The Jefferson Cumberbatch Column – Fear of the Sedition Act

They say a young minister was found, in a hotel with a call girl in town,
But I ent singing ’bout that, ah ‘fraid the Sedition Act…”

They say [that] government pass the Divorce Bill, so that Eric could get his own at will
But I keeping out of that, ah ‘fraid the Sedition Act…” –
Chalkdust- Ah Fraid Karl [1972]

A person is guilty of an offence who-

(b) communicates any statement having a seditious intention-Sedition Act 1920 [T&T]

My last two columns here treated severally two aspects of the tort of defamation. The first, some weeks ago, discussed the concept of the ordinary reasonable reader, that anthropomorphic conception of justice that is used to determine the legal meaning of a written imputation alleged to be defamatory, while the second, published just last week, dealt with the novel defence of triviality that is to be found in the Barbados Defamation Act only in the region.

While defamation is a constitutionally recognized qualification of the guarantee of freedom of expression, some other exceptions exist, whether by statute or common law. One such that recently arose for public discussion, at least in Trinidad & Tobago, was the democratic validity in modern times of a charge of sedition, given the nature of political discourse.

It appears that Mr Watson Duke, the head of the public sector workers’ organization in that country, was slapped with a charge of sedition under the Sedition Act 1920 (as subsequently amended). I am not privy as to the precise words of sedition allegedly used by Mr Duke but in part of the impugned speech he is reported to have stated: “We must be prepared to die, folks, You know why? This is your belief, this is your family, and I am sending the message clear, let Rowley [and] them know that the day they come for us in WASA, we are prepared to die and the morgue would be picking up people.”

According to the provisions of the Act, long-titled “An Act to provide for the punishment of seditious acts and seditious libel, to facilitate the suppression of seditious publications and to provide for the temporary suspension of newspapers containing seditious matter”, a seditious intention is defined as “an intention-

(a) to bring into hatred or contempt, or to excite disaffection against Government or the Constitution as by law established or the House of Representatives or the Senate or the administration of justice;

(b) to excite any person to attempt, otherwise than by lawful means, to procure the alteration of any matter in the State by law established;

(c) to raise discontent or disaffection amongst inhabitants of Trinidad and Tobago;

(d) to engender or promote-

(i) feelings of ill-will or hostility between one or more sections of the community on the one hand and any other section or sections of the community on the other hand;

Or

(ii) feelings of ill-will towards, hostility to or contempt for any class of inhabitants of Trinidad and Tobago distinguished by race, colour, religion, profession, calling or employment;

or

(e) to advocate or promote, with intent to destroy in whole or in part any identifiable group, the commission of any of the following acts, namely:

(i) killing members of the group; or

(ii) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction. [section 3(1)]

While in multi-ethnic Trinidad &Tobago, it is arguable that section 3 (1)(d) and (e) specifies conduct that ought reasonably to be prohibited, the preceding sub-sub-sections (a)-(c) appear rather to be the very raison d’etre of those political parties and other forces opposed to the policies of the incumbent governing administration, apart from the use of otherwise than lawful means of course.

It seems a stretch therefore to classify mere political opposition as sedition. Hence, perhaps, the limitation stipulated in section 3 (2)-

But an act, speech, statement or publication is not seditious by reason only that it intends to show that the Government has been misled or mistaken in its measures, or to point out errors or defects in the Government or Constitution as by law established, with a view to their reformation, or to excite persons to attempt by lawful means the alteration of any matter in the State by law established, or to point out, with a view to their removal by lawful means, matters which are producing, or have a tendency to produce-

(a) feelings of ill-will, hostility or contempt between different sections of the community; or

(b) feelings of ill-will, hostility or contempt between different classes of the inhabitants of Trinidad and Tobago distinguished by race, colour, religion, profession, calling or employment …

As with criminal libel, the laying of such a charge by the state at once interrogates its reasonable requirement and justification in modern democratic society. More so in Trinidad & Tobago where the Constitution expressly guarantees in section 4 (e) the right to join political parties and to express political views”. Of course this right is not absolute and there also exists a savings law clause that ought to preserve the legal validity of the Act but an issue nevertheless remains as to the legitimacy of the use of the awesome state power to prosecute political speech not to one’s liking.

Also, similar to defamation, the intention of the publisher of the statement in question is irrelevant, Rather it is the natural reaction thereto that goes to determine whether a seditious intention existed.

Section 3 (3) reads-

In determining whether the intention with which any act was done, any words were spoken or communicated, or any document was published, was or was not seditious, every person shall be deemed to intend the consequences which would naturally follow from his conduct at the time and under the circumstances in which he so conducted himself.”

Reaction to the charge has been seemingly mixed. My colleague, Professor Rose-Marie Antoine, Dean of the Faculty of Law at St Augustine, has expressed fear that the country’s misused sedition laws create uncertainty in T&T’s democratic society. She described the act as “archaic” and noted that although the act was amended in the late 1970s, there was a need for it to be re-examined once more.

For his part, the Honourable Prime Minister, Dr Keith Rowley has pooh-poohed the argument as to the Act’s vintage. According to him, “The biggest conversation in Trinidad and Tobago today is how old the Sedition Act is. And it’s time to get rid of it. Well, then, if that is how we approach it, we might as well go with the whole basket. Let’s get rid of the Trespass Act, that’s ‘kinda’ old too. Let’s get rid of the [A]ct for murder and crime. And while we’re at it, let’s get rid of the [A]ct which speaks to common assault, which dates way back to the days of King John and the Magna Carta.” 

We look forward with interest to the eventual judicial resolution of this matter in general and of the various forensic arguments that will arise in particular. Is the Act still reasonably required and reasonably justifiable in 21st century Trinidad & Tobago? Or parts of it only? Is section 3(2) sufficiently exculpatory? Does the savings law clause foreclose any argument as to its constitutional validity? What is the true extent of the freedom guaranteed in section 4(e) of the Constitution? Film at 11, I suppose.

67 comments

  • One would have thought this matter raised by Jeff would have tickle the interest of the BU intelligentsia. Maybe not.

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  • Vincent Codrington

    @ David BU

    Intelligent ,though they are,a discussion as to what constitute sedition may help. Surely it cannot mean defaming a minister? Or speaking against a law recently passed by Parliament.?

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  • @Vincent

    At the heart of the critique by Jeff is whether the law is archaic and can be used by the political class for example to intimidate the people.

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  • se·di·tion
    /səˈdiSH(ə)n/

    conduct or speech inciting people to rebel against the authority of a state or monarch.
    synonyms: incitement (to riot/rebellion), agitation, rabble-rousing, fomentation (of discontent), troublemaking, provocation, inflaming; More

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  • “Surely it cannot mean defaming a minister? Or speaking against a law recently passed by Parliament.?”

    …oh but they would try to turn it into something like that…with their delusions that they are some type of royalty…AND NOT THE SERVANTS THEY WERE ELECTED BY THE PEOPLE…TO BE..

    no one can be seditious against CORRUPT GOVERNMENTS…it is just an excuse to GAG the population….who needs to REMEMBER THAT…come next election…ticktock….the populi in multiple island states are waiting for their VOTE BEGGING backsides….these useless, limited intellect ministers……thatt have kept generations of majority black populations in BONDAGE in the Caribbean… for far, too long just to feed their tourism BEAST…

    That does not necessarily apply to Trinidad cause they do not have a ONE HORSE ONLY INCOME..that never reaches beyond maintaining a LOW WAGES SLAVE SOCIETY like Barbados, 5Bahamas and many other small economies.., they have oil…so the agenda would be slightly different but not by much.

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  • Congratulations Jeff on your new appointment
    As a sitting jurist I am not sure that you will be able to continue these articles, but our loss is Barbados’ gain and I’m sure that your judgements will raise the stature of the Court

    Like

  • New judges appointed
    Article by
    Barbados Today
    Published on
    September 8, 2019

    Attorney General Dale Marshall has announced the appointment of new judges to the Court of Appeal and High Court of Barbados.

    In the Appeal Court, those judges are: Justice Rejendra Narine, a judge in Trinidad and Tobago; Barbadian, Francis Belle, who serves as a judge of the Court in the Organization of Eastern Caribbean States (OECS); and Jefferson Cumberbatch, a leading academic at the University of the West Indies.

    Meanwhile, those appointed to the High Court are: Shona Griffith from Belize; Cecil McCarthy, QC, who acted as a judge in the High Court of Barbados over the last three years; leading practitioner of Family Law in Barbados, Cicely Chase-Harding, QC; Barry Carrington, a public servant who also acted as a judge in 2018; and Chief Magistrate, Christopher Birch.

    “Under the Constitution of Barbados, the Prime Minister, having taken into account the recommendations of the Judicial Appointments Committee, is obligated to consult with the Leader of the Opposition.

    “The Prime Minister did that consultation over the last week and the Leader of the Opposition has without any reservation supported the recommendations that were first made by the judicial appointments committee and accepted by the Prime Minister,” Marshall said.

    He also announced that renowned jurist, Justice Carlisle Greaves, will return to act s a temporary judge, along with Laurie-Ann Smith-Bovell, who has also done “outstanding work” in the island’s justice system.

    These temporary appointments will see the number of criminal courts hearing criminal matters moving from two to five, with the two temporary judges working to clear the backlog.

    However, the Attorney General explained that the appointment of temporary judges was not advertised. “If the business of the Court is such that urgent appointments need to be made, the Chief Justice will activate the process,” he said.

    Prime Minister Mia Mottley explained that in changing the way judges were appointed in Barbados, this was the first time the positions were advertised, and a committee established to conduct interviews and make recommendations.

    Those recommendations, she said, were then accepted, and consultations held with the Leader of the Opposition, before the recommendations were taken to the Governor General.

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  • We know the judiciary will be improved by Jeff’s presence. An academic and a gentleman.

    Congratulations!

    Liked by 1 person

  • “and Jefferson Cumberbatch, a leading academic at the University of the West Indies.”

    Progress.

    Liked by 1 person

  • Congrats Jeff !

    Liked by 1 person

  • @ the luminary Jeff Cumberbatch,

    Congratulations are in order for you Jeff Cumberbatch

    It was clear as daylight where you were going to de ole man

    As I did say on 3 occasions mention the destination so it was not a surprise.

    There is something that is bothering me about these your last 3 articles

    On libel defamation and sedition.

    An de ole MAN will explain my rational with an excerpt of your Trinidad and Tobago law which says and I quote

    “…a seditious intention is defined as “an intention-

    (a) to bring into hatred or contempt, or to excite disaffection against Government or the Constitution as by law established or the House of Representatives or the Senate or the administration of justice;…”

    One notes that you have been appointed BY MUGABE.

    and that in and of itself is informative BECAUSE…

    Two

    What are Barbados’ laws on Sedition?

    Are they any?

    And if they are, why did you not quote them, as opposed going to T&T.

    You also reference the perceived age of these laws.

    De ole man will watch go see how rapidly local laws in this regard will change to follow suit THEN IT WILL BE APPARENT WHAT US HAPPENING under the Mugabe regime

    As the bajan statement days ” you can hide and buy land but you cannot hide and wuk it.”

    Implementation of these 3 laws CANNOT BE DONE IN THE DARK particularly not with the PDP and Senator Caswell Franklyn on the ball

    Finally.

    You said and I quote

    “…“In determining whether the intention with which any act was done, any words were spoken or communicated, or any document was published, was or was not seditious, every person shall be deemed to intend the consequences which would naturally follow from his conduct at the time and under the circumstances in which he so conducted himself.”

    It seems to de ole man that in the absence of reference to Barbados ‘ laws on Sedition you are tacitly putting Bajans on notice as to what is coming with this rearrangement of the deck chairs and this imminent gagging THAT WILL FOLLOW!

    A thing that one notes about you is that you can go west and come back from the east.

    I for one fear this Despot Mugabe BECAUSE OF THE ILLEGALITIES THAT SHE WAS PERPETUATED OVER THE LAST 450 DAYS!!!

    While absolutely no one is getting up go fight it in court AND NOW WE HAVE TO FEAR MORE WHEN there are so many new appointee.

    “No man can have two masters for either he will love the one and hate the other …”

    You are being picked because of your competencies.

    Your integrity cant be bought but what bout de rest?

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  • Why has the Murder count on thd Barbados Underground pages NOT CHANGED?

    Do wunna fear dat pieces death count of 50 IS FAST APPROACHING and wunna wants to limit my gift of prophecy?

    Please adjust the count to it’s right count

    Liked by 1 person

  • @ the LUMINARY Jeff Cumberbatch

    De ole MAN wishes to ask a few questions.

    And I hope you respond to these unlike how you you did not respond to those posted in your last article

    Would you care to comment on whether the above Stoopid Cartoon is Seditious?

    I am minded by your quote which states

    ” ..(ii) feelings of ill-will towards, hostility to or contempt for any class of inhabitants of Trinidad and Tobago distinguished by race, colour, religion, profession, calling or employment;…”

    Upon what will be the interpretation of “ill-will” “hostility” or “contempt” Mr Cumberbatch?

    Please define for me if “distinguishes by the calling of being a politician ” falls into such cursory interpretation?

    And suppose if while saying the word politician I say the word, “teifing or rass**le politician” does that adjective expose me to the subjective interpretation of say a judge who is tasked to decide on the purported act of sedition?

    Grateful if you could respond go these questions

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  • @ Piece

    YOU HAVE LONG GONE PASS SEDITION.

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  • Congrats Jeff

    Remember though, Ms. Mockley changed the constitution which allows for removal of judges who delay decisions over six months.

    Don’t fall into the bad habits of your illustrious brothers and sisters!!

    Liked by 1 person

  • Sunshine Sunny Shine

    You wrote some very interesting articles over the period that you were contributing towards educating the masses. Although the SSS did not make much commentary to most of what you wrote, the SSS still read them with interest. Guess what I want to say is congratulations on the appointment, but I will reserve my praise until the impact of your presence is known. I hope you do make a difference, and not end up being a conformist.

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  • @ Baje (or he who heretofore spoke unkindly of Piece THE LEGEND but now has been ascribed to the League of Cyberactivist FOREVER!!!)

    BAJE, GOOD MORNING!

    Fe ole man smiles daily as one progresses the cause of alternative opinion here on Barbados Underground.

    Ironically each submission here has originated from a place much further back that the one sided perspective that you see st today

    And so, to bring you up to speed de ole man will do two things.

    I shall first define cyberactivism

    “…allows any individual or organization to utilize social networks and other online technologies to reach and gather followers, broadcast messages and progress a cause or movement…”

    and BECAUSE YOU ARE NEW, I will bring you up to speed with

    Which will make you, and the Mugabe supporters confident in your erroneous beliefs

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  • So let de ole man share with you my “SEDITIONIST AGENDA”

    It is noteworthy Baje that you have absolutely ignored these significant parts of precisely what the Luminary Jeff Cumberbatch references in his article quite conveniently too.

    de ole man will quote it for you since you seem blind to the pertinent remarks by the LUMINARY

    He says and I quote

    “…But an act, speech, statement or publication is not seditious by reason only that it intends to show that the Government has been misled or mistaken in its measures, or to point out errors or defects in the Government or Constitution as by law established, with a view to their reformation, or to excite persons to attempt by lawful means the alteration of any matter in the State by law established, or to point out, with a view to their removal by lawful means, matters which are producing, or have a tendency to produce…”

    I realize that you did not see the words “…with a view to their removal by lawful means…”

    So why is that Baje?

    Why is it that you are not willing to say the Mr. WILLIAM SKINNER, a supreme cyberactivist who says “The Duopoly Rules…” IS A SEDITIONIST?

    Nor are you willing to say The wise Pachamama IS A SEDITIONIST when he bundles BOTH PARTIES into the same manifestation.

    Nor is Mr Hal Austin a seditionist!

    But de ole MAN who has campaigned for years for a seismic change in this political pendulum of ineptitude IS A SEDITIONIST?

    WHY DAT?

    because you joined the party late and you saw the tail end of the meteor AND THOUGH YOU WERE NOT THERE, proceed to describe with Authority, what de ole man, AND ME GRANDSON, is and are.

    If you know nothing about the subject matter PLEASE SHUT THE FVUCK UP

    You have no effing idea what drives de old man.

    It ent bout Stoopid Cartoons or clicks or changes to laws to seek to encourage foreign governments to ***.

    I am a Son of the Same Soild dat de despot Mugabe and the incompetent Fumbles ARE FVUCKING UP, he with superlative idiocy AND SHE WITH SUPREME MALICE AFORETHOUGHT.

    I want a new type of governance THAT IS BASED ON MERITOCRACY NOT NEPOTISM!!!

    That is why Barbados is in shy$e street AND THAT’S WHAT de ole man is persevering to change.

    But you will see that as “beyond sedition” heheheheh cause you belong to thd generation that LKKES TO COMPLAIN IN THE BACKROOMS, not de ole man heheheheh

    Liked by 1 person

  • Congratulations, Jeff. Well done. You deserve it. A reward for engagement with the public.

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  • @ the Luminary Jeff Cumberbatch

    It would appear dat de ole man going bad de only body to ask you questions here.

    So le me continue

    You said and I quote

    “…More so in Trinidad & Tobago where the Constitution expressly guarantees in section 4 (e) “the right to join political parties and to express political views”…”

    Is the above picture WHICH SHOWS THE DUOPOLY which has collaborated for 30 years AND BROUGHT THE COUNTRY TO WHERE WE ARE TODAY, IN TEARS AND IN THE IMF’s hands, responsible digital activism?

    What is the real fear here Mr Cumberbatch?

    You remember Eric Fly Sealy?

    When he was alive he would hold these on the fly church services cum political meetings

    His anti party in power session would attract 30 or so people at tops a few hundred.

    But you know why dem hates PIECE DE LEGEND and have changed de law to lock up Piece de Legend?

    De ole man will explain to you why oh Luminary.

    As a premiere activist, THE LEGEND can post a slogan, picture AND DE GRANDSON PSYCHOGRAPHIC WARFARE in seconds

    In those seconds de old man can visually package any issue, share it with my gigantic list of fans, and worshipers and get de people aware of de faeces dat going on real rapidly.

    Mugabe (and Fumbles) hate dat de ole man can connect to all me followers in s hurry.

    Imagine dat she tek de whole of de island jes to get 5,000 viewers AND DE OLE MAN AND ME GRANDSON, GET 15,000 views jes so.

    Dat is hated bad Mr Cumberbatch.

    De ole man ca plug into likeminded online communities and distribute a message in milli-seconds

    and, de ting is dat, it is an effortless activity.

    So while it tek 10 of Mugabe soldiers to come heah and attack de old man ALL I DOES DO IS mek one picture AND DEM DOES BE VEX FOR MONTHS!!!

    Mugabe jes hire a felldr Charles Me Love You Long traditional and give he clise to a Permanent Secretary salary.

    TO FO DE SAME THINGS DE OLE MAD DOING against thd citizens of Barbados heheheheh

    The issue then Mr Jeff Cumberbatch is not so much that de ole man, if I chose to be like Eric Fly Sealy and use his anthromorphic (dat is you word Luminary) methods of going door-to-door or standing on street corners, pretending to have a revival meeting, dem would not now be seeking to lock up de ole man for sedition.

    If de old man was pun Broad Street asking passersby to sign petitions, Mugabe and Baje, would not be saying sedition (and Eddie Hinkson and Teets would not even now be trying to ***)

    It is simply that de ole man good wid de Digital Media Activism AND DEM FEARS DE INSTANTANEOUSNESS OF THE MEDIUM and therefore your Sedition subject matter IS GOING TO BE RELIED ON, real soon.

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  • @ the LUMINARY Jeff Cumberbatch

    De ole man dun tell you that

    A.de sheeple DOES NOT ONERSTAND NUFFIN dat you write here

    And

    B.the people, about 98 % do not understand either!

    Take for example the following sentence where you said and I quote

    “…Section 3 (3) reads-

    “In determining whether the intention with which any act was done, any words were spoken or communicated, or any document was published, was or was not seditious, every person shall be deemed to intend the consequences which would naturally follow from his conduct at the time and under the circumstances in which he so conducted himself…”

    “Deemed to intend the consequences…”

    You ever watch Kung Fu movies Mr Cumberbatch? You EVAH see shiny guy issue instructions to his henchmen bout “..kell all de old and young menses, and de ole womenses AND BRENG (that is bring in chinese) breng ALL DE YOUNG GIRLS to me heheheheh ”

    I get dat laugh from Skinny guy Luminary

    So you mean that if a bajan watch Skinny Guy and lef de teatre and kill all de ole menses and womenses AND HAVE DEM WAY WID DE young girls (remember Walter and his “trembling botsies” comment?), are you suggesting dat Skinny Guy is responsible for that statements ingrunt?

    So, if only to wrap up thd convoluted reasoning, if by some grand reasoning, a feller sees de ole man Stoopid Cartoon below AND pull a Sydney Burnett Alleyne, and one of the new Justices “deem that the author of the Stoopid Cartoon, intended insurrection AS OPPOSED TO VOTING OUT MUGABE, is this what your article is saying Mr Cumberbatch?

    Here is my Stoopid Cartoon

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  • @ the Honourable Blogmaster

    This comment is directed to you

    “…“We must be prepared to die, folks, You know why?

    This is your belief, this is your family, and I am sending the message clear…”

    Do these words look familiar?

    I know ONE OF YOU, the one that reads AND UNDERSTANDS would have seen it above in Mr Cumberbatch’s article.

    But beyond that, DO THEY LOOK FAMILIAR?

    Look closer…have you seen them before???

    And before you answer that question de ole man going ask you if you feel that person is guilty of sedition?

    These are your words Honourable Blogmaster!!!

    You made a similar comment just a month ago, here on the blog in response where you said something like “where we Diaspora dwellers had the option to run way THAT YOU DID NOT HAVE THAT OPTION FOR YOU NOR YOUR FAMILY…”

    The fact is that, with a little massaging by overzealous judges EVEN YOU would be a seditionist!!

    Liked by 1 person

  • de pedantic Dribbler

    First up, I share the congratulations to you Prof Jeff. Like all others I look forward to your astute judgements and as importantly very timely decisions after you and colleagues have heard the case.

    And as others stated we will miss this wonderful opportunity we had over these many moons to gain an awesome legal education from your essays and lively exchanges…would it be that some smart computer maven could deftly produce a compilation of what transpired here with the credible feedback included (nonsense deleted) .

    That would be excellent legal tutoring for all.

    It would have been very, very interesting to have seen you on the High Court and not at Appeals!

    And one last question for you if you do review these feedback: Is your appointment from academia a first in Bajan jurisprudence (and what of region)?

    Your dad would have been bursting with extra pride… God’s speed ahead to you and family!

    @Mr Blogmaster….re “At the heart of the critique by Jeff is whether the law is archaic and can be used by the political class for example to intimidate the people.”

    What does archaic mean as applied to a law? I agree with the PM’s view on that point. Any law can only be archaic if it’s very foundation for enactment has been COMPLETELY superseded by new ways of social interface…as I read the above that does not appear to be the situation.

    Maybe parts of the sedition act need revising but overall it appears quite valid.

    I believe folks have always been caught off guard by supposedly *archaic” laws … where archaic can be defined as ‘forgotten they were still in the statute books”…

    That this actvitist is being intimidated is not in doubt but that he could be convicted by those misusing the statute will be the question for the courts naturally…his seems a winnable case!

    Oh one small addendum…how eras and collegiality come together…weren’t Judge McCarthy and Belle cadet officers at the same time in the same cadet company 3 (school) in their youth…or am I mixing my apples and oranges here!

    Liked by 1 person

  • Those who were looking for answers re the attempt to cremate Natalie in Barbados can find it on Jeff’s other blog, the Defense of Triviality, now that most everyone is in one place..

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  • I would sincerely like to offer my best wishes and congratulations to Professor Jeff Cumberbatch on his elevation to high judicial office and am sure that Bu’S loss would be the gain of jurisprudence in this country where the quality and service of the system of justice has been under question for too long. I have no doubt that Mr Justice Cumberbatch would be impartial in his rulings and would uplift jurisprudence with his training, knowledge and experience.. All Hail Mr Justice Cumberbatch.

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  • Vincent Codrington

    Congratulations to you, Jeff Cumberbatch on your elevation to the Court of Appeal. We know that you will do well based on the insightful articles and opinions which you gave to the members of BU Household.

    Congratulations to the other appointees who read BU. Very good choices. I wish you all successful outcomes in your new positions.

    Like

  • Congrats Jeff.

    Liked by 1 person

  • @ the Sheeple and their lead Sheep (who knows who they are)

    People who come to Barbados Underground the first time are impressed by Piece the Legend.

    Why is that the sheeple will ask?

    Is it because of all the rampant love for the ole man? Noooooo!

    Is it because of de ole man’s perspicacity and ability to see through the shy$e? Nooooo!

    Is it because of de ole man’s prediction capabilities? Nooooo!

    (By now nuff uh dem ves as shy$e bout dem statements of calculated arrogance heheheheh)

    Why den den does read de ole man and get de Honourable Blogmaster so vex cause uh me popularity?

    Perseverance!

    While other people does ho looking for de most popular article to post dem shy$e DE OLE MAN DOES DIAN GIVE 2 fvucks bout dat hogging up de blog OFF FVUCKING TOPIC EVERY RASS**LE DAY STYLING dat you does adopt!

    I does keep my focus AND MAKE SURE AND POST SOMEHING DIFFERENT EVERY SINGLE TIME!

    That takes intellect which your Rasshole does not have.

    Now, since there is no name associated with this post WHDN YOU COME HERE AND RESPOND PEOPLE WILL KNOW THAT YOU ARE THE CUNT I AM TALKING BOUT!

    So ignore this ok?

    Liked by 1 person

  • @ the Honourable Blogmaster your assistance please with an item here for the leader of the Sheeple.

    Dem know who dem us

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  • @ the LUMINARY Jeff Cumberbatch

    I posted this elsewhere on the blog as part of a total article but thought that EVEN THOUGH YOU WILL NEVER COMMENT HERE AGAIN, you should know why.

    Tron was responsible for my comment when he, in part, said, and I quote

    “……Then we should close the Senate as a retreat for the opposition…”

    In this single statement Tron jovially presented a truth of great profoundness that is lost on the majority of the people here.

    For @ TODAY, the Opposition, IN THE SENATE, is SENATOR CASWELL FRANKLYN!

    AND, PRIOR TO @TODAY, the Opposition ON THE LEGAL FRONT, WAS YOU!

    And like how Tron specifically focused on him Mr. Justice Cumberbatch, MUGABE SPECIFICALLY FOCUSED ON YOU.

    And with thus promotion to the Halls of Justice, Mugabe HAS SILENCED you, JUSTICE JEFF CUMBERBATCH forever.

    As she has done with other visible, outspoken, voices among the people like your fellow justices Cecil McCarthy and Christopher Birch.

    Mugabe has taken THE BEST VOICES OF THE VERBAL DISSENTERS and promoted all of you to OBSCURITY!

    And put you all in one building reminiscent of Guy Fawkes and Parliament when you assemble all your enemies in one building AND KEEP AN EYE AND EAR ON ALL OF YOU.

    While all of we sheeple COME TO BU and congratulate you, A Paladin amongst THE SILENCED VOICES.

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  • To the BDLP, Jeff was/is one of the most dangerous men in Barbados. And the man knew/knows how to walk that thin line.

    I hope that he is able to make a difference and ‘raises the bar’.

    But let’s not praise him too much lest we decrease his number of friends

    I wish you well, my friend.

    Like

  • The dumb, blind and wicked can’t see the progress, the coming upward and for the BETTER changes. But ah guess they will have to SEE.

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  • I too offer my congratulations to Dean Jefferson Comberbatch on his appointment to the Barbados Court of Appeals. This is my first ever posting to this blog, but like so many others, I am a regular visitor to the site and have always found Jeff Cumberbatch’s articles to be interesting and insightful.
    I also recall that a previous Dean at Law Faculty, Professor Andrew Burgess, had received a similar appointment a few years earlier. Of course, The Honorable Andrew Burgess has moved on to the CCJ.

    Liked by 1 person

  • ” And then the justice,
    In fair round belly with good capon lined,
    With eyes severe and beard of formal cut,
    Full of wise saws and modern instances;
    And so he plays his part.”
    William Shakespeare – As you like it

    Sincerest congratulations, Jeff.
    I am confident that you will add tremendous value to the judicial process. Your part is waiting to be played. Play it well, my friend.

    Liked by 1 person

  • “While in multi-ethnic Trinidad &Tobago, it is arguable that section 3 (1)(d) and (e) specifies conduct that ought reasonably to be prohibited, the preceding sub-sub-sections (a)-(c) appear rather to be the very raison d’etre of those political parties and other forces opposed to the policies of the incumbent governing administration, apart from the use of otherwise than lawful means of course.”

    The above excerpt caught my attention because i immediately reflected on countries like Cuba where criticism of the Government or its policies could lead to imprisonment.

    Like

  • Oh You Legend!

    You missed something on Mia’s moves. In fact, everyone welcomed the expansion at the Supreme Court. Especially the idiots from the opposition.

    If I remember correctly, hand-picked judges appointed by the government majority (or better: government, since we have no opposition) serve the government first and foremost. The expansion of the Supreme Court is therefore first and foremost a kind of court packing to compensate for the DLP’s personnel policy in the judiciary. Further reform measures by the government are thus de facto incontestable.

    It speaks volumes that the opposition was intellectually unable to uncover this brilliant move. Our Most Honourable Prime Minister always thinks three steps ahead of the rest of the island.

    Like

  • The brilliant moves should be to stabilize the country to the point that there is NO POVERTY LEFT on the island, and stronger infrastructure…more importantly..WEALTH IN THE HANDS OF THE BLACK MAJORITY WHO PAY HER and all their SALARIES …and not kept in the hands of a minority of PARASITES….that is her job description, NOT creating MORE poverty and the environment for further enabling the creation of political yardfowsl at taxpayer’s expense..

    that is NOWHERE in the Constitution…which they love to trot out only when it serves their evil purpose.

    Like

  • BTW…all that i have described above, could very well be SEDITIOUS ACTS….committed against the people AND COUNTRY…by both governments…the injury to at least 3 generations of the same people who GENERATE the money that FUELS the economy BY THEIR SHEER NUMBERS…and existence ….should be treasonous.

    Like

  • That single comment at 1.28 PM is the most profound carefully constructed submission that you have made here for today.

    If someone were to examine the elements of sedition as spelt out here by the LUMINARY Jeff Cumberbatch AND TO EXAMINE THE CONJOINT ACTIONS OF BOTHE GOVERNMENTS OVER THE LAST 30 YEAR, OR MORE, it would be clearly seen that they both have committed HIGH TREASON AGAINST the people, and sheeple of Barbados AND DESERVE THE GUILLOTINE

    Would that you could make these utterances EVERY SINGLE TIME YOU POST…

    Like

  • i do, you just don’t recognize them. lol

    Like

  • These really need to stop, no one is giving you the information ya fishing for, yall are SELLOUT NEGROS, the very first opportunity ya get ya would believe the shite titles given to yiu by the SAME BLACK PEOPLE…make ya invincible and SELL OUT THE MARIJUANA INDUSTRY TO WICKED, CORRUPT MINORITIES AND THIEVES WHO BRIBE YOU…the same thieves and crooks ya been selling out ya own people to FOR DECADES ..carry ya backsides, yall should have thought of that BEFORE ya started discriminating, disenfranchising and criminalizing Rasta AND ya own Black population.

    All yall in that blighted parliament have ever done for 70 years is show HATRED and DISDAIN for those who carry the same skin tone as you, with ya colonial minded wickedness so who the hell needs any of you…now that ya have destroyed everything WITH CORRUPTION..

    https://m.facebook.com/story.php?story_fbid=1111742062368665&id=100005986451739

    Like

  • I am only mentioning this to educate the POPULI…the majority black population…otherwise i would say nothing…

    the british MISEDUCATEDA…specifically the uppity LEADERS have been PROGRAMMED to SELF-DESTRUCT in the 60-70th year of their programming….and they already have..

    ….so with regards to mariiujana which has ALWAYS BEEN AND WILL ALWAYS BE A SPIRITUAL PLANT….don’t bring ya colonial minded nonsense and think you can slick or trick anyone who can THINK FOR THEMSELVES.

    In the above video….those from the parliament CANNOT even UNDERSTAND…the SPIRITUALITY associated with the PLANT…their spirituality was KNOCKED RIGHT OUT OF THEM FROM PRIMARY SCHOOL…decades and decades ago..

    Like

  • “If I remember correctly, hand-picked judges appointed by the government majority (or better: government, since we have no opposition) serve the government first and foremost. The expansion of the Supreme Court is therefore first and foremost a kind of court packing to compensate for the DLP’s personnel policy in the judiciary. Further reform measures by the government are thus de facto incontestable”

    This is too simple an analysis. It appears to suggest that the new judges’ decisions will be based solely on who appointed him/her.

    You have taken multidimensional individuals and reduce them to a single data point. Some of these judges are people of integrity, solid character, honest, intelligent and well principled. I am convinced that they will give serious deliberations to all matters that come before them and act as the law dictates.

    The only way that these individuals can be neutralized is assigning “unimportant’ cases to them. And I suspect some will resign before allowing others to make a mockery of them.

    Like

  • @ TheOGazerts September 10, 2019 7:25 PM

    Who said “solely”? Not me.

    Read under “court packing” in the history of the US Judicial Procedures Reform Bill of 1937.

    Like

  • I have to clarify something here, beyond the political implications:

    Lord Simmons and our Honourable Attorney General have made a formidable choice. Of course, the new judges will interpret the statutes excellently. Just better. I also congratulate our Most Honourable Prime Minister on the election of a Barbadian judge to Trixidad.

    I am saying this in a very neutral way, as always. Compared to the clowning of judicial personnel management before 2018, this is a giant step that brings Barbados back into the circle of civilised legal systems.

    Now nobody laughs at us anymore.

    Like

  • That is why judges should be elected..BY THE PEOPLE…who pay their salaries, so they can be FIRED if they refuse to do their jobs.., and not groomed by corrupt ministers to be revolving yardfowls for each successive government at the people’s expense.

    Like

  • @ Tron – The Unknown Soldier
    @ Commander Theophillus Gazerts

    TRON! I place “unknown” before soldier for two reasons.

    The first is obvious because, barring the Honourable Blogmaster, your identity is not known to the ole man (yet)

    And secondly, de ole man recognises a lingering nuance in your submission where your superlatives per Mugabe are often said “tongue in cheek”

    You said AND I QUOTE

    “…You missed something on Mia’s moves. In fact, everyone welcomed the expansion at the Supreme Court.

    Especially the idiots from the opposition.

    If I remember correctly, hand-picked judges appointed by the government majority (or better: government, since we have no opposition) serve the government first and foremost…”

    And my companion in arms Theophillus while responding to you said and I quote

    “…You have taken multidimensional individuals and reduce them to a single data point. Some of these judges are people of integrity, solid character, honest, intelligent and well principled.

    I am convinced that they will give serious deliberations to all matters that come before them and act as the law dictates…”

    Both of you are right actually

    You Tron for your observation that Mugabe has expanded the supreme court system

    And you Theophillus you are correct when you speak to the quality of the deliberations

    But de ole man would ask wunna to consider this simple childhood game

    Snakes & Ladders

    I want you to observe the ladder at square 28 and how it bypasses all the intermediary squares

    And de ole man respectfully suggests to you that, as Commsnder Theophillus Gazerts has pointed out
    when he says

    “…these individuals can be neutralized is assigning “unimportant’ cases to them. And I suspect some will resign before allowing others to make a mockery of them….”

    irrespective of all the expertise in this newly constituted court that, IT WILL MEAN NOTHING, if Mugabe Mottley, being as aware as she is of the competencies of the court HR, continues, AS IS HER PLAN, to sideline these luminaries

    IF MUGABE WERE TO PUBLICIZE THEIR CASE LOAD for everyone to see online, den fat would be useful for transparency BUT DAT ENT GOING HAPPEN!!!

    Like

  • Will Barbados be sending Ms Mockley to Zimbabwe to represent us at the funeral of Mugabe?

    http://www.msn.com/en-xl/africa/zimbabwe/zimbabwes-mugabe-to-be-buried-in-his-village-early-next-week-family/ar-AAHbmUf?li=BBKxOeO&ocid=spartandhp

    “Chinese President Xi Jinping, former Cuban leader Raul Castro and a dozen African presidents, including South Africa’s Cyril Ramaphosa, are among those expected to attend Mugabe’s state funeral on Saturday in Harare.”

    Like

  • Unrelated…. But is this a miracle drug???
    https://barbadostoday.bb/2019/09/12/cannabis-cure/
    Have a great day!

    Like

  • TheOGazerts September 12, 2019 6:40 AM

    “And that relates to a culture in Barbados that lends itself to inefficiencies, sloth and procrastination.”
    “endemic laissez-faire attitude”

    Dear Theo,

    Thank you for referring to the article. It confirms our experience with the non-existent Barbadian work ethic.

    I would like to ask everyone here: Some on the island say many hands made work easier. Shouldn’t our Barbadian public service be the fastest in the world, because we have the most civil servants in relation to the total population?

    You all know the answer. We have the most expensive, slowest and worst public service on the planet (except for Jamaica or North Korea).

    Like

  • @ John

    You asked the question and de ole man quotes

    “…Will Barbados be sending Mugabe Mottley to Zimbabwe to represent us at the funeral of Mugabe?…”

    It is only a reasonable expectation that one Mugabe 54 years old goes to see the other 95 year Mugabe interred.

    Here is the now dead Mugabe doing his theatrics

    And, not to be outdone in this act of grandstanding, here is the live Mugabe replicating the same thing

    We have much more to catch up with regarding the Dictator Model Mugabe over the coming 3 years

    Like

  • If some of you do not have anything of value why not go and workout or read a book, do something productive.

    Like

  • Don’t be fooled by this DECEIT..

    “A nurse is appealing to Barbadians to support the proposed Medicinal Cannabis Bill 2019 as research has shown the drug is proven to cure several ailments.

    Michelle Marshall, who is also a social activist, said while she did not use the illegal drug, its healing powers could not be ignored.

    Marshall attended yesterday’s hearing of the bill by the Joint Select Committee of Parliament at the Lloyd Erskine Sandiford Centre.

    The social activist told Barbados TODAY it made no sense to have persons suffering when there was a cure available to treat their illness.”

    What she is not recognizing is…IT IS THE GOVERNMENT AND THEIR WICKED COLONIAL MINDED WAYS HAVE THESE PEOPLE SUFFERING.

    That vicious bill that EXCLUDES the very people, the Rasta Community with the KNOWLEDGE to make the marijuana industry a SUCCESS….CANNOT be supported in its present form…when there are NO LEGAL PROTECTIONS IN PLACE…for this group, which was a malicious, deliberate act by the government and by design.

    That vicious bill people that EXCLUDES the MAJORITY BLACK POPULATION FROM WEALTH creation re medical marijuana ….CANNOT be supported in its PRESENT form..

    Both governments HAVE KNOWN fir 28 YEARS about the legislation on the books re medical marijuana…they have also KNOWN of the human suffering on the island ALL THAT TIME…..NOT one of them volunteered to appraise THE PEOPLE who pay their salaries…until they saw a way to SELL OUT the Black population while LEGISLATING to lock up black people only, including the Rasta Community.

    What negro governments need to come to an understanding about is that when they are ELECTED BY THE PEOPLE….they DO NOT immediately become the OWNERS OF BLACK CAPTIVES…whom they believe they can FORCE to CONFORM to their colonial minded nastiness.

    Like

  • “However, there is something that neither the Attorney General nor the Chief Justice addressed during their recent public comments. And that relates to a culture in Barbados that lends itself to inefficiencies, sloth and procrastination. ”

    And that one Peter Harris from CGI has no goddamn shame, his lawyers Leslie Haynes et al are FAMOUS for clogging up and backlogging the judiciary MALICIOUSLY with NUMEROUS personal injury cases to AVOID paying injured people, making them SUFFER in the process. Even with judges FOR YEARS,…warning them to stop it, it makes no difference to them, they find every evil opportunity to continue to create backlogs and confusion in the judiciary.,

    Those are the very FIRST civil CASES the CJ if he is not blowing his usual hot air and has finally gotten serious that should be looked at..CGI INSURANCE PERSONAL INJURY CASES…let’s see if the government interferes to keep the wickedness going, ah will be more than happy to expose that one for the WORLD TO SEE…and yall done know…am not shy.

    Like

  • @ the Honourable Blogmaster

    You said and I quote

    “…David September 12, 2019 7:36 AM

    If some of you do not have anything of value why not go and workout or read a book, do something productive…”

    Heheheheh

    When is the last time you read a book, yourself?

    Heheheheh

    Or did a workout? Or anything “productive”? Heheheheh

    Do not worry bout de ole man Sir YOU GINE SEE REAL SOON HOW MUCH READING AND HOW RH PRODUCTIVE DE OLE MAN IS!

    Heheheheh

    Dat is because wunna cant chew and ride a bicycle dd same time BUT DE OLE MAN does multitask

    Heheheheh

    I starting to get de impression dat you doan like de ole man doah.

    Why is dat?

    Dat mekking me feel bad…heheheheh and will affect my sleep patterns muchly

    Heheheheh

    Like

  • @ David who wrote “If some of you do not have anything of value why not go and workout or read a book, do something productive”

    Go to pages 14 & 15 of Barbados Today online.

    @ Piece the Legend,

    Warning. What you see could cause heart palpitations and diabetes from an overdose of sweetness. lol

    Like

  • As an aside and at the risk of being accused of the lesser charge of ” mischief, pages 3 & 4 are also worth reading.

    ” Sandals officials still waiting on government”

    ” BWA has turned to Ionics Freshwater Limited ”

    Agriculture minister says ” Baseless “.

    Like

  • Deceitfulness will always get them all exposed….until they are all gone.

    Like

  • SirSimpleSimonPresidentForLife

    @TronSeptember 12, 2019 7:25 AM “Some on the island say many hands made work easier.”

    Isn’t that the saying of your favourite lady in the whole world?

    Why don’t you go and ask her directly yourself?

    Like

  • @ SirSimpleSimonPresidentForLife September 12, 2019 4:18 PM

    You have to read what I write: Tron, always impartial and unbiased.

    Patriotic, constructive advice is something else than the destructive lies of the opposition.

    Like

  • @ Brother Hants

    De ole man was searching for links to dem pages dat you mention but I ent find dem.

    When you got sweet tings like dat please share dem wid a feller nuh?

    You gine be selfish with these Blue Boxcart links all de time?

    Heheheh

    Like

  • For those of you who read or seek to expand your limited parochial views, at this moment a live debate is being conducted (and is viewable kn thd BBC) about the power of the PM Boris Johnson to porogue Parliament.

    It is of interest to de ole man for 3 reasons.

    1.obviously to watch how civilized white people does conduct challenges to their Constitution WITHOUT FEAR

    2.to listen to their speech and observe their scholarly opinions and the methodology they utilize in ventilating this matter globally

    And finally this 3rd point and and similarity to this matter of seeming promotion of the Luminary Jeff Cumberbatch

    The article and session can be found at

    But it says and I quote

    “…Boris Johnson sought to suspend Parliament to avoid the risk of MPs “frustrating or damaging” his Brexit plans, the Supreme Court has heard.

    Lawyers for campaigners challenging the suspension said there was “strong evidence” the PM saw MPs “as an obstacle” and wanted to “silence” them…”

    The similarity being that

    “…the president for life Mugabe saw dissenting voices SUCH AS THE LUMINARY JEFF CUMBERBATCH “AS AN OBSTACLE” with his weekly column and virtual appearances on Barbados Underground AND THEREFORE EFFECTIVELY PURSUED “SILENCING HIM”.

    It is a sad day in Barbados when the voices of freedom are silenced in this way, WITHOUT ANY FURORE and in the silence of the night!!!

    Like

  • They will say that they recognized his immense wisdom and decided to use it for the benefit of Barbadians. The problem with that is that his services were probably more beneficial to Barbadians and would have probably had the greatest impact in educating the people and stimulating thought.

    I learnt a lot and looked forward to interacting with him.

    Jeff had his choice to make. They did not hold a gun to his head, I assume.

    Liked by 1 person

  • @Donna

    Thanks for responding.

    Jeff is a respected man.

    Jeff has made a significant contribution local and regional.

    Jeff applies for the post of Justice in the Appeal Court, no doubt a stepping stone to a bigger role.

    Instead we have this incessant needling of an earned reputation.

    If this topic continues in this line it will be closed.

    Like

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