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Senator Caswell Franklyn Speaks – Mock Police

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It was recently announced, by the Government Information Service, that the Protective Service Commission has approved the appointment of Mr. Oral Williams on promotion to the post of Deputy Commissioner of Police in the Royal Barbados Police Force, with effect from May 1, 2020.

I really don’t know if I should congratulate or offer commiserations to Mr. Williams. This has nothing to do with his fitness for the post. I do not know of his work or performance as a senior police officer and cannot speak to his fitness. My concern is that he has been appointed to a non-existent post, since someone is already substantively appointed Deputy Commissioner.

The Police Act, Chapter 167 of the Laws of Barbados, states at section 6:

The Force shall consist of a Commissioner, a Deputy Commissioner and such number of Assistant Commissioners, Superintendents, Inspectors, subordinate police officers and constables respectively as does not exceed the number provided by any order made under section 2 of the Civil Establishments Act: but the members of the Force at 16th October 1961, shall continue to be members of the Force and shall be subject to this Act.

The number of persons appointed to the post of Commissioner and Deputy Commissioner is subject to primary legislation, in this case the Police Act, and can only be changed by an amendment to that Act done in Parliament. On the other hand, the Police Act goes on to give the Minister responsible for Civil Establishments the power, by subsidiary legislation, to determine the number of Assistant Commissioners, Superintendents, Inspectors, subordinate police officers and constables.

For completeness, the Civil Establishments Act was repealed and replaced by the Public Service Act on December 31, 2007. The power to determine the number of posts in the Public Service is now found at section 13.(1) of the Public Service Act.

The power to make appointments to public offices and to remove and to exercise disciplinary control over persons holding or acting in the Public Service is vested in the Governor-General, acting in accordance with the advice of service commissions, in this case the Protective Service Commission. That service commission, like all others in Barbados, can only recommend the appointment of persons to post that are available. There is only one post of Deputy Commissioner available and that is already filled.

Who is responsible for this cock-up? Is this yet another example of this Government not getting anything right the first?

 

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1,036 responses to “Senator Caswell Franklyn Speaks – Mock Police”

  1. Artax Avatar
    Artax

    @ Mr. Greene

    As i mentioned in a previous contribution, you seem to have a problem with COMPREHENSION.

    You ‘asked’ re: “Greene May 15, 2020 9:20 AM #: I am not aware that Verla was part of the Govt at the time, was she?”

    To which I responded with the following

    “Verla Depeiza is a member of the DLP (a political organisation…… ‘the collective).’ She was appointed to the Senate in 2012 and subsequently reappointed after the 2013 general elections. In the Senate, she would have obviously debated and ratified policy on behalf of the DLP. Therefore, one could reasonably conclude “Verla was part of the Govt at the time.”

    You could put anything you want in context or out of context. Whether you agree or disagree, I STAND by my point that Verla and her colleagues were at the helm of the increasing politicization of the RBPF.

    Anyhow, in Bajan vernacular….. wuh part uh “My friend, I ‘SAID’ what I had to ‘SAY” on that issue and I’m DONE with you and that,” YOU CAN’T UNDERSTAND?

  2. Greene Avatar
    Greene

    @Artax,

    and therefore the following query i made must be correct-

    is Mia responsible for Greenland landfill fiasco, for the money spent to build a bathroom that came to half a mil, for Hardwood, for the overruns at Dodds, for the transfers of tax payers money to GEMS etc.

    and now for the mess up with the 2 deputies?

  3. Greene Avatar
    Greene

    @Artax,

    and more to the point MAM was the AG when Dottin’s record of service experience was seemingly falsified so that he could be elevated to COP over Bertie Hinds. that predated the DLP and the so called collective responsibility of Verla

  4. Piece the Prophet Avatar
    Piece the Prophet

    Man-chile Khalel

    You are deflecting again!

    As is your custom. But de ole man (prophet to you) leaves you to continue with this practice and expose yourself to all viewers here.

    You seem to have the misguided concept that this verbal fencing is just lunge and flunge and you have not even paused to learn parry nor passata sotto

    It is obvious from your debating skills you only know how to bulldoze

    However with the champion fences you have met here you show yourself to be of inferior ineffectual skills which rightfully have gained you the name Man-Chile

  5. Khaleel Kothdiwala Avatar
    Khaleel Kothdiwala

    @ Piece

    Are you any closer to discovering what operational matters for a police force are and thus what I was saying earlier?

  6. Piece the Prophet Avatar
    Piece the Prophet

    Heheheheheheheheheheheheh

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

    Something else for Caswell to keep his eyes on.

    “BARBADOS PROTECTION OF WAGES CAP 351
    “… Wages to be paid in legal tender [1975-16.]
    3. (1) Subject to subsection (2), in all contracts of employment, the wages of a worker shall be made payable in legal tender and not otherwise, and if in any such contract the whole or any part of such wages is made payable in any other manner, such contract shall be illegal, null and void.”

  8. Dame Bajans Avatar
    Dame Bajans

    @Khaleel

    Piece operated way above your local police force. I am talking MI5, CIA, etc. He is laughing at you.

  9. Enuff Avatar
    Enuff

    Miller

    “Who was looking after HR and other admin matters before the unjustified need to create a duplication of a function especially when ICT can cut out much of the routine from the HR the function?”

    You does talk some good RH sometimes though. ICT CANNOT provide/replace the human element of human resources management, which is even more critical in an organisation like a high-stressed police force. Issues of health & safety (ergonomics), work-life balance, mental health, training, performance management etc, which are important to morale, retention and job satisfaction cannot be done be ICT. You clearly think HR is only about filling out forms. It is also easily understandable and defensible why an experienced, well-educated police officer may be preferred for such a role. Name any major corporation that does not include HR and Personnel Management as a key function of senior management? I repeat, the Met Police has a Chief of Corporate Services responsible for administration, including HR, with a salary north of £200,000. Canada has SIX Deputy Commissioners. New South Wales Police Force in Australia, another Commonwealth nation, has FIVE Deputy Commissioners. Not Australia, but the state of NSW alone! In New Zealand there are two. Remember you said or inferred more than one Deputy does not exist in the Commonwealth? You need to accept defeat when floored repeatedly and stop getting back up to continue on shaky legs and weak foot work just to stay in the ring.

  10. Khaleel Kothdiwala Avatar
    Khaleel Kothdiwala

    @ Piece, Millsy, WARU and all others who decried the appointment of DCP Williams to his post

    After today’s remarkable revelations about the utter legality of the DCP’s appointment and the reasons for his appointment, I hope that an apology will be forthcoming, to the People of this country and to their legitimately elected government who acted in a most lawful fashion. This matter now draws to a close with the credibility of the PdP taking another serious hit.

  11. Piece the Prophet Avatar
    Piece the Prophet

    @ the Honourable Blogmaster your assistance please with an item here for man -chile

  12. Piece the Prophet Avatar
    Piece the Prophet

    Wunna see the nasty tricks of the Honourable Blogmaster?

    Look down to the section where de Honourable Blogmaster does put “rop Clicks”

    And wunna going Man-Chile website

    Go to that site.

    Note that there is nothing there!!!

    So given that “top clicks” does be to an existing site, how come that de Honourable Blogmaster giving links to things that dont exist?

    Man-child would you care to respond to the ethics involved???

    Heheheheheheheheheheheheh

    Boy why you dont leave de site before big men get charge for beating a chile mercilessly???

  13. Cuhdear Bajan Avatar
    Cuhdear Bajan

    Can anybody tell me how many angels can dance on the head of an ordinary common pin?

  14. Khaleel Kothdiwala Avatar
    Khaleel Kothdiwala

    Darling Piece

    What happen? You don’t seem to be very well at all. The truth dear fella is a painful thing for some. For others it is a vindicating thing. And for yet others it is a hilarious thing. And after listening to the Prime Minister speak today clearly the Government is vindicated, I have rolled about the floor in laughter and poor poor Piece hasn’t a clue what to do but talk about what dear, website clicks 🤣. Piece do I need to dig up your comments in this thread about this matter. When will you apologize? I hope you now see the validity of my very first comment saying that I would need to double check this matter. All I have left to say is well well well. The Prime Minister seems to be guilty today of administering a painful beating to naysayers and troublemakers. Piece Millsy and the whole cabal I await your apology but what would be more amusing is to see how you will try to wriggle out of this one.

  15. Piece the Prophet Avatar
    Piece the Prophet

    Man-chile I dont know what you are talking about!

    I really dont listen to Mugabe Mottley too regular and that is de trufe,

    You do!

    You have to cause she is sitting on your face so you hear her every word

    But as to my apology, I gine apologise when de Honourable Blogmaster start playing fair and stop moderating my comments especially de ones dat he dont like like my response to the Sage Annunaki.

  16. Piece the Prophet Avatar
    Piece the Prophet

    here is the Falsified Website that you claim to know nothing about

    heheheheheh

    https://imgud.com/a/LPNmhUJ

    it would appear like if you are practicing al-Taqiyya:

    deception; the islamic word for concealing or disguising one’s beliefs, convictions, ideas, feelings, opinions, and/or strategies.

    As long as you are speaking to an unbeliever then such deceit is allowable

    heheheheheheheheheheh

  17. Piece the Prophet Avatar
    Piece the Prophet

    https://imgur.com/a/LPNmhUJ

  18. Khaleel Kothdiwala Avatar
    Khaleel Kothdiwala

    But Piecey how dem could do you so doah? Dem ain’t tell you?

    In February, the PM signed a statutory instrument (no.9 of 2020) which was subsequently laid in the House and then the Senate in March creating the position of the second DCP, making it completely lawful.

    More than that, the Public Service Act 2007 impliedly repealed and replaced the Civil Establishments Act that Sen Franklyn relied upon making that contention null and void.

    The problem is not so much in the creation of the second post but in the seeming messiness of the Police Act which refers to the Civil Establishments Act which no longer exists. The Police Act is now subordinated to the Public Service Act which as Sen Franklyn pointed out at s.13(1) allows the Minister to create such posts as is necessary. So there is messiness in the law but that is no fault of the current government.

    The point is that the appointment is fully valid in law. In addition even if the conditions were not as neat as I laid out, there is a general convention in law that legislation which comes after another and conflicts with the older piece, the more recent will be held to stand, unless of course we’re talkimg about the Constitution but in this case we talk about ordinary statutes.

    More than that in 2018 (November to be precise) the COP wrote the PS Home Affairs requesting a second DCP followed by another letter in 2019 laying out 6 or 7 grounds as to why that was necessary. So the point about creating positions for pension taken at a political level is again null and void.

    I suspect the media will carry this fully tomorrow.

    I will give Senator Franklyn the benefit of the doubt amd say that he was unaware that he was misleading the country amd now aware of his error it is only right that he apologise to the country for the sentiments contained in this post and what he subsequently said and to DCP Williams, an impartial, apolitical member of the Force, for imputing ill motive to his appointment.

    Piecey my friend, tonight you are left high and dry. Apologise and we can move on.

  19. Khaleel Kothdiwala Avatar
    Khaleel Kothdiwala

    Piecey you’re pitiful now 🤣🤣. When I created my account on word press I think it automatically created a web page which I haven’t published. I guess when you click on my name it takes you to the site which as anyone can see is not operational. So piecey what do I benefit by people going to a non existent website 🤣🤣🤣🤣. Do you hear yourself sometimes 🤣🤣🤣. Look Piece apologise for your comments under thus thread nuh

  20. Piece the Prophet Avatar
    Piece the Prophet

    Man-Chile

    I shall say this only once (SO TAKE YOU HEAD OUT OF Mugage Amin Mottleys ass and listen!!!

    To your military right which will change for you depending on which direction Mugabe mottley is facing there is a list that goes as follows

    Top Clicks

    facebook.com/groups/18325…
youtu.be/Kji5d3MOrQM
barbadostoday.bb/2020/05/…
bajanthings.com/life-afte…
nationnews.com/IMG/273/92…
gisbarbados.gov.bb/covid-…
bbc.co.uk/news/entertainm…
barbadostoday.bb/2020/05/…
khaleelkothdiwala.wordpre…
facebook.com/groups/70048…

    At the top of that RH list are the words TOP CLICKS.

    It is because the Honourable Blogmaster has enabled this feature to capture information about button clicks and link clicks Man-Chile

    It also got alot to do wid you setting up a non existent RH website much like the government set up a position for a deputy which does not exist.

    What de ole man is saying, (please refer to me by my honorific Prophet cause you and I is not friends heheheheheheheh) is dat it is a falsification of information and so are you

    I see dat you friend de blogmaster refuses to publish my message to the Sage Annunaki particularly because he did not like its message nor the picture

    heheheheheheheh

    https://imgur.com/a/5YTk1Tz

  21. Khaleel Kothdiwala Avatar
    Khaleel Kothdiwala

    Piecey

    You are correct. I set up a non-existent website just like the Government established an illegal position 🤣🤣🤣🤣🤣🤣🤣. That is exactly what happened Piecey. I couldn’t put it better myself 😂😂. You love this click thing and views don’t you? Again why did i set up this non-existent website 🤣🤣. My dear friend you’re falling to pieces 🤣.

    You aren’t goijg to make me go down your rabbit hole. When will you apologise for all of your falsw comments under this thread, re the lawful appointment of DCP Williams?

  22. Piece the Prophet Avatar
    Piece the Prophet

    @ the Honourable Blogmaster your help wid a few things dem on your site

    Thank you

  23. Miller Avatar
    Miller

    @ Enuff May 15, 2020 7:06 PM

    Since you got placed in that ‘red’ valise to be concealed and punished for being exposed as a liar and career-boasting bullS**ter, you seemed to have upped your conning game of twisting things to suit your political yardfowl agenda.

    Do you understand what the phrase “can cut out much of the routine from the HR the function” really means (with emphasis on ‘routine’) within the context of your government’s policy to digitalize much of the functions within the public sector especially in the essential services with BERT breathing down both your financial neck and manpower back?

    Don’t you think that would result in freeing up the existing senior human resources to concentrate on planning at the top and implementation of policy directives at the lower levels especially by the 4 ACPs?

    The public sector does not need further layers of costly bureaucracy at the top but more streamlining.

    You can bet your last 100,000 p/a Mickey mouse dollars that IMF BERT and now the Covid supercharged will take care of that.

    Well, if you want to argue that the Commonwealth nation states you cite- to justify your ‘more than one deputy is essential’ policy- are in the same comparative league as Barbados as far as geographical size, population size and crime rates are concerned, then so be it with your crooked thinking.

    BTW, none of the countries you use inappropriately in your comparative analysis is in the clutches of a debt-restructuring IMF controlled programme now infested and afflicted with the economic long-term disability called Covid.

    A dollar saved is a dollar earned to pay your creditors who will soon be breathing down you neck including the bailiffs called IMF.

    Why not compare your Lilliputian Barbados with others in your own weight division and stop this trying to punch above the weight of your own importance in the grand scheme of things?

    Why not just look around the English-speaking Caribbean aka British West Indies to which you formerly exported you police training services and personnel?
    We would not even mention tiny Bermuda.

    We are not talking just about cricket, old chap!

  24. Khaleel Kothdiwala Avatar
    Khaleel Kothdiwala

    @ Millsy

    The invitation to atone for your lies and falsifications under this blogpost with respect to the lawful appointment of the DCP Williams on the urging of the COP who judged that he needed a second DCP, is extended to you. I await your expression of contrition for speaking to a matter about which you plainly knew little and in process imputed ill motive and illegal behaviour to persons who acted perfectly lawfully.

    To avoid repetition, I extend this invitation to all persons who acted similarly to Piecey, Millsy, WARU et al.

    Remember, Huxley’s wise words “if you have behaved badly, repent, make what amends you can and address yourself to the task of behaving better next time”.

  25. Hants Avatar
    Hants

    ” Prime Minister Mia Amor Mottley signalled her intention to breathe life back into the economy today with the start of demolition of the Liquidation Centre at Bay Street, St Michael.”

    https://www.nationnews.com/nationnews/news/245562/demolition-liquidation-centre-begins

    Question Mark ?

  26. Hants Avatar
    Hants

    Imagine the possibilities.

    Hotels converted to housing. Golf courses to farms.

  27. Khaleel Kothdiwala Avatar
    Khaleel Kothdiwala

    @ Hants

    That comment would be better served under another blogpost but where is the question? The restart and start of capital works projects which government will take an increasingly active interest in will serve to create temporary jobs in the construction industry and its allied industries as well as substantive jobs when the works projects are finished.

    Anyhow returning to the substance of this particular thread, as commentators mustn’t be allowed to get away from the topic at hand

  28. Enuff Avatar
    Enuff

    Miller

    “Since you got placed in that ‘red’ valise to be concealed and punished for being exposed as a liar and career-boasting bullS**ter, you seemed to have upped your conning game of twisting things to suit your political yardfowl agenda.”

    The size of the population does not negate the necessity of the post. Furthermore, we are talking about the HR and Administrative management of the Police Force, therefore if you are going argue about size it would have to be that of the police force not the population. The RBPF has over 1,000 officers. Point me to an company/organisation of that size without a senior manager responsible for HR and Administration. For example the Central Bank of Barbados has a staff complement of 240 and apart from a Governor and two deputies there is a Director of HR. Sagicor Life has around 1,200 employees and employs an Executive Director of HR. The fact that you’re resorting to the $114,000 salary for the post shows that once again you’re on shaky legs struggling to stay in the ring. Let me give you some context, that $114,00 can pay the salary of 3.5 new constables for only their first year. What significant impact could 3.5 new police have on the overall performance of the force?

    Tell me where I lied and have been exposed?🤣🤣

  29. David Avatar
    David

    If you continue to post lies you will force the blogmaster to take action. Here you have a youngster trying to debate the issues and instead of stepping up you continue to engage in puerile and boring behaviour.

  30. David Avatar
    David

    @Khaleel

    Why did the Attorney General of Barbados Dale Marshall apologize for making a mistake with the appointment?

  31. David Avatar
    David

    The Prime Minister addressed this matter at 10:40 of the video.

    https://www.facebook.com/BarbadosLabourParty/videos/747375315798618/

  32. David Avatar
    David

    Franklyn not backing down
    Opposition Senator Caswell Franklyn is sticking to his guns.
    The outspoken senator yesterday argued that his interpretation of the law was sound and Government’s decision to appoint veteran lawman Oral Williams as a Deputy Commissioner of Police is ultra vires.
    Franklyn also said he was ready and willing to challenge Prime Minister Mia Amor Mottley, an attorney-at-law and former Attorney General, even though he was not a member of the Bar.
    His response came after Mottley, when questioned by reporters on the path which led to Williams’ appointment two weeks ago, said Government’s move was lawful and valid since the law being questioned had been repealed and replaced more than a decade ago.
    “The Prime Minister has allowed herself to be misled, or she has misled herself,” Franklyn told the Saturday Sun last night.
    Arguing
    “I’m comfortable arguing the law with her. What she is failing to understand is the Civil Establishment Act when repealed was just the provisions and replaced under a new act. So, she still does not have the power to create a post of Deputy Commissioner because that is reserved for the Police Act.”

    He said the Police Act provides for a Commissioner and a Deputy, but not the creation of a post of Deputy Commissioner.
    “The minister’s powers have not been increased. The minister can make subsidiary legislation, but not to repeal primary legislation. That can only be done by Parliament itself, and the Prime Minister is failing to understand that,” Franklyn asserted.
    He said if Mottley wanted to create an additional post of Deputy Commissioner, then she would be required to repeal section 6 of the Police Act, and have it to say the Police Force shall consist of a Commissioner, take Deputy Commissioner out, and such a number of other officers as provided by an order made under the Public Service Act. Then, she could change anything below the rank of Commissioner of Police.” (BA)

    Senator Caswell Franklyn (FP)

  33. David Avatar
    David

    Mia: Second deputy COP legal
    Prime Minister Mia Amor Mottley (left) said she had full confidence in Attorney General Dale Marshall ( right), as she responded to The appointment of a second Deputy Commissioner of Police was lawful.
    So said,Prime Minister Mia Amor Mottley yesterday as she sought to clear the air on the recently announced appointment of Assistant Commissioner Oral Williams to the post of Deputy Commissioner of Police, which led to much public debate on whether the Police Act allowed for two deputies.
    Opposition Senator Caswell Franklyn was the first to publicly raise the issue following the announcement last Saturday and he suggested that the appointment was ultra vires in the absence of an amendment to thePolice Act.
    A few days later and following heavy criticism from the Democratic Labour Party and members of the public, Attorney General Dale Marshall said the Police Act was not amended prior to the appointment of a second deputy commissioner.
    However ,yesterday, Mottley who returned from sick leave this week, revealed that thePolice Act was implied repealed in 2007 and in February she signed a statutory instrument which legitimately established the additional post of Deputy Commissioner of Police.
    Statutory
    She told the media: “In February of this year, I signed a statutory instrument. . .. It was subsequently laid in the House of Assembly on the 3rd of March and in the Senate on the 11th March.
    “That order legitimately established the second post of Deputy Commissioner of Police in Barbados. The fact is that Mr Williams’ appointment is therefore lawful.”
    In addition, she stated that the Public Service Act, under which she signed that order, “impliedly repealed the provision of the Police Act that calls for a Deputy of Commissioner of Police”.
    In lashing out at those who had criticised the appointment, Mottley said Franklyn, was wrong about his assessment of the situation.
    “If Senator Franklyn really wanted to be accurate, he would’ve told the country that the section of the Civil Establishment Act that he was relying on has been repealed since 13 years ago, when the same Public Service Act was passed. So, to begin with, he is on wrong footing because the section of the law that he referred to no longer existed in this country for over 13 years.”
    Mottley charged that there was a doctrine of implied repeal “and therefore if I pass a piece of legislation that in any way conflicts or in any way is different, the subsequent piece of legislation, so long as it is not unconstitutional, is what prevails. So Mr Williams’ appointment is valid.”
    Mottley said Guyson Mayers, general secretary of the Democratic Labour Party and former chairman of the Police ServiceCommission, was aware of the situation and that the PSC had not only interviewed Williams for the post, but signed off on the appointment, if there was a vacancy.
    “Let me get to the meat of the matter. The Commissioner of Police (COP) on the

    7th of November 2018 wrote the Permanent Secretary in the Ministry of Home Affairs asking for a Deputy Commissioner of Police post to be created. So that is nothing to do with paying anybody off,” she stated.
    She added that the COP wrote again February 26, 2019, for an Assistant Commissioner of Police post to be created.
    “He set out in both letters six or seven grounds as to why he needed an additional Deputy and additional Assistant Commissioner of Police; and what is even more startling in all of this, is that the leader of the Democratic Labour Party ought to have turned to her right or her left or behind her, I am not sure to which way the general secretary stands, but the general secretary of the Democratic Labour Party was the chairman of the Police Service Commission that interviewed in 2013 both Mr Williams and Mr (Erwin) Boyce.
    “They then proceeded to put Mr Boyce to act for five years and in the middle of the general election campaign, Mr Boyce was appointed on the May 1, 2018, by a Police Service Commission, that was chaired by the General Secretary of the Democratic Labour Party. And then we are going to have people tell us who is being appointed for improper reasons?”
    She said the same Police Service Commission put Williams at the top of the list “and said should a need arise between now and the next two years, Mr Williams should be appointed as Deputy Commissioner of Police, without need for further interview.”
    “So that when Miss (Verla) De Peiza asked why it was not advertised I suspect that had she turned to her left or her right or behind her, she might have heard from the general secretary for the Democratic Labour Party that they advertised, interviewed the men then, and for whatever reason known to them, they refused to appoint a Deputy Commissioner.”
    On De Peiza’s calls for Marshall to resign, Mottley said: “A resignation is reserved for people who take clients’ money and don’t return it. A resignation is reserved for people who carry way people’s money. A resignation is reserved for people who act inappropriately.”
    “I understand that this is now the end of May and there will soon be a need to submit forms as to who would run for president of the Democratic Labour Party, but I think we can find other things other than this and people suffering, to mount a platform for election as president.
    “Do not seek to contort matters in circumstances where you should know better,” Mottley warned.
    (MB)

    Source: Nation News

  34. Piece the Prophet Avatar
    Piece the Prophet

    You David King are a deceitful mofo.

    And I will explain why I say this.

    You have used the code on your website to hide the counts on those items that show the state of interest in this matter.

    You have done so from my first post here and every one of my anti Mugabe Mottley posts.

    You have sold out to the Mottley Regime.

    But here is the thing turncoat

    God DOES NOT SLEEP and you will see this in the coming weeks of hardship while you and your lot refurbish hotels for ghost tourists.

    While Mugabe continues to twiddle with the Constitution

    You think dat i am one of your suck pooch lickers who talks and nothing happens.

    Watch and you will learn.

    You keep on doing what you are doing AND I WILL KEEP ON DOING WHAT I DO!

    Senator Caswell Franklyn WILL BEAT YOUR MUGABE, mark my words!

  35. WURA-War-on-U Avatar
    WURA-War-on-U

    Caswell…don’t be deterred, the easiest thing in the world to do is to BACK DATE PAPER….just as easy as changing and forging the names and dates on wills and conveyances and stealing whole estates…

    It is very clear this government cannot be trusted, especially with their slave master wannabe hangerson in the minoritiy community, the descendents of UKs REJECTS…just waiting for any opportunity to get free labor..

    lets see the next lie coming out where she claims to have already changed the laws to make paying people with useless government bonds …legal…because she believes no one will check, this government has to be watched very carefully, they will have no problem selling the majority black population into slavery to fill their own pockets and those of the criminals who have helped them for decades to rob the treasury and pension fund.

  36. WURA-War-on-U Avatar
    WURA-War-on-U

    She has all the minority criminals backing her so she feels powerful and foolish, but they ain’t enuff of any of those THIEVES and never will be…to return her to that parliament…

  37. WURA-War-on-U Avatar
    WURA-War-on-U

    We did not even need a lecturer to tell us this, it is very clear that the evil negro minds in the parliament concocted these new laws to fill the prisons with only black people like themselves, especially with those who cannot fight back….

    “At least one criminologist is not in agreement with Government’s recent decision to make drastic changes to the criminal justice system.

    According to Dr Janeille Matthews, a lecturer at the University of the West Indies in criminal law, forensic criminology and legal research and writing, the proposed changes would make it significantly more difficult for an accused to prove his innocence in a court of law.”

  38. WURA-War-on-U Avatar
    WURA-War-on-U

    Seeing all of this play out should SUCCEED in galvanizing Bajans to not only GROW their own food in their own yards, but also TO FIND UNIQUE AND INNOVATIVE WAYS to generate cash flow for themselves and their families, time to get out from under an oppressive, self-hating,sell out black face government; not to do so will be to your own detriment..and to that of generations of your children and grandchildren..

    necessity is the mother of invention…our foreparents did it and we can do it EVEN BETTER…we have all the tools that they did not…time to use them.

  39. Robert Avatar
    Robert

    Caswell…don’t be deterred, the easiest thing in the world to do is to BACK DATE PAPER….just as easy as changing and forging the names and dates on wills and conveyances and stealing whole estates… {Quote}

    @ WARU-War-on-U

    If you mean like how Hal Austin say you FORGED his name and dates in an email and FABRICATED information, then you should know bout back dating things

  40. Khaleel Kothdiwala Avatar
    Khaleel Kothdiwala

    Why am I not surprised?

    Piecey is still shaken by yesterday’s revelations and could be forgiven for appearing to be quite unhinged in the last few comments. But Piece, how about you shelve the clicks issue for just one second and engage with this matter?

    WARU isn’t even deigning to bother with the matter. He/She has quickly sought to move on to other matters. I must say thought that when you say:
    “Caswell…don’t be deterred, the easiest thing in the world to do is to BACK DATE PAPER….just as easy as changing and forging the names and dates on wills and conveyances and stealing whole estates…”
    are you not being intentionally misleading? The statutory instrument was laid in the House and then the Senate in March 2020. You can ask Senator Franklyn to confirm that. So that this instrument existed and was lawfully laid in Parliament back in March, so you’re attempt to suggest that the instrument suddenly appeared out of Bay Street last week to cover up is not only demonstrably false, but it is also invidious and revealing of the extent of your agenda against the government. WARU, why should the Senator not be deterred from misleading – as I said, unintentionally misleading – the country?

    You all can’t run and hide from this one.

  41. Enuff Avatar
    Enuff

    “The doctrine of implied repeal is a concept in constitutional theory which states that where an Act of Parliament or an Act of Congress (or of some other legislature) conflicts with an earlier one, the later Act takes precedence and the conflicting parts of the earlier Act become legally inoperable.”

    Is this true?

  42. Enuff Avatar
    Enuff

    Robert
    Or how she got in here and stated that she knew how white people behaved because she’s married to one and then denied it. I wonder if she still has an in-law that is Chinese? #mymemorygood

  43. Greene Avatar
    Greene

    @David,

    it seems to me that the AG issue that statement which seems to suggest that Franklyn is right because Franklyn is right, in my opinion. see Franklyn’s rebuttal.

    here are some interesting points-

    why did Marshall as AG with all the advisers attached to that post not say what MAM said in the first place

    why was there a lag between the Marshal response and MAM’s clear the air statement

    when Marshall issue his statement did he not research, did he not consult with MAM?

    was Marshall not present in the House when said SI was passed

    if all is well with the SI as MAM suggested why is there still a need to amend and repeal the Police Act to remove the competing clause

    my opinion-

    the SI is badly written. most times when there is law that override another law in force, the new law explicitly says that it replaces all competing laws still in force to wit: blah blah or words to that effect and then has footnotes so attesting

    it seems to me some persons sat down and came up with this BS response and it seems all planned out as MAM seems to be reading from some script, which she doesnt often do.

    when lawyers rely on legalistic gymnastics as in, “She argued that if a piece of legislation that was passed is in conflict with or is different from the original act, then the subsequent law, so long as it is constitutional, prevails,” it usually means they are scrambling for some form of legality to shore up their position.

    ask yourself, why would a govt with all those advisers and ministers have to rely on such trite law when, if MAM intended, “In February of this year, I signed an Order, a Statutory Instrument… number 9 of 2020. It was subsequently laid in the House of Assembly on March 3 and in the Senate on March 11. That Order legitimately established the second post of Deputy Commissioner of Police in Barbados,” that order should and would have said so explicitly.

    the simply answer is that it was not and on the face of it i tend to agree with Franklyn’s position that, “the Public Service Act under which the Prime Minister made the Order only allows her to create posts for police officers other than a deputy and a commissioner.” again were that not the case there would be absolutely no need to clean up the Police Act.

    MAM had to deliver this BS response because no one could with such a straight face

    the rest of what she is said was fodder for her sycophants

  44. Khaleel Kothdiwala Avatar
    Khaleel Kothdiwala

    @ David

    In response to your question about the AG’s apology, I can also respond to Senator Franklyn’s comments to the NATION which continues to mislead the country unintentionally. His comments seeking to refute the PM’s explanation, at least those which the NATION carried, did not deal in any way with the doctrine of implied repeal with respect to that provision of the Police Act, passed in 1961, amended several times last I believe in 1998, as opposed to the Public Service Act 2007.

    And the Prime Minister David answered your question re the AG. She began her response by saying that the AG did not walk back the appointment. What he meant and she confirmed is that there is clearly messiness in the law that ought to be tidied up. The doctrine of implied repeal makes everything fully lawful but for the avoidance of doubt and to create consistency in the law, there ought to be an amendment to the Police Act to reflect the reality of the last 13 years.

    I note with interest also that Senator Franklyn did not speak to, or giving him the benefit of the doubt, the NATION did not carry any comments he might have made with regard to his original speculation as to the motivation for the appointment of DCP Williams, in light of the facts now revealed.

    I said this was a non-issue, and it turns out that was quite prescient. It is because of the heightened publicity of this issue raising its profile in public discourse that has caused the revelation of the facts to be quite damaging to the credibility of the PdP and the DLP who were trying to milk the issue. If they had left it alone, a lawful appointment would have gone ahead and they would have been spared the blushes of misleading the country, giving them the benefit of the doubt, unintentionally doing so. But this issue isn’t about who’s right and wrong. It’s about being truthful with people. And it is time to be honest with people.

  45. Enuff Avatar
    Enuff

    “One of you threaten Senator Caswell Franklyn with firing and a bread line! Another of you threaten de ole man daughters with raping when they coming home on night! And now you are threatening to kill us if we move to St Phillip!”

    I am now seeing this post by Piece aka TinFoil. This is the same man that claimed the government firebombed his property. He needs help. Caswell works for himself and is a Senator who on BU did/could threaten to fire him?🤣🤣🤣🤣

  46. Khaleel Kothdiwala Avatar
    Khaleel Kothdiwala

    Unfortunately for Mr Greene, his opinion and indeed my opinion have little relevance to this discussion, unless of course he is a legal scholar or lawyer. The legal facts are pelucidly clear.

    When he says that the Order should and would have repealed it explicitly, it is indicative of a serious misunderstanding not only of the legal term implied repeal, but also unfamiliarity with the simple English definition of implied.

    Greene is misleading himself and in the process seeking to mislead others when he suggests the Public Service Act and SI no 9 of 2020 are badly written. They simply do not explicitly repeal those certain provisions, which is so negligible and legally acceptable that it would be an exaggeration to even call it an oversight. Anyone can look up implied repeal in English law and all of its derivatives to discover that it is a simple and common practice. It is time for the misleading to end.

    I would like to draw a line under this whole incident and move on, but the more you all oppose it baselessly the longer you draw out the pain of this humiliation.

  47. Caswell Franklyn Avatar
    Caswell Franklyn

    I told the reporter that I’m comfortable arguing law with Mottley since neither of us went to law school. He shortened my quote.

    I am satisfied that I am absolutely correct, after all, the Attorney General that went to law school agreed with me and promised to change the Police Act when Parliament resumes.

    The PM tried to give the impression that I was not aware that the Civil Establishments Act was repealed. Please go back to my column and you will see that I said:

    “For completeness, the Civil Establishments Act was repealed and replaced by the Public Service Act on December 31, 2007. The power to determine the number of posts in the Public Service is now found at section 13.(1) of the Public Service Act.”

    The Public Service Act did not give any more power to the Minister in this regard. The wording of the relevant section of the Civil Establishments Act was lifted from that act and placed in the Public Service Act without any change. If those identical words did not give the PM power to change the Police Act when they appeared in the Civil Establishments Act, how can that identical provision in the Public Service Act give her the power to amend the Police Act?

  48. Caswell Franklyn Avatar
    Caswell Franklyn

    David

    My last comment has gone astray

  49. Lorenzo Avatar
    Lorenzo

    Wuhloss the three stooges get exposed as liars again following Mr Franklyn down a rsbbit hole. Next time instead of relying on Franklyn’s interpretation ogf laws and parroting him it might be better to do your own research.How you all feel now with egg all over your face? ZThe senator likes the spotlight and being dramatic but is noZLEGAL OR POLITICAL MATCH FOR MS MOTTLEY OR MR MARSHALL.khaleel as you and i stated thid was a storm in a tea cup. Do not ecpect any apology ftom Piece aks franklyn poochlicker, Miller the anti Mottley shite talker or the fraud Wsru who made a geeble attempt earlier about changing dates and who could not even quote the law breached as requedted by you Khaleel..However i done with this topic bevsuse they want to prolong this for hits to suggest it makes Mr Franklyn popular . Like you Khalerl i am yet to see the evidence on the ground of this populzrity of senator Franklyn.

  50. Sargeant Avatar
    Sargeant

    I have not been following this issue closely but in light of the PM’s legal gymnastics my question is if the move to appoint a second Deputy Commissioner was legal why did the AG provide a sham apology to the Bajan public and promise to amend the law to codify the appointment?

    Either the AG is correct or the PM is correct they both can’t be right but what do I know?

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