Raped of MY Constitutional Rights by the Law Court
Submitted by Loose Cannon
The Judiciary – Loving Law: Caribbean Desires, Perversions and possibilities
The Institute for Gender and Development Studies tonight hosted the 25th Dame Nita Lecture: Caribbean Women Catalysts for Change.
The Judiciary and legal practitioners should have been there in full force, but alas, only those from Cave Hill were present, that I recognize.
The topic: Loving Law, Caribbean Desires, Perversions, and Possibilities. Kind of misleading but the jest of it all is “how as Caribbean people we love ‘the Law”. That/those (confounded) anglophone, archaic, practice and some rules; man-made, Church sanctioned (to keep us in our place].
The three tenets (a) Contestors and makers of…(b)Saviour and savers (c) Creatures of the new….
The point is There are three Statutes still on the books that are out of date by time, relevance and legally yet they are on the books and upheld. Called ABC, (like America, Britain and Canada) they are (1) Abortion (bad word among the Church. (2) Buggery and (3 ) Corporal punishment.
If I am not mistaken, the Lecturer is saying that these should,be removed from the books.
But my particular interest is in highlighting how perverse the law is and practitioners lack the political will or desire to change them, continuing (no doubt) to be influenced by the Church or just loving what is now norm and has become common practice..
So, the same law that we (who think we are educated and civilized) continue to ‘love’ continue to screw us (except the boyz on the block or in the hood.
Moving along: The Learned Judge dismissed my case summarily before i appear (without my presence) without oral OR written examination and its not that the case fit into ANY of the reasons for that course of action. Trust me.
The Guidelines of how these learned Officers are to “behave” are contained in the Court Procedure Rules aka CPR. Rule 25.1 The court must further the overriding objective (Justice) by actively managing cases. i.e: https://www.justice.gov.uk/courts/procedure-rules/family/parts/part_01
1.1(2) Dealing with a case justly includes: (c) that the parties are on an equal footing.
1.4 Court’s duty to manage cases – included in the link above. (number and articulation may differ but its the same substance around the whole wide world.
25.2 Actively managing cases include (a) to (m) where(b) deciding promptly which issues need full investigation and trial and accordingly dispensing summarily of the other issues; (e) actively encouraging and assisting parties to settle the whole or part of their case on terms that are fair to each party; what goes here? (h) considering whether the likely benefits of taking a particular step will justify the cost of taking it. What goes here? (m) ensuring that no party gains an unfair advantage by reason of that party’s failure to give full disclosure of all relevant facts prior to the trial or the hearing of any application.
Rule 26.1 Case Management – Court Powers:
(d) stay the whole or part of any proceedings generally or until a specific date or event. Nada(f) dismiss or give judgment on a Claim after a preliminary decision. seems so(without my presence to defend.(m) deal with a matter without the attendance of either of the partners. Seems so.(n) hold a hearing and receive evidence by telephone or use other methods of oral communications.This is the bitch in law. Two and three ‘rights’. I noticed ‘n’ was not used. In fact, I doubt Barbados uses this sophisticated and enlightened method.26.2.1 Except…., the court may exercise its powers on an application or on its own initiative.
No return of acknowledgment of Service, no Defense filed, no application filed and Bang! Just turn up and Bang Bang!
It is for these same reasons that dem white folks that sit pun de benches over and away DO NOT dismiss or strike out summarily without at least 1 appearance and/or oral examination and/or submissions.
So much is so wrong with the case constitutionally and else.
I must be missing a Metroid or Halley’s comet.
I was raped of my constitutional rights at the High Court. But….!
I know why the caged bird sings!
Striking out statement of case
26.3.1 In addition to any other power under these Rules, the court may strike out a statement of case or part of a statement of case where there appears to the court that there has been a failure to comply with a rule or practiced direction or with an order or direction given by the court in the proceedings.26.3.2 An order under sub-section 1 may be made on an application of noticeand may include an order staying or dismissing the claimant’s application or any part of it with costs, where the claimant is in default, or an order entering judgement for the claimant with cost against a defendant who was in default, such a judgment for the claimant to be of the same nature in a judgement in default of the filing of a defence would have been in respect of the same claim.“may”. So if not on an application of notice, then ram shod, roughshod. Gun slinging.I note the CPR states – statement of case or part of.26.3.2 The court may also, in addition to all other powers under these Rules strikeout, at a case management conference or otherwise upon application on notice, a statement of case or part of a statement of case if it appears to the court (a)..abuse of the process of the court. ????? I wasn’t even there on day 1 (b) ..discloses no reasonable ground (c) is prolix aka verbose or incoherent.Was that casse management or what???26.4 General power of the court to rectify matters where there has been a procedural error.
And it goes on and on. suffice to say, Mr Dale Marshall has to do much much better than just appoint more Judges. Further, the entire court process and system needs a work over. Shortage of staff is severely hampering the operation of justice, and chronically impacting claimants’ (and i dare say defendants’) rights to justice and faair trial: like access to files in a timely manner.
And no, I am not an angry Black Woman. I am methodical and resolute.