we want to see, what we think we know, what we heard, none of that is evidence that can be presented in Court.
because Herbert was on a boat where drugs were found does not mean he knew the drugs were on board. he could have but how do you prove it?
And much, much more…..cause ya dont know the half of it…but let’s just watch….cause trust me many people are….black governments are too wicked and corrupt….without many exceptions…
..international human rights bodies will have their work cut out for them for years to come because of BOTH CORRUPT GOVERNMENTS….BOTH OF THEM..and that repulsive judiciary..
“That one looks to me like people other than the police orchestrated its existence.
… and then no doubt, there are a hundred others!!
GOB could end with more egg on its face.”
@ Green
The investigation followed the allegation; the prosecution had reached the committal stage ie there was a prima facie case against Herbert. The DPP cannot just go in to court and say we are not proceeding with this case. This is not the jungle. At the very lease, the presiding magistrate should have asked why not?
The system is flawed. Barbados is a failed state.
@ Hal
i am not aware that there was an allegation. lets settle for investigation yeah.
police presented file/s for the DPP to consider. Herbert inter alia was placed before the court. his lawyer presented a no case submission and on review the DPP decided to drop all charges against him. such a decision is most likely based on the strength of the evidence and the chance of success bearing in mind the standard of proof in criminal matters is beyond a reasonable doubt.
this is not unusual. and this doesnt mean Bim is a jungle. the judge does not have to ask why. the DPP on review after the no case submission decided to withdraw charges and this is in their remit to do . CP in Britain does this daily. nothing sinister at all
@ Greene
There must be an allegation to be an investigation (even if that allegation came from US spy satellites), unless police suspected criminal activity. On the basis of that investigation a file was prepared for the prosecution – it does not matter if the police have the authority to prosecute without consulting the DPP’s office.
The defence, quite rightly, argued there was no case to answer, that is his job. And this is where the problem arises. Why would the DPP say, I agree, there is no case without giving an explanation.
Is it because the evidence would likely not lead to conviction beyond a reasonable doubt? Is it because of flaws in the investigation? Is it because Herbert has been coerced into taking part in criminality? We, the public need to know.
Caswell Franklyn June 27, 2019 3:11 AM
RE “Like many of you, I believe that Herbert is guilty but my belief is not evidence.”
IF YOU ARE A HOPEFUL LEADER YOU FIRST WOULD SUPPORT THE LAW, UNLESS YOU ARE NOT YOU ARE NOT A LAW ABIDING CITIZEN YOURSELF.
A MAN LIKE YOU HOLDING THE POSITION YOU HOLD AND HOPING TO BE A LEADER OF THIS COUNTRY SHOULD NOT HAVE MADE THE ACCUSATIONS THAT YOU DID AND SHOULD RECOGNISE AND UPHOLD THE JUDICIAL SYSTEM. YOU QUESTIONS WAS NOT AS ONE SEEKING UNDERSTANDING BUT YOUR QUESTIONS WERE ACCUSATIONS!
RE “ But then again, I am no investigator and none of things that I want to know might be relevant.”
THEREFORE MR. FRANKLYN IF YOU ARE NOT AN INVESTIGATOR, BUT YOU ARE A LEADER IN THE OPPOSITION SO WHY ARE YOU PUTTING YOUR MOUTH WHERE IT SHOULD NOT BE! YOU CANNOT SPEAK AS AN HOPEFUL LEADER IN THIS INSTANCE BECAUSE YOU DO NOT RESPECT THE LAWFUL PROCESS!!
https://i.pinimg.com/736x/1f/66/41/1f66413c57dc531e3b463b0f1d1939b8–get-a-life-lifes-too-short.jpg
@Hal
from what i understand Police/ authorities were informed that drugs was on board the vessel and waited for it to land. traditionally the DPP does not inform the public why it makes such decisions. it would be nice to know. even so they will not at this stage. they will claim the matter is sub judice
The media in Barbados is as inept as the justice system
Why are no questions being asked of the DPP who in my opinion has brought country into total disrespect of law and order in the rightful pursuit of justice
How is this possible for a country who purports itself as fighting the war on drugs without explanation to the country in a words of willy nilly utterances say there is no evidence to convict Charles Herbert
How is it possible to say there is no evidence when millions of dollars was found on the yacht
The calls and shouts for the media to dig deeper into this story should be heard world wide
I hate to say it but I agree with o gazertz in a way, every white person knew that a black jury was going to let OJ Simpson off because they knew they would be dead when they came home to there peeps. But that is not how the legal system is supposed to work, if there is evidence for a charge to be brought forth you are tried if not you are innocent period, Second guessing jurys and for letting people off or convicting is fair, criticing why charges aren’t brought is also fair, smollette case in point…. until shown the reasoning why they weren’t . the legal system should be transparent so a majority of the public can be confident in it.
@Mariposa
that is nonsense. it is the DPP’s job to decide charges in accordance with the law and rules of evidence not because black bajans want a white man locked up. if the evidence is there yeah if not do what is right.
The kinds of thinking around this issue are emblematic of the modern slave state that is Barbados.
For titularly intelligent people to prostrate themselves, to justify the unjustifiable, is indeed no less than a testimony to the modern slave mentality in rulership.
Were we not controlled, at all levels by the mentalities of slaves and slave masters all of the persons on the vessel, including the Goddards group as a legal entity, would have been subjected to criminal charges.
Barbados is still one of the few slave states where corporate entities can NEVER be brought up on criminal charges regardless of the crimes committed.
Instead, all manner of assholes, who otherwise could find no mercy for poor people who regularly must confront the vicious injustice system as henchman for that state, could find a rightness in having a racist criminal like CHARLES HERBERT not facing the courts.
Cogh blind wunna!
After this, this writer can never we counted upon to defend any other action by this racist state, under the colour of law, to maintain its institutional crypto-racism.
Peter has gotten it right. The political and social factors will drown the facts. The DPP under our system has the authority to review the file and withdraw the charge. If you disagree attack the process which is borrowed from where?
(Quote):
Here is the attorney general, the top legal officer in the land, admitting publicly that people have admitted to him they have committed crimes and he has not called in the police. By his action he has shown he is not fit for office. Now he has admitted this, did he inform the prime minister? Was the Cabinet told of this? This is gangster capitalism.
What about obstruction of justice? What about interviewing these people under caution? What about launching a proper judicial review with powers to subpoena witnesses and evidence? What about the moral and ethical politics President Mottley is calling for?
Where are the media? (Unquote).
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The above extract is ample evidence to justify your clarion description of Barbados as “a failed state”.
Now you know exactly what goes on behind closed doors blocking the hallways of Justice in Barbados.
Now you can appreciate why Leroy Greenverbs Parris can drive the roads of Bim in his luxury vehicles instead of singing like a canary like Donville to avoid time behind bars.
There is sufficiently convincing evidence to bring charges for criminal deception and money laundering against those parties and their estates involved in the CLICO heist.
But why go after the big ‘crooked’ fish in Bim when they can easily lock up a vagrant for shoplifting a nail clipper worth less than $10.00 or lost away a man without a trial for 10 years behind bars for stealing less than $10,000.00 while millions of policyholders’ savings are salted away leaving the taxpayers to carry the can of a financial bailout.
When is the Minister of Finance going to collect the duties and taxes payable on a luxury Mercedes being driven around Barbados by a ghost working in the capacity of the Sales Director for a paper-model hotel called the Hyatt Mausoleum?
Sorry to have to agree with the hypocrite Hal but Barbados is indeed a “failed state”!
@ Pachamama June 27, 2019 9:38 AM
You Do Not want to have Laws Governing you want to have Racism Governing and all Decisions are made through the Prisms of Racism.
You are Governed by Racism which Drives everything for you. You need to Change the Shades you wear and try a Different Perspective for a change because you View is a Real Corrupted and Hateful one.
Once when Freedom was at a Rally and in the Hot Blazing Sun, I put on my sun glasses and all of a sudden everything seemed Cooler so I know the Effects of a Perspective and how the Wrong Perspective gives a False Reality.
David
We strenuously disagree.
All of that procedural BS is only aimed at doing what was previously determined. Kicking the CH matter into the tall grass.
The Bajan typology of the slave has a unique way to justify their modern enslavement to the White acili.
If wunna think that the so-called ‘boys on the block’ are not watching wunna wrong.
You have sown the wind. Now, real the world wind of crime and violence.
At this point we just want ALL OF THEM OUT OF OFFICE and locked up, their evil actions are nauseating, even some criminals are turned off by them. imagine that. They are cancerous, poisonous and a STAIN ON THE EARTH and a BLIGHT on the Black race.
I SAID FROM INCEPTION CHARLES HERBERT WOULD WALK BECAUSE MONEY AND FAVOURS WOULD PASS HANDS.
TOO MUCH CORRUPTION IN THE POLICE FORCE.
BAJANS ARE CLUELESS WHAT GOES ON BEHIND CLOSE DOORS.
THIS GIVES FURTHER CREDENCE TO THE FEMALE ATTORNEY WHO HAS ON TAPE LOCAL POLICE CONSPIRACY.
I HAVE SEEN AND EXPERIENCED FIRSTHAND.
HOWEVER IN THE EYES OF PUBLIC OPINION CHARLES HERBERT IS GUILTY AS CHARGED AND HAS GOTTEN AWAY WITH ONE..
Mrs Herbert is 100% exonerated and, according to the government, an innocent man.
I am pleased with the decision because he has never spoken badly about the current government. So there’s no reason to lock him up.
The situation is different with government critics who could be involved in money laundering and corruption (like D. Inniss). Here the government must finally act and also initiate a tough criminal procedure in Barbados.
Correction: The honourable Mr Herbert
I am trying to follow some of the logic here
Black bajans are stupid
Black bajans are easily led
Black bajans are brain washed
White bajans are thieves
White bajans are never guilty
white bajans are racists
Now that could be one synical way of looking at it, but rather than that view of an incredible island and its people, my view is that investigations were done and there was no evidence of any guilt. To the rest of you romans with your thumbs down there is still one white gladiator in the collisium and you may get your chance to see blood spilt so get your popcorn.
Correction:
The honourable Mr Herbert …
@ lawson June 27, 2019 10:29 AM
Colour doesn’t matter that much in Barbados.
With money you can play as you like, because you can afford the best lawyers and buy the blue ministers as lapdogs.
In addition, the black majority of the population almost exclusively aspires to the civil service. You only acquire wealth through corruption there. The whites are excluded from politics and the civil service. Almost like the Jews in the Middle Ages. So the whites only have the entrepreneurship and they use it for themselves.
Anyway, this is my empirical observation. If someone judges that differently, he may gladly correct me. I have no prejudices.
@ Lawson
I don’t give a damn about white or black.
It is not about race card in this case as far a I am concerned.
It is about DIRTY DEALINGS behind close doors that let some people walk BECAUSE LACK OF EVIDENCE.
NO ONE CAN DENY IT DOESN’T HAPPEN.
If this was a black man you wouldn’t be talking the shite you do.
@Tron
In Barbados and other countries of the Commonwealth, the title “honourable” is given to members of the executive and legislative bodies during their term of service. Mr. Herbert does not qualify.
But perhaps you were employing it ironically.
are we so desperate to see a white man jailed that we would rather the DPP bring charges against one when the DPP determines there is no evidence?
Bim must be a fair and equitable society for all.
where there is evidence place them before the Court dont matter who they are
@ Greene,
traditionally the DPP does not inform the public why it makes such decisions. it would be nice to know. even so they will not at this stage. they will claim the matter is sub judice(Quote)
I am talking about due process, not an investigation. To have a system in which the DPP, or any other prosecutorial lawyer, can walk in to court and say we are not continuing with this case, without explanation, will be perverse.
I have seen any number of cases withdrawn by Met detectives, but in each case the claim was there was a lack of evidence. That had to be told to the court. In fact, nearly all of them was because the Met did not want to reveal its methodologies.
I am suggesting that if there was a prima facie case to prosecute, then the issue of beyond reasonable doubt should be left to the judge and jury. The DPP cannot, should not, be judge and jury.
The comments around this case are enlightening. Sad, but enlightening.
When people show what they are and how they think, believe them.
@Hal
what you are talking about re the MET withdrawing cases has to do with mostly public interest immunity issues where the Police do not want to burn a source. altho we dont have that yet in Bim the DPP has a right to state to the court that it is not proceeding with a matter.
in this particular case it was after a no case submission from the defence and before the Judge could deliberate which would have been after the DPP responded by showing why the case against Herbert should go ahead. Perhaps the DPP reviewed the matter and came to the conclusion that it did not have the evidence sufficient to bring a case beyond a reasonable doubt and the Judge would have found so.
i cant see anything wrong with that and i cant see why the public has to be so told and i am sure the Judge understands.
with respect to intelligence led police where the English forces recruit informants and pay them- the corruption involved in that type of policing pales in comparison with anything we have in Bim and i hope we never adopt that style of policing or to the degree like British forces
THE FELLA GREEN WROTE .what we want to see, what we think we know, what we heard, none of that is evidence that can be presented in Court.
because Herbert was on a boat where drugs were found does not mean he knew the drugs were on board. he could have but how do you prove it?
Surely not in our little onesided justice system. Where this in a country where they do not mek sport with a boy, no matter who you are or what title you may have, Herbert being on board a boat at a time when a shipment of drugs was nicely tucked way, would have commenced a deep-search investigation involving every asset that he, the boat owner and the entire enterprise he once represented with post-haste. The only person that can shed decent light on if Herbert and the boat owner are involved in this shipment of goods is the man the DPP decided to hold.
@ Hal Austin
I am talking about due process, not an investigation. To have a system in which the DPP, or any other prosecutorial lawyer, can walk in to court and say we are not continuing with this case, without explanation, will be perverse.
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Over 10 years ago the former Corrupt deceased Barbados DPP Charles Leacock once walked into a local Magistrates Criminal Court and had a case withdrawn against 2 Singh brothers both Guyanese who were charged after being caught REDHANDED. with 100’s pound of marijuana.
THEIR FATHER WAS A PROMINENT LOCAL JOURNALIST ORIGINALLY FROM GUYANA WHERE THE deceased DPP WAS FROM.
Within the last 2 years the same 2 Singh brothers of Strathclyde area were again caught redhanded with a large amount of illegal drugs and are currently going through the Court system.
The dead DPP is no longer there to save them in their bribing schemes.
And there it is!
The results are in and, after one year of negotiation and back door dialogue, Charles Holder is innocent and free.
@Barbados Underground
are you saying that something comparable happened in this case?
@ HaL Austin
I must add the Court Prosecutor was taken by surprise that day when the deceased DPP Charles Leacock walk into the Magistrates Court himself and withdrew the case AFTER THE 2 SINGH BROTHERS WERE CAUGHT REDHANDED.
It was not USUAL OCCURRENCE.
IT WAS ALSO A CLEAR PERVERSION OF JUSTICE.
The blogmaster invites you to join the discussion.