The law.
A dear elderly friend mentioned to me some difficulties he was experiencing at the hands of his children together with their mother, his ex-wife, I realised it was elder abuse immediately but especially flagrant abuses of his civil liberties.
He wanted to get his attorney to conduct or change some business but was being prevented from so doing. Since I was well known to the household I told him I will inquire for him but would need his permission. I however made an appointment with my attorney and called him saying I’ll pick him up the next day to take him to the attorney. When I arrived the next day his daughter was there with him and asked what the mission was about. I ignored the question. This was 2017.
I visited the Welfare/Probation Department and complained. They said he has to make the complaint himself. I went to the Police but they said the same thing. Called the US Embassy they said the same thing. They further said that they have to respect the laws in the host country and there were none that empowered them to intervene.
Bound and in disbelief I consulted an attorney who said there were no elder abuse laws in Barbados but I could bring the case under Neglect or such but advised that unless they get instructions directly or a written authorization they couldn’t take the case. No attorney would take the case or bring a case unless the elderly give direct instructions.
I continued to monitor the situation. But subsequent visits the daughter was always very in the midst of us so that no personal or private conversation could be conducted. It is unacceptable that there is not one authority in Barbados that can move in and protect the elderly that are being abused either physically or financially or civilly or sexually or psychologically except the elder makes that complaint themselves.
So what was very peculiar in this instance was the hostage effect. The elder was barred from using the telephone he pays for or visiting or being visited by anyone outside those who bought the talk that he is senile or suffers (incurable) from Alzheimer’s. Everyone is warned that he doesn’t know what he is saying so they let sleeping dogs lie.
There is apathy when dealing with the elderly too. Its as though they have passed their “use by date”. While visiting the Probation Department I collected literature on Elder Abuse under the UN Human Rights Convention. I decided that I would bite the bullet and get some action on this elderly’s behalf using this Law.
I filed a case in the High court in March of 2019 with an emergency application seeking among other orders, primarily a Protection Order and Partial-Custodianship. I was given April 19th (Good Friday) then that was postponed to July 25 which was postponed again and then to year end, 2019. After some outside intervention I finally got a Judge and date: February 27 2020.
1. On that first appearance January 27, 2020
The Judge said she studied the file and is aufait with the case contents and orders sought. She asked if anyone helped me with the Application and I said no but I did speak with an attorney. She knew it was flawed. But before sharing this with me and giving me the leave to correct it she continued with it as is. She told me that I will get some of the orders but not all. She adjourned for two weeks to invite the Probation department to guide her, saying that this matter was new to the courts. I was relieved that I could then leave this burden to the professionals.
2 Second Appearance: February 13, 2020
On that date I appeared and there was no Officer from the Probation Department (PD). Instead the judge told me that she had decided to deal with the matter under the Mental Health Act (MHA) because the PD doesn’t have power under their Act to deal with such aspects of this matter but only economic assistance. She did not consider any other act. She instructed me to serve all the Defendants. I resisted because I requested an Ex Parte Application for a Protection Order on this action and that wasn’t given. She said that is for Magistrates’ courts. She said serve the defendants. I tried to explain the dangers in these cases (and trafficking) of alerting the perpetrators/defendants of what is happening while the victim/elderly remained in the dwelling and in a vulnerable state. She said,“that’s a chance we will have to take”. Distressed and overwhelmed I began canvassing the various agencies that are or should be dealing with elderly abuse or care of the elderly or human rights to try to avoid serving and alerting the defendants of the pending actions while the victim remained in the same space. No one could do anything but the Ministry of People Empowerment advised that there were many legislations that could have been used that authorize the ance of a Protection Order. They couldn’t do anything since the matter was already occupying the courts’ attention. At a dead-end and with the deadline for minimum service time nearing I went against my better judgment and decided to go ‘like a lamb for the slaughter. I served the documents. No time was I told that the case before the court was procedurally wrong.
3 Appearance February 25, 2020
The Defendants appeared with an Attorney who said that I had no grounds for bringing a case on behalf of the elderly since I did not seek and obtain the courts’ permission. He moved to strike out my case in place for an application for Custodianship of the elderly by the very Defendants who the elder asked to be protected from the Mental Health Act. claiming I did not have the court’s permission. I asked for immunity for any possible damages for bringing the case and the Judge seemed shocked at the request. The Attorney ventured that I was asking for immunity only because I didn’t want to pay cost. I said I wasn’t bothered about cost. That went over his head. I informed that there was another child from another relationship. The Judge cautioned that the defendants must be transparent and that all relevant parties must be included in the application. The attorney indicated that the Act allows the patient to say who he wants to be involved in his care. To my mind that is under normal circumstances when the elder is in agreement to and part of that decision but not part of the Claim. The Judge then said if by the adjourned date she does not have the MHA application before her “the issue will have to be kept alive” . that is the case on file. The same case with all the ‘not procedurally sound’ issues.
With this conditionality and know it would take some time to get in touch with the other child, and knowing that I did not use the MHA but was guided by the Human Rights Act/Principles for Older Persons resolution 46/91 of December 1991 of which Barbados is a signatory I decided to prepare and file my Submissions.
The 2nd Claimant did not appear because although the Court served Take Notices on all parties, he did not receive his service. The defendants purposely and maliciously withheld all this information from him. The matter was adjourned for March 20. The Attorney indicated to me after the hearing that he has never met the 2nd Claimant.
The case was further postponed to March 26 then along came Coronavirus.
4 Appearance Friday 26, June
The Judge indicated that she did have the application under the Mental Health Act in her hands and therefore she will dismiss the original case. I asked why and indicated that I filed submissions for my case which stated the law under which a party could bring a case on behalf of another and gives immunity. The Attorney interjected that I went ahead and filed submissions although I was advised that the application for the MHA would be soon coming. He further stated that I did not have the court’s permission to act as the elder’s friend. I was shocked. Only then did the judge say to me that my matter is not procedurally sound. He also stated that the Judge should not even have been entertaining me since I was not a legal party. Four sessions. I asked for leave to get permission.
I asked for leave to get permission but the Judge indicated that she had the MHA application in her hands (as if to say the one overrides the other). Not being an Attorney they distracted me. The Judge never reviewed my Submissions, it seems, as she clearly had decided to go with only what she knew and what the defendants’
Attorney proposed: the MHA regardless of my response to the defendants that I did have grounds to bring a case under the Human Rights Act as outlined in the submissions before her (filed before the defendants’ MHA) and which is interpreted to state that I did not need the court’s permission in this instance. The Elder was a part of the Claim.
My application was faulty, yes, covering what could be deemed many cases/issues. The remedy therefore could have been to strike out that part of the case which was in conflict with the Law and retain and ventilate those which were covered by the law as per my submissions.
The Deputy Permanent Secretary of the Ministry of People Empowerment and Elder Affairs did say that there were several legislations that could have been used to issue a Protection Order. This is mind-boggling. I bowed out. I however asked for the elder to be allowed his independent attorney as in the first instance it was a violation of his civil liberties;that he was held hostage in his own home and secondly denied access to his attorney and appropriate medical care and attention.
The big irony is that the Attorney asked for cost which I instructed that the 2nd Claimant will have to pay since it was his case I was joined with. He has to pay the cost for attempting to bring a case against the defendants who used his money to mount the defence against his case. T he very defendants who are again now using his money to bring a MHA application without his knowledge or consent to suggest/ inquire into his capacity to manage his own affairs and for them to do so if he is found to be incompetent.
Stephen Lashley missed it all along…that the elder was also listed as Claimant. LMAO
The Law is an Ass. Or the people that work it.
Nothing in my Statement of Case suggests that I intended to be the party applying for Custodianship of the elder.
MISCARRIAGE OF JUSTICE
@Hal AustinJuly 5, 2020 2:28 PM “Some time ago I made the factually correct statement that of the English-speaking Caribbean islands, Jamaicans were the most creative. I could not think of anything more uncontroversial in my life. But one Bajan-Canadian came out and claimed that I am always looking for ways to disrespect Barbados. To be fair, I do not think he meant what he actually said. But, as usual, he did not explain. But I will rest my case on popular music (blue beat, reggay, reggae, ska, rock steady, Lovers’ Rock, etc), fine arts, literature, dance, etc. In academia they are just as brilliant. In sport it is even more outstanding; if you do, as I do, and include the children of Jamaican parents who represent the US, Canada and the UK, in various sports, Jamaica is the outstanding Caribbean English-speaking nation. By the way, Jamaica has recently got a licence to launch a digital bank in the UK. For an island of three million people, it really punches above its weight. I salute them.”
All well and good. But another truth is that I have never seen elementary aged Bajan children begging for money to buy schools supplies at Adams airport.
I’ve seen at at Manley airport. Girl children too. Shocking and enormously belly-hurting distressing.
Punching above our weight means that we do not let our children beg from strangers.
If there is any begging to be done, we the adults will do it.
ll well and good. But another truth is that I have never seen elementary aged Bajan children begging for money to buy schools supplies at Adams airport.
I’ve seen at at Manley airport. Girl children too. Shocking and enormously belly-hurting distressing.
Punching above our weight means that we do not let our children beg from strangers.
If there is any begging to be done, we the adults will do it.
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@Cuhdear aka @sillyidiot
WHILE I MAY AGREE WITH YOU THAT I HAVE SEEN JAMAICAN CHILDREN OUTSIDE AN INTERNATIONAL BRAND NAME FAST FOOD IN KINGSTON BEGGING OUTSIDE IN KINGSTON DOWNTOWN.
ONLY IN KINGSTON I OBSERVED THIS AS NO WHERE ELSE DID I OBSERVE THIS IN MONTEGO BAY, MANCHESTER AND OTHER AREAS.
HOWEVER AS YOU PEDDLE ONE OF YOUR MANY LIES ON BU MANY CHILDREN BOTH YOUNG BOYS AND GIRLS IN BARBADOS ARE TAKING MONEY FROM BIG MEN AND TOURISTS FOR SEXUAL FAVOURS AND TO HELP SUPPORT THEIR POOR HOUSEHOLDS.
IN FACT I HAVE SEEN IN BRIDGETOWN YOUNG CHILDREN WHO HAVE ASKED ME A STRANGER FOR MONEY TO BUY THEM FOOD.
HOWEVER IT IS NOT AS BLATANTLY OBVIOUS AS I HAVE SEEN IN KINGSTON JAMAICA.
@ Hal IS RIGHT WHEN HE HAS DESCRIBED JAMAICANS AS A WHOLE WHO HAS FAR OUTSTRIPPED BAJANS EXCEPT IN THE AREA OF INTERNATIONAL CRICKET.
@ Donna
Miller was probably trying to be provocative as usual.
I find it extremely difficult to believe anyone in their ‘right mind’ would think Barbadians actually believe ‘God is a Bajan’ or that it’s the general opinion of the population……. and then use it as an example to define the ‘Bajan Condition.’
But, as you may realize, Miller has this uncanny ability to complicate simple issues.
However, I’ve never heard that sentiment being expressed in circumstances other than when Barbados has been ‘miraculously’ spared from being ravished by hurricanes, tropical storms or depressions….. which meteorologists predicted to directly target the island.
We have somehow drifted from the substantive topic of elder abuse…… to opposing or defending the ‘Bajan Condition’ and discussing the exploits of Jamaicans.
@ Cuhdear Bajan July 5, 2020 3:04 PM
“@MillerJuly 5, 2020 11:32 AM “The man was referring to Bajans in general.”
Not true.
Trollope was referring to WHITE ENGLISH descended MEN who lived in Barbados the 19th century.”
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And who determined the norms and attitudes of the Bajan society in those times?
Do you think it was the black politicians, priests and educators or even the ‘banjo’ singers?
Those ‘standards’ of social behaviour were copied and followed in the most ape-like fashion by the black population.
Just take a look at any old photographs of Victorian Barbados and you will see how the blacks sought to look just like their white bosses by wearing discarded ‘holey woollen’ suits and walking barefooted in Bridgetown.
Wasn’t Sir Redvers Don Donald Dyall (aka ‘Hog-food’) the archetypical Mickey mouse black English gentleman of his time?
Didn’t the blacks take over lock, stock and barrel the ‘white-portrayed’ trappings of those institutions once dominated by the white people like the Anglican Church, schools, the Judiciary and Police Force?
Didn’t those social phenomena give rise to that ole Bajan saying: ‘whatever me do, me monkey do too’?
Many of those rituals of that same Victorian period can still be found in those societal shaping bodies in Barbados and which the Mother Country has long rejected and discarded as irrelevant to a modern society.
There is nothing right or wrong with the Bajan society but the people with their conservatively English imitation must be prepared to accept both criticism and change for its own survival and adaptation to the future and not always be the butt of the ‘don’t-bend-down’ and other ‘stuffy’ old jokes in the region.
https://barbadosunderground.files.wordpress.com/2020/07/video-1593973126.mp4
Artax,
As I said, that is the only time I have heard it used as well.
Some of these people seem to get their jollys making out that Bajans are the worst people in the world and Barbados is a hell hole.
And I am wondering how come I wake up and go to bed smiling most days.
Of course, their answer would be that I am too stupid to know that I should be unhappy.
The real answer is that I am realistic enough to know that all countries have problems and all people are imperfect. And I accept that there is a constant battle that must be fought between good and evil.
Let them stay where they are with the wonderful people and fret themselves! It is becoming quite ridiculous. They would make an interesting study.
The Overseas Bajan Condition.
@Donna
If you read the comments these people post on other social media platforms daily you understand it is about fulfilling agendas, at all cost.
Oh shirt! Jamaica is also topping the Caribbean in violence much of it politically instigated. If we are talking about drug lords, politicians and corruption Jamaica led the way for Barbados to follow.
With all of their brilliance and greater resources they were still in the doldrums for decades. If they are coming out of it I am happy for them.
This is our time to dig ourselves out of the hole.
The pendulum swings back and
forth.
Once it was Britannia who ruled the waves.
I see again that instinctive disparaging of all things Bajan.
The Overseas Bajan Condition at work.
David,
Barbados bashing on BU is already more that I can take. I don’t do other social media.
I mean, these people are insufferable!
@Donna
If you read the comments these people post on other social media platforms daily you understand it is about fulfilling agendas, at all cost.
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THIS IS A VERY DISHONEST COMMENT IF MAKING ANY REFERENCE TO ME.
CAN’T SPEAK FOR OTHERS.
I POST SOLELY ON BU.
SOME OF YOU CAN’T FACE THE TRUTH.