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One definition of a symptom is defined as a sign of the existence of something, especially of an undesirable situation. In the last 72 hours this blogmaster found a more lucid meaning for the word. A man that stole a bag and contents including $1,000 cash with a total value of $9,230.30 on the 27 March 2009 – as a result of the act he spent 10 years on remand at Her Majesty’s pleasure.

This story immediately evoked embarrassment in the mind of the blogmaster. It ranks up there with the time raw sewage spewied onto one of our most popular streets on the South Coast.

Barbados Underground has posted voluminously about the dysfunction that defines the Barbados Judiciary. If you are in doubt click on the link at the top of this page – File Complaints Against Lawyers.

Successive governments have paid lip service to the problem. There was great hope when outsider Marston Gibson was recruited to fill the post of Chief Justice. However, without the financial support and the will to penetrate an entrenched culture his job was never going to be easy. Some also question his competence.

Recently Attorney General Dale Marshall announced that the government is in the process of recruiting  additional judges to help with improving how justice is dispensed in Barbados. It is interesting to quote Marshall explaining why the search for new judges is being advertised outside of Barbados :-

… to attract the highest calibre of individual to the Bench…I have been a lawyer for almost 30 years and there have been days when I would wake up one day and see in the paper that John Brown is appointed to the Bench. There was no advertisement…None of these were transparent arrangements, but any vacancy for judge in our judiciary, whether High Court or Court of Appeal, will be advertised in Barbados, in the Caribbean, in Caricom, in the Commonwealth, as far as Australia; everywhere in the Commonwealth…

Dale Marshall, Attorney General

The drive to recruit judges from outside of Barbados is interesting because of the huge number of locally trained lawyers educated at great expense to taxpayers.

Winston Adolphus Agard
Winston Agard

How can an educated people go about its daily business if the majority of the population- including those responsible- are not motivated to feel and express outrage at what occurred to Winston Adolphus Agard?

Attorney General Dale Marshall issued a sympathetic statement on the Agard matter as he is politically obligated to do. The question we have to ask is how many more define the revised definition of symptom? How many more human beings are sitting at Dodds prison on remand- forgotten by the system?

Screenshot 2019-06-08 at 07.49.24
Floyd Downes

Barbadians everywhere thank prison warder Floyd Downes for his civic minded act. It is reported he whispered to court officials including Justice Randall Worrell about the horrific miscarriage of Justice Agard was being made to suffer by the Barbados justice system.

Why, why, why so long? How many more?

This blogmaster urges AG Dale Marshall to direct Superintendent of Prisons John Nurse with immediate effect to audit all inmates on remand at the Dodds prison and report findings. The information that will be of interest is the length of time those on remand. We have to address the symptoms until a more incisive cure can be implemented whenever that may occur.


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98 responses to “When Justice Blinked for 10 Rh Years”


  1. Come on….. surely someone (or persons) did not do their job. Why is there no investigation to determine “why did this happen”??? When those responsible are found (if ever), deal with it!!! The state should compensate Mr. Agard.


  2. Justice blinked!
    What blinking justice?
    The blogmaster is asking where is the outrage that something like this could occur.
    We have been doing similarly to juveniles for years particularly during the period where a particular judicial officer,now “championing”childrens rights,
    Locked up poor peoples children, giving maximum sentences for trivial offences.
    If we do this to our children, why is it surprising that we could forget a “nobody” in Dodds on remand.


  3. He must have passed through the hands of a lot of judges if he was asking for bail!!

    None of them twigged?

    Was this the first time before Worrell J.?


  4. Injustice system failing. Call out the Knights to champion the cause of justice! Wait! There are already there!


  5. He is entitled to financial compensation. That is a miscarriage of justice. In fact, it is not justice.


  6. Mr Agard was failed by the entire system. He passed through the prosecution authorities, court officials, prison officials (they must check that they have the right person in custody), the presiding magistrates and judge(s), his family and friends. He slipped through the system because of his social background. Had he been Charles Herbert the world and his cousin would have noticed.
    Barbados is a failed state.

  7. WURA-War-on-U. Avatar
    WURA-War-on-U.

    Nurse at Dodds is a useless, uppity nuisance himself.

    Worse thing ever is to give black people positions of power over each other, they always find a way to turn it into human rights violations, the jackasses i Barbados are famous for this…idiots.


  8. It is time for Mr. Nurse to be pressured into making a statement for what has occurred under his watch. How many others have fallen through the cracks? The above ground press must take action to uncover this information.
    Now that we all know what is occurring the greater injustice would be to let this matter remain unresolved.


  9. Why is a soldier in charge of our only prison?


  10. There is a software the prison uses to track prisoners in the system. It is hard to imagine it does not generate management reporting to alert about date entered, reason for entry, court date due, etc.

    Explanation please AG Marshall!


  11. I read that he has to return to court be sentenced. As a layman, this does not make sense. Surely, the man should have been set free at once.To even decide that he has to come back to be sentenced, reminds of CCJ ruling (if a man who was remanded for ten years, is then given a fifteen-years sentence, the time to be served is five years, not ten plus fifteen which is twenty-five: the latter was being enforced locally).These pompous idiots( walking around in wigs and black cloaks should really go and read Planck’s law on black bodies and heat absorption) we have here didn’t seem to understand that.


  12. @ David,

    In my layman’s opinion

    Tracking prisoners on remand could be the responsibility of the Director of prosecutions office.


  13. @ Hail Austin June 8, 2019 9:08 AM

    I have been admonished for saying Barbados is a failed state. I thought of using the term a banana-boat republic. The latter term is incorrect since we are not even a republic and we don’t produce a lot of bananas. I am at a lost for words to describe the level of blundering incompetence this country as reached.


  14. @Hants

    They all have a responsibility to manage prisoners in the system to ensure justice is dispense.


  15. Will BU bloggers join me in calling for substantial compensation for Mr. Agard ?

  16. Vincent Codrington Avatar
    Vincent Codrington

    @ Hants at 10 :42 AM

    Surely it must be the court which sent him on remand and which has to determine sentence.


  17. Way ahead of you Hants on another blog.

    The man was held without trial for an unreasonable period of time which also exceeded the maximum sentence for his crime.

    That’s WRONG ON TWO COUNTS.

  18. Vincent Codrington Avatar
    Vincent Codrington

    This is another indicator of non linear thinking. It is not my fault syndrome.
    Family and friends did not care.
    Lawyers did not care.
    The law court did not care.
    The DPP office did not care.
    Did the Judge’s clerk keep a roster?
    Do we really understand what independence means?


  19. @Hants

    Do you see the number of related departments that should add up to justice being done in Barbados?

    Associated Departments

    Principal Legal Adviser to the Government
    Legislation, including Law Reform and Law Revision
    Court Administration
    Legal Aid
    Legal Affairs
    Process Serving
    Court Process Office
    The Magistrates' Courts
    The Registration Department
    The Supreme Court
    The Community Legal Service Commission
    Rehabilitation of Offenders Board
    Director of Public Prosecutions
    Financial Intelligence Unit
    Anti Money Laundering Authority
    Family Law Council
    

  20. Barbadians take note. This shit could happen to ANYBODY. Even those who have committed NO CRIME AT ALL!

    This is a VERY BIG DEAL!


  21. How is this prison industrial system any different than institutional slavery.

    We have called for the abolition of all prison systems in these not so former slave states.

    For everywhere a prison or jail exist slavery is with us still.

    Afrikans never had such a tradition. There were any words for prison or jail until ….


  22. @Hants

    Any basic Jail Management Software seems to cover off prisoners getting lost in the system.

    https://www.capterra.com/jail-management-software/


  23. @Pacha

    What do we do to enforce punitive measures?

  24. bajanfreeparty Avatar
    bajanfreeparty

    All a set of crooks, act like they dont know and run stories , Just like the High Court at like they dont know when cases are to be posted, Holding cases in Chambers doing nasty deals and not in Open Public Court like the rest of the World. For each person get a different deal base on more crime in the courts, Name, Rank, and Party , Let see if they forget to Leave Vonda Pile of She-it in there for 40 years to help match the money she took,


  25. June 8, 2019 11:41 AM

    @Pacha

    What do we do to enforce punitive measures?

    Change the government, !


  26. David
    Create another cultural ethos.
    Restorative justice
    Build a more equitable society
    Remove the conditions which suborn ‘crime’ of all types
    Reparative justice
    Stop being ‘punitive’
    Truth & reconciliation
    etc


  27. @Pacha

    Fair enough. Long term results. Is there an indication we have planted the seeds?


  28. Pacha,

    Good luck with that one! It makes too much sense.


  29. David

    The people who argue for the sanctity of life and the ‘Criers for Freedom’ have no narrative when we see cases like this one. But they would want us to believe that ‘to destroy one live is to kill the whole of humanity’ (sic) but not practice this maxim.

    And most of the rest of us feel that once we are not so ensnared the world is well. That something has to be wrong with detainees. Never seeing this issue as fundamental to our own existences.

    How many people on BU support political prisoners in jails throughout the world.

    In the United States, for example, there are many ‘political’ prisoners languishing in jail 40 and sometimes 50 years on.


  30. lol this fella coudnt get a lawyer to get him out but now that their may some financial compensation they will be crawling all over each other to represent him


  31. Pacha,

    Why have you not been promoting your ideas among the people of Barbados?


  32. David

    How does the family of a murdered father get justice from this system, by locking up somebody else? And how is his family served?

    How does the wider society benefit from this criminalization, incarceration and destruction?

    When would we learn that there is no benefit to anybody?

    In the USA even the fascist Koch brothers and other far-right oligarchs have come to see that the prison industrial complex impinges on their own personal human rights, freedoms and are putting some of their money in that direction. But they still doing real shiiite including this attempted putsch against Venezuela.

    Have we not reached the stage where there should be a radical rethinking of all the social systems around us?


  33. Donna

    The only way they’ll take us seriously is if we came with a pocket full of money and offered to buy Dodds!

    Also armed with a proposal from a top 4 accounting firm

    Money talks ………………………… the other thing walks. LOL


  34. Somebody just whispered that the GDP goes up every time there is a murder

    True!

    But is that the best society we can have?


  35. @Pacha

    Are you advocating privatizing our prison as they have done in the USA?


  36. I’m sure I’m not the only one who thinks that it is time for a thorough examination of ALL our beliefs. This tinkering is a waste of time. This is why I do not participate in discussions that do that. It is our entire worldview and paradigms that need examination We are spinning top in mud otherwise.

    It’s never going to be perfect but there has to be a better way. Right now even the rich people don’t look happy. Not really.


  37. Donna

    true

    as usual


  38. Native Indians don’t believe in prison. In some part of Canada offender is released to the Elders. There is significant Elder respect in native communities. They counsel and lecture the offender, give him tasks to do and meet with him regularly until they think he has reformed. They are of the opinion that prison blights the spirit and the person is wasting their life locked away.

  39. WURA-WAR-on-U Avatar

    I wonder if this long suffering Auditor General understands that the Mottley government is NOT INTERESTED in addressing any matters that negatively impacts the majority population who pay all their salaries, including their shite consultants. A very clear indication that NO JUSTICE will be proffered by this government for the people, just get their BACKSIDES GONE come next election, they are as useless as we suspected..

    Both governments have known for years that their consular officers tief big..

    https://barbadostoday.bb/2019/06/08/audit-concerns-need-addressing-says-auditor-general/


  40. Dame Bajans

    Correct.

    But what most people don’t know, or want to accept, is that the so-called native peoples were originally Afrikan populations of the Western Hemisphere.

    It was only 15000 years ago that some light skinned Asiatics came with superior weaponry and subjugated, inter-married with, largely displaced, etc the populations of Afrikans in this hemisphere who were here for over 100,000 years before. Even today we can still find such evidences. And some so-called natives are as Black as mid-night!

    There was never anything natural about prisons, or jails or any of this artificial anti-judicial systems we have around us. The sooner it can be dismantled, the better!

    And the longer we keep it, the faster social decay will be wrought.

    In short, the so-called native customs were, and are, Afrikan traditions of philosophy, law and real justice.


  41. David 12:05

    Unfortunately, yes!

    Everybody tends to see what we have as ‘normal’ or the highest level of the evolution of our social and legal systems.

    We are all wrong!


  42. David 12:57

    Of course not.

    Unless it is being bought in order to immediately close it down.

    We are set against the whole of the prison industrial complex, money making or not!

    We have twice dumped stocks with the slightest investment in those systems,

    Companies which outsource their production to prisons, use prison labour, etc


  43. Dame Bajans and Pachamama. You should tell us more. Some of us wish to know. And some of us will spread the word. It will not happen overnight but planting a seed cannot hurt.

    You know, there are prison reality shows that people enjoy watching but I could never stomach them. I find no joy in watching human beings behind bars.unless they are psychopaths. It offends my senses, really. Makes me cringe. Another thing that offends my senses is when I see the prisoners with chains on their feet and hands coming to the QEH for treatment. I can’t even look at them. Even though I know they have done wrong I still do not feel comfortable.

    But Pacha, what do we do if there is no respect for any elders and the person is intent on continuing in their criminality. What about those intent on committing further violent acts? How would the system work then?

    Please enlighten.

  44. WURA-WAR-on-U Avatar

    Mia is a WICKED DEMON..she is in the UK telling endless lies to Bajans in the Diaspora, these people need to speak to their relatives in .Barbados…or Mia’s many hands…will tief their money and properties.

    the only heavy lifting anyone politician/minister/lawyer EVER DID in Barbados….IS TIEF FROM THE PEOPLE.


  45. Donna

    Your Afrikan ancestors did not even incarcerate the so-called psychopaths

    Instead, they used drums and other spiritual methods to heal what we today call psychiatric illnesses. There you go Georgie Porgie!

    Donna, you maybe underestimating the power of positive societal pressure. Have you ever noticed that the ‘baddest’ man in any society behaves differently when in the company of one or two persons, and even if those persons may themselves be so-called criminals. But their respect for others like themselves presents an opening for healing.To break the cycle of violence.

    Most ‘law breakers’ don’t even understand the magnitude of their actions. This writer has seen big, tough men, cry like babes when you sit down with them and calculate the enormity of their actions, how many people are suffering, the kinds of suffering. We have to teach these thing before our young people become teenagers. We know well how to prevent certain behaviours, but lack the will.

    For those who we deem to be violent recidivists, there could be a number of causal reasons for that behavior. As a family, community, society we have to uncover the underlying reason and respond meaningfully. We certainly have failed by pretending that we can throw away people in penitentiaries and pretend the problem exist no more.

    This writer got interested in prison issues when the late Tim Hector’s wife was murdered. Hector when into the court and told the judge that he did not want the state to commit murder in his name. And that his wife would not want that either. This was deeply moving, a departure form the norm, so we wanted to understand his thinking.

  46. WURA-WAR-on-U Avatar

    HEAVY LIFTING by DBLP = TIEFING FROM THE PEOPLE.


  47. well Donna their favorite colors are blue and blue light.

  48. WURA-WAR-on-U Avatar

    Mia is so damn evil, she has no clue how well Rwanda is doing, she is too damn DANGEROUS and LYING.

    from she released a white tourist sexual predator from UK who assaulted a black woman, she is very dangerous and cannot be trusted for any reason at all…and SHE HAS TO BE REMOVED, she cannot be allowed to stay.

  49. WURA-WAR-on-U Avatar

    “For those who we deem to be violent recidivists, there could be a number of causal reasons for that behavior. As a family, community, society we have to uncover the underlying reason and respond meaningfully. We certainly have failed by pretending that we can throw away people in penitentiaries and pretend the problem exist no more.”

    ypur black leaders are DUMB…whatever white racist countries throw at them, they immediately unroll it on their people, no vision, no intelligent thought.

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