Senator Caswell Franklyn Speaks – Mock Police Part 2

It is not my intention to engage in a tit-for-tat with the Honourable Prime Minister, Ms Mia Mottley. But I would consider it a dereliction of duty if I did not respond to what I consider to be erroneous assertions made by her while explaining her role in the creation of a second post of Deputy Commissioner in the Royal Barbados Police Force.

Ms Mottley maintains that she was entitled to create that post by virtue of the power she has, as Minister with responsibility for the Public Service, in accordance with section 13.(1) of the Public Service Act. I am of the view that the Minister of the Public Service has the power to create posts in the Public Service but that power is limited by section 6 of the Police Act which allows the Minister to create posts in the Force from Assistant Commissioner down to constable. I will leave that alone for the time being and concentrate on the power to create post generally.

Among other things, section 13.(1) states:

The Minister May by order

(a) establish offices in the Public Service;

(b) determine the number of persons who may be appointed to those offices…

However, that subsection does not give the Minister cart blanche to just create posts by the stroke of the pen without more. The power is circumscribed by section 13.(3) which states:

Subject to subsection (4), an order made under subsection (1) shall be subject to affirmative resolution.”

In order to give a complete picture, subsection (4) states:

Subsection (3) shall not apply to any order that relates to the qualifications required in respect of the offices in the Public Service.

The operative term in subsection (3) is “subject to affirmative resolution” which is defined at section 41.(5) of the Interpretation Act, Chapter 1 of the Laws of Barbados. It states:

The expression “subject to affirmative resolution” when used in relation to any statutory instruments or statutory documents shall mean that such instruments or documents shall not come into operation unless and until affirmed by a resolution of each House.

Even if the Prime Minister had the power to create a second post of Deputy Commissioner of Police, she would be required to lay the order in Parliament. And that order must be approved by both Houses before it is effective.

To my certain knowledge, as of the date of writing this rebuttal (May 18, 2020) the resolution to give effect to an order to create another post of Deputy Commissioner, has never been approved and does not appear on the Order Paper of either the House of Assembly or the Senate. This therefore means that legally there can be no second post of Deputy Commissioner of Police in the Royal Barbados Police Force.

Without wanting to appear arrogant, I believe that this matter is now beyond doubt and I don’t think that the PM should give another tit or tat but an apology would be appropriate.

138 comments

  • @ David May 21, 2020 7:26 AM

    There is clearly still a significant difference of opinion with regard to the legality or not of this appointment.

    Like

  • Of course there is a difference….coming from those who LIED ABOUT THE WHOLE SCANDAL FROM THE BEGINNING…and now cannot escape their lies, all tied up in lies pre and post election..

    Like

  • Dat granson of mine does get real busy at times but he is a good feller and de bank does treat he real good and ting.

    He tell de ole man dat dere is an opening in Barbados dat get offered to he but i was tell he dat to LEF UM OUT!

    Cause if he come back here to Barbados dem might want to do he de same ting dat Man-Chile was intimating de udder day wid dem 3 people in St Phillip.

    But he sent dis for all of de ole man Admirers

    Like

  • Piece the Prophet

    Help de ole man nuh? Oh dear!!! Ole people is people too

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  • It is clear that we must silence the senator.

    On second thought, I think I have the perfect solution: Install the troublesome senator as director of ILO in Geneva. There he will receive a high salary, a staff car and a diplomatic passport. All we have to do is make sure that he is blocked from Geneva for Barbados Underground.

    This solution has two advantages over employment in Barbados:

    First, there’s a whole ocean between the troublesome Senator and Barbados.

    Secondly, this solution does not cost us a cent. If we supply him locally, it will be really expensive. I only have to remind you of Mascoll, Sinckler and all the other special ambassadors and advisers.

    Like

  • Wuhloss…a typical yardfowl gathering to show the BU fowls how they always look no matter the era.

    https://www.facebook.com/groups/269202760462518/permalink/544547379594720/

    Like

  • Wuh i hope the fowls dont get offended, last time i posted about a lawyer accusing Mia of holding on to two pieces of marijuana legislation and refusing to ratify them….that accusation was made in FB for the world to see….however, Fowl Enuff jumped out calling names and worked herself into a hissy fit ranting and raving, why is still a mystery. So ah hope this invitation being extended to ALL CARIBBEAN PEOPLE…..using FB…dont set her of again.

    https://m.facebook.com/story.php?story_fbid=3050805781680829&id=100002543115134

    On another note it is being said that some lowlife set up the doctor(s) in Barbados by using their fowls in Canada, the Canadian border and the US border to make it appear that the doctor(s) in Barbados are trafficking marijuana…because not only dont they want to share the marijuana with Rasta who has the knowledge and whom they have criminalized and opressed for decades using the same marijuana, but they alm n dont want the lawyers and doctors not part of their cabal and whom they hate….to have it either…wuhloss…if that’s the case, they are greedy to their core……and should not have the marijuana themselves.

    So to put all that info circulating to rest, if not true, am sure we will be hearing the name of the doctor soon that US authorities said the 4 lbs of marijuana in the cleaning wipes was addressed to…assuming US is investigating this from Canada, through US to Barbados…..,ha..

    Greed, envy and covetousness…let’s see how that one ends.

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  • Waru can you tell us why you always on about marijuana legislation? How will it benefit you or bajans in general?Are you a rasta or have rasta family?Do you not see the many walking zombies in Barbados already? Give it a rest.As for this worn out topic very fee bajans are speaking of this on the ground and the police force in general are behind Mr Williams’ long overdue promotion.Therefore any political traction expected by Mr Franklyn and the Push De Propaganda (PDP) dead in the water.Off topic hesrd Ms McClean calling for answers yesterday on down to brass tacks.This is the same person who used to call mostly Mr Layne wbo she could get over and make statements and refuse to answer questions on the pretext that she had an appointment and had to run? Now she, the trini dem and Straker’s tenantry confusing the program.While on brasstacks any idea why Mr Johnson one of the more boring hosts is doing 2 programmes a week instead of Mr Wickham?zIn my view Mr Ellis is no 1 followed by Mr Wickham and Mr Price followed by the rest in any order.Finally the Mason and guest show has become boring going around the caribbean every week with the same people thr Llpyds, Fazeer,Ambrose, Roberts etc with no local callers allowred to call in with their opinions.These same callers built that progrsmme when it was Mason and Best.Therefore this disregard for local callers is unacceptable and needs to be looked at by Starcom management.Personally i have dtopped listening.

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  • Lorenza…ya too dumb to be answered on that one, the miseducated and uniniformed will not be using up my energy anymore, ah already put everyone on notice…once they are too stupid to learn, ya on ya own…and you fall right into that category..

    … ya just useful for making me some money when i bet on ya dumbness to show itself……and win…i will soon start keeping a score of how much..

    ya fraudulent leaders are right to keep yall ignorant and backward, no one deserves it more.

    Like

  • @ Lorenzo May 22, 2020 7:02 PM
    “Waru can you tell us why you always on about marijuana legislation? How will it benefit you or bajans in general?Are you a rasta or have rasta family?Do you not see the many walking zombies in Barbados already?”
    +++++++++++++++++++++++++++++++++++++++++++++++++++

    Does that large family of “walking zombies” include the many alcoholics many of them holding down big jobs in public sector?

    If the use of marijuana is the cause for this epidemic of “walking zombies” why is your preferred ‘red’ administration decriminalizing it for “medicinal use for ‘doctor
    and pharmacist’ controlled purposes?

    Don’t you think the same outlawed marijuana used in its genetically-modified form of legally-acceptable and commercially-prescribed medication will contribute to a larger slice of the population being ‘hooked’ on (as they are currently hooked) the traditional cabinet full of man-made prescription drugs to ease the daily pain of living in a synthetic world of uppers and downers?

    Can’t you see and count the forex savings which can accrue to the indigenization of the mary jane pharmaceutical cottage industry?

    What do these neophytes know about the ‘healing properties’ of marijuana which has been known for centuries that the Bajan genuine rasta man does not know since the 70’s?

    Sometimes you, Lorenzo, take the art of yard-folwism and political pooch-picking to its reddest pinnacle in human folly.

    Man of Medici, please start thinking with your head and not always with your ‘all red-donkey’ hole always wide open to kicks and invasion.

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  • lol….

    “Sometimes you, Lorenzo, take the art of yard-folwism and political pooch-picking to its reddest pinnacle in human folly.

    Man of Medici, please start thinking with your head and not always with your ‘all red-donkey’ hole always wide open to kicks and invasion..”

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  • Miller the anti Mottley stooge after your long rambling talk above are you for or against the legalizing of marijuana?A simple yes or no will do.I am dead set against it as it will create more walking zombies in Barbados.This is my view not yours and nothing you can say will change that capiche so spare me the long talk.

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  • @ Lorenzo May 23, 2020 12:48 PM

    Short and to the point!

    Since you cannot read between the lines, why don’t you just ask the blogmaster?

    You might just learn that both the miller and your idol ‘draw’ from the same chalice of peace; but not hypocrisy.

    The miller does not ‘smoke’ vegetable matter of any kind or form since he does not wear a chimney on the head unlike you whose hot air must find a vent to escape.

    Now go and wipe your nose before you mistake it for your idol’s rear end!

    Like

  • STRATEGIC PLAN TO DEVELOP DEMOCRACY IN BARBADOS

    The opposition must be careful not to give our leader Mia Mottley a brilliant idea. That we should transform Barbados into a presidential republic.

    I envisage a mixture of the US, Russian and Turkish systems: The people elect the president for life. The president has control of the military. The President has the right of veto over the legislative decisions of Parliament and appoints the Prime Minister and the Cabinet Ministers without the consent of Parliament. The President also appoints the judges and civil servants without the consent of Parliament. All this could help Barbados to become even more democratic, a model democracy, so to speak.

    Of course, we then need a large presidential bureaucracy with many departments to reflect the subjects of the ministries. With this we could drastically reduce unemployment. To compensate for this, I propose the dissolution of the Senate to save money.

    Like

  • By Ezra Alleyne
    Senator Caswell Franklyn’s public statements have almost always been provocative. His most recent guest column in the Midweek Nation on the controversy surrounding the appointment of Deputy Commissioner of Police Oral Williams is par for the course.
    That column has opened a new “information highway” on the controversy, not hitherto travelled in the debate earlier this year. It has “stirred up” an open can of worms, which was resting dormant since 1981. Freeing up these wriggly creatures may have a ripple effect, not initially foreseen.
    Franklyn’s arguments were based on the Civil Establishments Act and the Police Act. No mention was being made in 2020 about any other piece of legislation.
    Not as far as I can find.
    Then, Prime Minister Mia Amor Mottley correctly, I think, remarked that The Public Service Act 2007 impliedly repealed Section 6 the Police Act of 1961.
    Affirmative resolution
    At this point, Franklyn re-enters the debate with his column making the very important point which he revived from 2019, to the effect that “an affirmative resolution” was necessary! An affirmative resolution is mentioned in Section 13 (4) as a requirement. It was on this new point that the senator has raised the “can of worms” issue.
    Questions have to be raised: What is the procedure when affirmative resolutions are required by an Act? The Prime Minister mentioned that she signed the Order and that it was duly laid in both Houses.
    That was in accordance with the law.
    Fine so far, but where was the resolution? Whose job and duty was it to draft the resolution; and if and when it was drafted, how does it get to the House of Assembly

    so as to be moved by the appropriate Minister?
    From my experience as a Member of Parliament and as a Deputy Speaker who presided over some key and controversial meetings of the House, I always reviewed the Order Paper in advance to ensure that I was prepared for any “surprises” I know that drafting does not take place at Parliament. So questions arise!
    At Westminster, civil servants prepare the resolutions and send them to parliament with the orders.
    The questions about the existence and the whereabouts of this resolution to be affirmed will have to be answered because this event may be an example of chronic systemic failure at an administrative level. If so, it has to be cured!
    Flashback to 1981
    Before any of my sceptical critics accuse me of partisan politicking, let me flashback to 1981. In that year, escaped British train robber Ronald Biggs was dumped in Barbadian waters and subsequently brought ashore to be extradited to Britain.
    My friend Alair Shepherd, Sir Frederick “Sleepy” Smith and I, were retained to represent Biggs. In the face of a hopeless case (on the facts), I decided to research the records of the House of Assembly looking for a copy of the Order which designated The United Kingdom as a jurisdiction to which Barbados could extradite prisoners and suspects.
    Submission
    The Extradition Act had been passed in 1980. The Order mandated by the legislation was subject to negative resolution which is a sibling to an affirmative resolution. But, lo and behold, my researches proved that the Order was not laid, far less had it been the subject of a negative resolution.
    The international journalists who were crowded into the Court No. 2 heard Sir William
    Ezra Alleyne is an attorney at law and former Deputy Speaker of the House of Assembly.

    Prime Minister Mia Amor Mottley (FP)

    Senator Caswell Franklyn (FP)
    Source: Nation Newspaper

    Like

  • @David,

    interesting. what do you think Ezra is saying?

    Like

  • @Greene

    Ezra is agreeing that the Senator has raised a valid concern. The following paragraph from his article sums it up.

    At Westminster, civil servants prepare the resolutions and send them to parliament with the orders.
    The questions about the existence and the whereabouts of this resolution to be affirmed will have to be answered because this event may be an example of chronic systemic failure at an administrative level. If so, it has to be cured!

    Like

  • @ Greene

    Nonsense. Civil servants advise, ministers decide. This incident shows that the attorney general is not on top of his brief. Therefore he should resign, or be sacked. It also shows that if the decision was taken to Cabinet, as it should, that a Cabinet of lawyers failed to question the decision.
    And, most of all, it shows that the prime minister, a former attorney general and a QC, herself failed to question the legality of the appointment. That alone confirms what many of us have long thought that she is not good with details.
    Mr Franklyn deserves a public apology from the attorney general and prime minister. It also confirms what I have said on a number of occasions, that he should be a\warded an honorary LLM in law from the UWI. This incident now proves that he deserves a doctorate in laws. Well done to him.
    It also shows that one does not have to be a lawyer to be abreast of legal knowledge.
    By the way, where is @Mariposa?

    Like

  • then I can only wonder what the response from MAM will be? do you think Ezra is amending his piece on the issue from last week?

    we await the Koolaid Kid and Botty Lickers’ response?

    Like

  • (Quote):
    The Extradition Act had been passed in 1980. The Order mandated by the legislation was subject to negative resolution which is a sibling to an affirmative resolution. But, lo and behold, my researches proved that the Order was not laid, far less had it been the subject of a negative resolution. (Unquote).
    ++++++++++++++++++++++++++++++++++++++++++++++++++++++++

    Positive and Negative Resolution are different sides to the same mandatory coin.

    The man- and by extension the administration- is capitulating thanks to Ronnie Biggs.

    It would be interesting to find out if the No.2 DCoP is in possession of the instrument of his appointment.

    All that is required now is for the legislative process be completed and a ‘deserving’ apology offered to C. Franklyn (KC).

    Like

  • My head spinning

    Caswell said something
    AG – I ent got time fuh he
    AG – He got a point
    Mia – He ent got nuh point
    Ezra – Mia got a point
    Yardfowls – Mia brilliant; Ezra dazzling; Caswell don’t know nuthing
    Peanut gallery – I wanna hear Jeff,; this above Jeff head; Ezra good, but I better
    piece: so Caswell you is saying dat
    Caswell: Hold a minute; everbody missed the main point.
    Somebody: Caswell aint a lawyer
    Ezra: Oh shiite, Caswell like he right. Leh we go round the mulberry bush

    Like

  • @Greene

    He seems to have softened his position.

    >

    Like

  • de pedantic Dribbler

    @David,you are being kind or beating the bushes rather than calling a spade a spade. It was clear to any one properly and objectively reviewing the data from Alleyne’s first public remarks, Frankly’s comments and MAM retort that Alleyne’s technical point was ‘inaccurate; Ms Mottley’s was blustering and that the Senator was on solid ground.

    When I posted previously I immediately cast my mind back to that famous case and although I did not recall the judgement on the decision it’s instructive that Mr. Alleyne apparently didn’t either because he could never believe this case of deja vu once again that an order was NOT affirmed at parliament! It was great lawyering then on his part and great skill of legal knowledge now by the senator.

    At this point this is not about the law as written per se but rather about administrative negligence… unfortunately that falls on the civil servants… everyone knows that it’s absurd to suggest that the PM’s signing of an order – which requires parliamentary approval – is lawful just upon the signature of the PM.

    Mr Alleyne has essentially conceded his case on a point of law but as any lawyer does he likely will fight his argument on other fronts.

    OF COURSE no one needs to be a lawyer to understand or debate the law… you simply need legal certification to hang a ‘shingle’ to practice and charge fees (legally)!

    Like

  • de pedantic Dribbler

    A bit of mirth maybe…2020 – 1981 = 39… thus for the learned attorney to suggest that “this event may be an example of chronic systemic failure at an administrative level” is surprising… this is supposedly just two instances of terrible administrative negligence in 40 years.

    Thus he is either using scalding hyperbole or he knows something he is not yet saying!

    We can all hope the former…but with missing LECs now making news in recent years and repeated nonsense across the board we feel that a deep dive review is needed….problem is: that’s a very tedious task !

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  • This recent mess is all at the AG… time for him to be formally elevated to position of The Grand Poohbah of Barbados and let someone else who is actually willing to pay attention to detail take over.

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  • This is getting to the point of being a laughable charade. Ezra addressed this last week and again today making sense on both occasions. My position has remained that if there was ever an issue, it was a cock-up which Alleyne reveals as being systemic for at least the last four decades but more likely much longer. Civil service/public sector reform has spent too long as a convenient talking point and not nearly enough time in praxis. The facts have remained constant and unchanging and any commentary to the contrary is frankly not intersecting with reality.

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  • “My head spinning.”

    oh you got around to that, see now why i would never put my life or those of my family in those goats in the parliament hands, they are only good for prancing around….this only happened within the last two weeks and it feels like a whole year has passed,.

    i settled for reading the little bit of law i could decipher and let the fowls… have the floor, ya see what they did….lol

    if i ever told anybody about that they would swear i was making it all up…

    Like

  • Looka look…a sitting PM on trial for corruption…someone should check and see if there any archaic laws on the statute books allowing a leader/minister to be tried for malfeance while in office, there were no PMs in those day,, but ya know how the black faces in the parliament love to keep the slave laws around to oppress the Black population….something like the one Donville got convicted with in US circa 1929.

    https://www.bbc.com/news/world-middle-east-51868737?fbclid=IwAR1dz7lqZ7qQB7ioIKnv8NEz609HxAzPfTo854pzpPGOreEa2YKBjPTNxnE

    “the trial of Israeli Prime Minister Benjamin Netanyahu on corruption charges has opened in Jerusalem, days after he began a new term in office.

    Mr Netanyahu, 70, is the first standing leader to face trial in the country’s history. He denies accusations of bribery, fraud and breach of trust.”

    Like

  • In the meantime here is Ezra hoping against hope that the Senator is invited to ongoing talks by the social partnership re forced savings.

    Ezra E Alleyne
    I am holding my tongue until the results of the meeting of the Social Partnership is known …Let me just say here and now..There exists in this world things known as concealed openings.The least said the better..At This ……Stage!
    I hope that Senator Caswell Franklyn has been invited this time. Meantime I wait…with bated (?) ears

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  • Ezra Alleyne, even though partially conceding that he was wrong, attempted to obfuscate the issue with nonsense about the Great Train Robber, Ronnie Biggs and by attempting to place blame on civil servants. He is wrong on both counts.

    It is not a civil servant’s fault if the Prime Minister, who has been a member of Parliament continuously since 1994, has not as yet grasp parliamentary procedure. The mistake that she made up to prove me wrong is too basic. It would appear that she is only concerned about power not about observing the niceties involved, in other words, a dictator.

    Now to the Biggs’ case of which Ezra exudes such pride. To this day, he does not realise that he was being used by the British government to ensure that Biggs was not repatriated to Britain, since he would have been an embarrassment to people in high office in Britain.

    I was an immigration officer in the early 1980s and can say without fear of sensible contradiction that there was absolutely no reason for the UK to pretend that it was seeking extradition. Biggs was kidnapped and brought to Barbados by his captors. He was never legally allowed to enter this country. That being the case, any immigration officer could have refused him entry and put him on any craft to any country that was willing to accept him. Britain did not want to accept and staged a charade, with Ezra included, to ensure that Biggs did not go back to England. It amazes me that to this day Ezra is still proud of the fact that he was used or he still has not come to grips with that fact.

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  • By the way, will the Senator get the apology from the Prime Minister he has requested? Hopefully she will not treat him like Freundel did her when she delivered her petition 3,000 strong to Government House.

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  • David

    My last comment has gone astray.

    Do hold your breath waiting for me to attend any meeting about forced savings. First of all that is not an area where unions can negotiate for its members. A wage cut or forced savings are individual decisions for the workers involved. Even when unions negotiate a salary increase, individual officers are left to decide if they would accept an increase in salary.

    Like

  • a kid who drank the MAM koolaid keeps referring to MAM as the youngest QC and a successful AG, as if to say her legal prowess cannot and or should not be challenged.

    i have asked for any of the Botty Lickers including but not limited to the Koolaid Kid to produce her body of work in the legal profession for examination. i haven’t seen it yet. i would now extend that to question of how can she be labeled ” a successful AG”?

    this issue was settled when the present AG issued his mea culpa and said he would amend the Police ACT to reflect the additional DC. but it looked like MAM, as arrogant as she is and under the belief that she is the smartest kid on the block, couldnt stand to see CF getting one over her administration, interjected herself in the matter and we are here now.

    to Ezra, i accept that he is, in this area of law, a person’s whose opinion should be considered even if not agreed with. he was on shaky grounds last week but like a drowning woman catching at a straw it was lapped up by MAM to show she is large and in charge. what a difference a week makes.

    this week, Ezra all but conceded without employing that dastardly word, a difficult utterance for some lawyers – at least for one who remains relevant for his opinion in the print media.

    next week may be another matter.

    more power to Caswell Franklyn

    Like

  • @ Greene

    Partisans of the Democratic Labour Party reside entirely “shaky ground” yet are always able to muster unmerited arrogance. Of all commentators, their contributions to any matter are the most laughable.
    ++++++++++++++++++++

    Is this moribund non-issue now only about getting apologies? Interesting.

    Like

  • @ Khaleel Kothdiwala May 24, 2020 6:57 PM

    Yes, you ought to extend an apology to the Senator, even if begrudgingly because of his association with your political bête noire the ‘sole’ bishop on the ‘all-red’ chess board.

    There is nothing wrong with burying your pubescent arrogance. It would signal a sign of you being on the road to political maturity.

    “What is learned during youth, like an engraving on a stone, will never be forgotten.”

    Like

  • I wasn’t aware that I had been aggrandised to such a position that an apology from me would be important. Of course one should always underestimate one’s own importance. Pray tell what anyone is apologizing for and more to the point why the need for such petty superfluity?

    Like

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