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Attorney General Dale Marshall Delivers Police (Amendment) Bill, 2020

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We take note that the Police Act only speaks to a single Deputy Commissioner of Police, and it is, therefore, to be regretted that the required amendment did not take place in advance of this confirmation.

Dale Marshall, Attorney General

To the credit of Senator Caswell Franklyn of the People’s Party for Democracy and Development  an amendment to the Police Act, Cap.167 to provide for two Deputy Commissioners has been circulated to stakeholders. The public is reminded that it was the indefatigable Senator Caswell Franklyn who flagged the issue of the appointment of a second Deputy Commissioner not supported in law.

Will the public ever be told the real story behind this 7-day imbroglio?

Police Act (Amendment) Cap. 167

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149 responses to “Attorney General Dale Marshall Delivers Police (Amendment) Bill, 2020”

  1. Tron Avatar
    Tron

    “only speaks to a single Deputy Commissioner”

    This statement is possible, but not imperative. The act states “a deputy ” and not “one deputy”. “A deputy” can also be a functional placeholder for any number of deputies. “One deputy” not.

    I therefore continue to support the position of our leader, Mia Mottley, that the appointment was totally legitimate und legal. The outspoken senator must therefore apologise to our Prime Minister immediately.

  2. David Avatar
    David

    We have to colour everything with politics. The PM should have kept her mouth closed after the AG issued the statement.

  3. Miller Avatar
    Miller

    @Tron June 6, 2020 2:05 AM

    How about a ‘deputies’ to make the intention(s) of the “Act” abundantly clear?

    Clearly, the intention is to be extremely proactive and prepare for the social and economic challenges ahead, not so?

    After all, it would soon require 2 CoPs to serve and protect the additional 50,000 new ‘Bajans’ earmarked for the Shangri La in the Caribbean oasis of peace and economic bliss.

    Tron, when are you going to stop taking the piss out of your ‘favourite’ whipping boy administration?

    Only few here with a subliminal sense of humour can read between the lines of your ‘fake’ adoration to see through the cloud of risqué satire.

  4. Greene Avatar
    Greene

    @David

    i see you have come around to my view on the matter. Better late than never. lol

    BTW if, as she says, there is implied repeal and or the order was laid / passed in parliament, why amend the primary act?

  5. Hal Austin Avatar
    Hal Austin

    @ Greene

    I admire your stamina. How you tolerate this incompetence day after day is amazing. I thought the attorney general was going to be sacked/reshuffled out?

  6. David Avatar
    David

    @Greene

    It is too early to follow you down a DLP made rabbit hole. There is a bigger story to the matter to be told.

  7. Sargeant Avatar
    Sargeant

    I await Mia’s apology for misleading the nation.

  8. Greene Avatar
    Greene

    @David,

    that is all i had to say about the matter, mate. this topic has been exhausted. more like a shallow pond than a rabbit hole. it is all there to be seen.

    @Hal,

    it is highly improbable that MAM would fire anyone from this cabinet.

    Marshall is the last person she can get rid of, otherwise she loses the backing of our boys. in addition she was dead wrong on the issue and in fact owes Marshall an apology by seemingly countermanding his position by her silly intervention that only served to exacerbate the issue

    in St Philip South certain allegations have been made against the sitting MP by a former BLP MP from the same riding and who campaigned for the sitting MP. MAM, who has a propensity for talking nuff nuff about everything under the sun, hasnt unpicked her teeth in that regard yet, at least publicly.

    one would think that having to cut the Govt wage bill which also includes the salary and benefits enjoyed by the numerous, ministers, gurus, czars, advisers and consultants, MAM would trim the fat but she has been warned seemingly in veiled public comments by Jerome Walcott and Straughn.

    there are a lot of long knives waiting and if MAM knows anything she knows she exists at the pleasure of her MPs. an early attempt to fire the singing MP was rebuffed quickly

  9. Miller Avatar
    Miller

    The only person who has come out of this entire politically-stink fouled-up debacle (a perfect fit for a full run of a “Laff It Off”) and smelling like roses is the real lawyer Caswell who is much deserving of the title the ‘People’s Advocate’ in the fight for democracy where the Law is ‘King’.

    Now where is that political cry baby, the little Koochie Koo?

    Still in his red diapers and wetting his cradle of shame?

  10. David Avatar
    David

    @Greene

    The topic maybe exhausted if you view it through a narrow lense. A bit of advice, try to connect dots.

  11. Greene Avatar
    Greene

    @David,

    the dots have already been connected. we all know that this is symptomatic of this regime.

    with all these lawyer ministers and hangers-on silly mistakes are made at the outset only to be corrected later following some silly intervention by the loquacious MAM and then we move on to the next blunder seemingly oblivious.

    and that those who point them out are called MAM haters, anti BLP, anti Bim, DLP yard fowls or a combination thereof.

    Caswell has to be commended.

    half a dozen of one, 6 of the other.

  12. David Avatar
    David

    @Greene

    Not of the BLP regime, symptomatic of the political class.

    >

  13. Greene Avatar
    Greene

    no, these present blunders are the BLP’s to own as the ones made by the DLP are theirs to own

  14. David Avatar
    David

    @Greene

    It is not about owning blunders by the BLP, it is about a culture of corruption, incompetence and disregard for good governance no matter if DLP or BLP is in office. Have a look at the last 15 Auditor General reports for the avoidance of doubt.

  15. Khaleel Kothdiwala Avatar
    Khaleel Kothdiwala

    This is truly risible. Here we have a thoroughly decomposed corpse of a non-issue which government has addressed (one should note that at every step of the way government’s response has been singular, in sync and has not changed as some would wish to assert) but there is still a continuation of the naked attempts to score political points on a matter where there is absolutely no political embarrassment to mine. The position has always remained the same. And the law is being modified more than rectified. Anyhow I await the usual circus show of comments from the DtM brigade.

  16. Khaleel Kothdiwala Avatar
    Khaleel Kothdiwala

    The Disease called the Barbados Labour Party

    What are the symptoms of that awful virus called the BLP:

    Rescuing Barbados from crisis and putting it on a trajectory of growth and development.

    Where do we see the symptoms of this illness:

    1951-61 (dismantling the plantocracy, founding true democracy in Barbados and commencing many projects for the social and economic aggrandizement of Barbados which curiously the Dems get credit for)

    76-86 (taking the reins of power from a government which had become woefully inept and markedly corrupt, establishing the IB sector, developing infrastructure [opposed by the Dems] and the list goes on)

    94-08 (bringing Barbados back from political and economic collapse and guiding the country through 14 years of economic prosperity)

    2018-present (bringing Barbados back from the dangerous precipice of economic collapse on which we were perched, commencing a visionary programme from the transformation of Barbados, and thus far successfully weathering COVID 19 which nations much larger and better endowed have failed to do).

    Those are the “symptoms” of the debilitating illness called the Barbados Labour Party.

  17. Disgusting Lies and Propaganda TV Avatar
    Disgusting Lies and Propaganda TV

    @Khaleel certain people looking for Ms Mottley to do a “Trump”….To kneel down in front of the image of Christ to say “im sorry”. They want a video of Ms Mottley in a confessional saying “forgive me father, i’ve sinned”. I hope for the sake of those people, that such an apology can blind 280,000 Bajans to the 2019 Auditor General Report. Reading the report would make a weak man faint. I suspect those SAME persons looking for an apology would do like Stray Cur’s Tenantry and say “i don’t have an appetite for reading the report”. Well i hope that IF Ms Mottley apologizes that those responsible for the clear malfeasance and those that BENEFITED from such malfeasance confesses. PLEASE for the love of GOD confess….make the Auditor General and Attorney General’s work easier (when it comes to pressing charges). As Jesus said “those who have sinned cast the first stone”. Not a fella that supported that administration can even DARE look at a pebble.

  18. Khaleel Kothdiwala Avatar
    Khaleel Kothdiwala

    @DLP-TV

    They can’t be on the same continent as a pebble, such is their sorry state.

  19. Miller Avatar
    Miller

    @ Khaleel Kothdiwala June 6, 2020 10:10 AM

    Shouldn’t you be calling- with all your little red-faced baby crying might- for the prosecution of those responsible for the blatant raping of the taxpayers as clearly outlined in the most recent Auditor General’s report?

    Or are you going to call it just another storm in a political teacup to attract the eyes and ears of your “DtM” brigade as you doing with the overstepping of the law where the MAM blunder of baseless intervention is concerned?

    There is absolutely no need now to rely on the evidence hiding in the red valise.

    It’s all out there in black and write and written under the authority of a Constitutionally-established office with similar political independence as that of the DPP.

    Now here is your chance to shine by pupating from a red larva into a golden butterfly in the air of high morals and good governance.

    Why not be the complainant armed with the AG’s reports to initiate the process which should see your dreams of those from the last administration wearing some yellow and blue overalls at the Hyatt-type hotel in St. Philip?

  20. Khaleel Kothdiwala Avatar
    Khaleel Kothdiwala

    Millsy

    Don’t you ever tire of seeking to mask your naked attempts at discussing irrelevant matters not germane to the blogpost (usually also packaged in your daily aneurysm)? You’ll have to find someone else to go down your rabbit hole.

  21. Sargeant Avatar
    Sargeant

    @Miller
    Now where is that political cry baby, the little Koochie Koo?
    +++++++++++
    You sure know how to bait ‘em, soon to rival Cudear Bajan for the most consecutive posts on any subject.

    After the “clear de air” and definitive pronouncement by the PM one would have thought this matter was wrapped up in a nice little bow and put to rest, it just goes to show the naive that one can never trust the word of a politician.

    I will wait for the PM’s apology

  22. Miller Avatar
    Miller

    @ Khaleel Kothdiwala June 6, 2020 11:02 AM

    Are you going to apologize to Caswell, little boy?

    Now here is what is “germane” to the topic and for that matter the very essence of the current administration:

    “ACTIONS FOR NATIONAL TRANSFORMATION
    STAMPING OUT CORRUPTION
    Lawmakers cannot and must not be lawbreakers. Discipline and accountability must start at the top if Barbados is to reclaim its world-class reputation. The BLP WILL PROMOTE GOOD GOVERNANCE BY –
     At the First Sitting of Parliament, laying the Integrity Commission Bill to fight corruption, protect whistleblowers and usher in a new period of transparency in the governance of our national affairs.
     Immediately after the Election, require Ministers to declare their assets.
     Implementing a policy of zero tolerance for corruption.
     Introducing election campaign finance reform.
     Establishing an Anti-Corruption Unit to investigate incidents of corruption and make recommendations for prosecution or other appropriate action. “

    Do you understand why Donville was able to say that ministers taking bribes is par for the course in the system of governance in Bim and why the EU have the country by its self-confessing balls?

  23. Hal Austin Avatar
    Hal Austin

    @Sargeant

    The president was born in to politics; her education was meant only to further her political career. She has been told from the cradle that she is clever and knows a lot. She has achieved her lifetime ambition, being PM of Barbados, now she wants the world. Imagine what she will be like in Cabinet. She cannot help herself.

  24. David Avatar
    David

    @Sargeant

    Have you read the auditor general reports going back a few years? What is a common observation?

    Hope you are not one to get irrational when you see red.

  25. Tony Avatar
    Tony

    @ de echo

    Only those who are faultless have the right to pass judgment upon others (implying that no one is faultless and that, therefore, no one has such a right to pass judgment).

    No apologies Please. Let’s go forward and resolve Immediate pressing matters.

  26. Khaleel Kothdiwala Avatar
    Khaleel Kothdiwala

    @Miller

    Germane – “relevant to a subject under discussion”

    The relationship between this non-issue and that extract from the manifesto is……….?

    You all do make me laugh. Your Senator Franklyn always blasts government for moving expeditiously and then some of you blast government when they move with deliberation. As always you confound me. At any rate Millsy festina lente. Ministers have declared their assets (the first order pf business for them) which the Cabinet Secretary holds. Integrity legislation is being thoughtfully and deliberately moved through the legislative process to ensure it is air-tight. Make up your mind when it comes to what you want to criticise government about – are they too fast or too slow?

    You all do make me laugh particularly with your curious masochistic defense of the indefensible actions of the EU. I ask again what manner of clowns lolol?
    +++++++++++++++++++++++++++++++++++++++++

    Hal Austin is another hilarious character. “She cannot help herself”. Indeed. Government is obsessed with rescuing the economy and society and simply cannot help but do that! And God forbid we have a Prime Minister who is actually “clever”. I wonder if he levelled the same criticism at the late Thompson who mastered the art of “all foam and no beer” as Klobuchar would say, and who has few rivals in that endeavour? Or is a “clever” leader anathema if it is a she or a BLPite?

  27. Miller Avatar
    Miller

    @ Khaleel Kothdiwala June 6, 2020 12:23 PM
    “The relationship between this non-issue and that extract from the manifesto is……….?”
    ++++++++++++++++++++++++++++++++++++

    Because:
    “Lawmakers cannot and must not be lawbreakers. Discipline and accountability must start at the top if Barbados is to reclaim its world-class reputation.”

    Why (a)mend a law if it is not ‘broken’ and still fit for purpose?

    We would suggest you stop abusing that motto of the morally high nobility: “Festina Lente”.

    Like the classical injunction Noblesse Oblige it has no application to your class of liars and political bullshiters.

    The guiding light of Festina Lente (or the lesson taught in Aesop’s tale of the hare and tortoise) should have been applied when compiling the list of invitees to the opening of Parliament.

    Here is a more relevant piece of ‘classic’ advice:

    “A man is known by the company he keeps.” Say the little KK.

  28. David Avatar
    David

    On the isssue of accountability, will the local police bring a case in the Donville Inniss matter?

  29. Pachamama Avatar
    Pachamama

    Miller

    This kooochie koo boy is not worthy of your attentions.

    Seems like the Great Miller, the heavyweight, against a mere political gadfly.

  30. Sargeant Avatar
    Sargeant

    @David
    Have you read the auditor general reports going back a few years?
    ++++++++++++++
    Those are for the committed who are looking for partisan talking points, A few years ago when the Auditor General wrote that debits were recorded as credits and vice versa I knew it wasn’t the place for a novice like me.

  31. Miller Avatar
    Miller

    @ Pachamama June 6, 2020 1:00 PM

    The miller is trying to ‘teach’; not harm him!

    But the kid needs to be stripped of his political innocence.

    That can only be done via the hot rod of experience inserted into his exposed politically ‘red’ orifice.

  32. Enuff Avatar
    Enuff

    Stupse!!

  33. Tron Avatar
    Tron

    @ Miller June 6, 2020 6:55 AM

    We should only follow the rules of logic here. Every administration is a hierarchy, which can be described as a pyramid. Therefore, only one person (CoP) stands at the top. Below, however, there is room for two deputies.

    It is evident that the years of expensive studies of our Most Honourable Prime Minister (M2PM) at the LSE have paid off here. She alone understands the legality of administrative action. As do I, of course.

    I strongly advise to introduce a course on legal logic and methodology at UWI. Or the students possibly stay away from that course. That must change!

  34. Tron Avatar
    Tron

    After our government has gloriously fended off the Wuhan virus and convinced the IMF, the opposition is now trying to exploit an old issue with totally wrong arguments.

    Yet it is the opposition that is sabotaging the consolidation of public finances. Let me just remind you of the outspoken Senator’s fanatical opposition to justified, moderate salary cuts for civil servants.

    Any neutral person like me, who is concerned about Barbados, is immediately struck by the hypocrisy of the opposition.

  35. Miller Avatar
    Miller

    @ Enuff June 6, 2020 2:14 PM

    Aren’t you supposed to be in the chair at a number of high-powered meetings discussing the ‘erection’ of multi-storey buildings to make Hyatt look like a sandcastle?

    Is that your understanding of multi-tasking? Gossiping while lying, rude boi?

    “Stupse”!!!

  36. Disgusting Lies and Propaganda TV Avatar
    Disgusting Lies and Propaganda TV

    Why (a)mend a law if it is not ‘broken’ and still fit for purpose?

    @ Millsy There is something called secondary legislation that is allowed for the purpose of “better working” or “better interpretation” of primary legislation. The Primary legislation is the Police Act & Public Service Act…secondary legislation is allow to modify any Act to make it work “effectively”. If the Commissioner asked for another deputy, secondary legislation can allow for it to happen.

  37. Enuff Avatar
    Enuff

    Miller
    And right on cue.🤣🤣🤣

  38. jgreene Avatar
    jgreene

    this is the second time i have seen you weigh in on a legal matter where you dont know what you are talking about. the first was trying to tell me that the eggshell skull rule is a defence mechanism, it is not, and now this. i didnt reply to the first as silly as it was but i will reply to this.

    secondary legislation often referred as regulations depends on its parent act (primary legislation) for its powers. it often comes in the form of statutory instrument drafted by a ministry to fill in the details to its enabling act. parliament cannot amend it, it only approve or reject it -hence the phrase laid in parliament.

    so if the enabling Act, primary legislation, says a deputy commissioner, the secondary legislation cant change that.

    the act that was referred as the public service act gives the ministry which is headed by the PM power to increase the civil service which includes the police. the SI to pass that regulation (increase the DCOPs) didnt appear to be drafted far less laid in parliament as we have been informed.

    hence the reason for the amendment to the primary act

  39. Miller Avatar
    Miller

    @ Disgusting Lies and Propaganda TV June 6, 2020 2:58 PM

    DLPTV- the other side of the Duopoly BLP Nation-newspaper Lies & Propaganda machine- who is arguing to the contrary?

    It wasn’t Caswell or the miller who insisted there was no need for any secondary legislation. It was patently obvious such was the case as was initially admitted by the ‘wise’ AG.

    The dismissal of the need for such secondary ‘affirmative’ legislation came from the representatives of the existing administration until the poor beleaguered lawyer Alleyne spotted the error of his political partisan ways and succumbed to his oversight involving the great British train robber

    You are entitled appoint as many Sam Couchies with their deputy duppies as you want but it must be done within the 4 square walls of the law(s).

    That is all the guy Franklyn was arguing from day one.

  40. Enuff Avatar
    Enuff

    The AG and PM said the Police Act will be amended. The amendment has been prepared and posted on the parliament website. The Bill is on the Order paper for the next sitting on 9 June. What is the issue? Do we want someone fired? The government to call the election? The government to be voted out?

  41. Greene Avatar
    Greene

    the PM said that when she embarrassed herself by countermanding the AG’s position and asserting the doctrine of implied repeal?

  42. Disgusting Lies and Propaganda TV Avatar
    Disgusting Lies and Propaganda TV

    Sigh…..for clarity

    “Why (a)mend a law if it is not ‘broken’ and still fit for purpose?”

    The COMMISSIONER asked for a second deputy…….There are mechanisms to allow via “AFFIRMATIVE RESOLUTION” in PARLIAMENT for the second deputy to be created. That is specific to THIS MATTER.

    How a man FACING MURDER by MECHANICAL ASPHYXIA going use as a viable defense…that because the victim had prior heart conditions or prior use of fentanyl he didn’t know the victim would die quicker because he put a knee to his neck. (i.e. the supposed eggshell rule)

  43. Enuff Avatar
    Enuff

    Greene
    Ask Verla where the amendment to appoint Arni Walters as Executive Chairman at BWA. Stuuuuuupse. The government has so far made all the necessary changes to acts for senior posts at CBC, Town Planning, QEH etc, but they somehow wanted to slip through DCOP according to some. The man was lawfully acting for over a year. The amendment will be made, then what?

  44. David Avatar
    David

    @enuff

    A good place to have started if we could rewind- was for the PM to let the AG deal with the matter, this would have improved the optics and disentangled the police force from being politicized. Sensitivity should be exercised by politicians when dealing with some matters.

  45. Critical Analyzer Avatar
    Critical Analyzer

    The problem is these political yard fowls suffering from starvation, withdrawal and chomping at the bit for anything remotely political to peck at. Look for them to be in-front the court just now for having a political talk shop lime to eat souse and drink some rum/beer/whiskey/vodka. Their excuse when caught red-handed will be we to went to collect souse and we was having a conversation while waiting in line for the souse to finish.

    We all know this is a non-issue. The government has the seats to do anything they want including amending the constitution. I feel Mia just throw some scratch grain out there to give wunna yard fowls something to peck at. With all the problems that going on with the COVID they hardly had anything juicy to peck at and the fowls starving bad.

  46. Greene Avatar
    Greene

    @CA

    as David said this is symptomatic of larger issues. we can argue what they are but it is indeed symptomatic. but you are correct. MAM has the legal authority to be a despot

    @DLPTV

    you dont know about what you are talking

  47. Khaleel Kothdiwala Avatar
    Khaleel Kothdiwala

    My response can only be the wise words of Enuff:
    Stupse!

    The Prime Minister said there would be an amendment. The Attorney General said there would be an amendment. The COP wants another Deputy so lewwe fix um and guh long. There is nothing complex about that. But we have geniuses such as Greene extrapolating what this is symptomatic of: A highly successful government amending law to give FULL effect to much-needed and very necessary position. But where Government strives to do right by the country you have the detractors. That’s okay. One knows that you’re doing the right thing when you are decried by persons, wastrels with hearts of enmity. And this government without doubt has quite a few wastrels consistently decrying them so I say they must be doing a fantastic job.

  48. David Avatar
    David

    @Khaleel

    Imagine if you were to get the BLP parliament moving with the same zeal to operationalize integrity legislation. What a wonderful thing this would be.

  49. Miller Avatar
    Miller

    @ Khaleel Kothdiwala June 6, 2020 5:28 PM

    Why don’t you take to the ‘wise’ counsel of the ‘seasoned’ Blogmaster @ David
    June 6, 2020 5:58 PM:
    “Imagine if you were to get the BLP parliament moving with the same zeal to operationalize integrity legislation. What a wonderful thing this would be.”

    After all, it is precisely that piece of promised legislation on which the current administration launched its ‘Covenant of Hope’ election platform.

    Not one of politicising or increasing the size of the top tier of management of the body constitutionally entrusted with the responsibility of enforcement of the laws of the 2×3 Land.

    When politicians in so-called democratic countries- which ought to function by respecting the Rule of Law(s)- seek to politicise the very law-enforcement institution by imposing their partisan then the only road left to travel is one of anarchy or dictatorship.

    Now make your choice for your little ripening banana republic!

  50. Khaleel Kothdiwala Avatar
    Khaleel Kothdiwala

    @David

    I have spoken to integrity legislation numerous times. I, like you, would like to have it on the statute books not today, but 12 years ago. However the reality is that I would also like that piece of legislation to be sound and air tight and sometimes that requires deliberative time. As I said before, festina lente! To stay on the motif of hackneyed phrases David also note: there is no perfection in the life of this world!

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