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The William McIntosh Vs Peter Odle (second defendant) – Foreign Investor Unable to Have Case Heard Against Hotelier Peter Odle – raises the question who should be considered fit and proper to carry out duties of state. Peter Odle is a veteran hotelier who was recently appointed to the post of Chairman of the Barbados Port Authority to replace Senator Lisa Cummins. In light of the court matter lodged against him the question taxpayers must ask – is it unreasonable to ask Peter Odle to stand down as Chairman of BPI until the matter is resolved?

The blogmaster is of the view if good governance is to be seen to be practised by the government and other actors in civil society the answer is a resounding YES.

The BU blogmaster has been around long enough to understand how influence is exerted on the system by the prominent and powerful in Barbados. There is the old Bajan saying who the cow likes he licks, who he does not, he kicks. A big part of the reason Barbados and other countries are witnessing significant citizen apathy in the double standards as it pertains to how the directorate is seen to do business in the country. A robust democracy requires its citizenry to be vigilant. It is not nebulous, it required discrete behaviour from citizens.

The first blog referenced above poked at what Barbadians know, the local court system is groaning under its own weight. This is a paraphrase view shared in public by the incumbent Attorney General Dale Marshall. The McIntosh Vs Peter Odle also exposes other actors complicit in a weak governance model being practised in Barbados. Based on the documents related to the contentious matter under review this blogmaster, it is important we discover ways to examined these matters that have traditionally been swept under the carpet.

A few questions for the BU intelligentsia to discuss for 100 marks.

  1. Was Dan Rossen appointed director in Sandy Bay Holdings (2014) Inc without his knowledge? How is this possible under the Companies Act of Barbados?
  2. Did the Attorney General (AG) of Barbados reply to an email from a concerned member of the public on the 10 February 2020 citing Mr. Peter Odle allegedly making claims that the AG was advising him personally on a incident that occurred at The Sands Hotel on Saturday 8th February 2020? The incident is reported to have occurred in the presence of police officers.

The concerns and questions posed suggest our governance model is compromised. It means not only our court officers and political class are engaged in supine behaviour, it extends to other state actors. It is time the citizenry awake and accept its role of holding elected AND paid officials accountable.

The democracy we practice is described as fragile, a key check and balance must come from the citizenry cognizant of its civic responsibilities. A well worn quote from Abraham Lincoln “that government of the people, by the people, for the people, shall not perish from the earth”  was to recognized soldiers who sacrificed lives to give truth to the statement. In Barbados citizens are not required to fight wars to defend the cause of democracy – is it asking too much for Barbadians to adopt other forms of sacrifice for the greater good?

Food for thought.


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364 responses to “The Peter Principle – The Peter Odle Imbroglio”


  1. Presscott must be careful not to end up like OSA. Our leader shall send him as an ambassador to Ghana or Guyana – both hellholes without return-ticket.

    Presscott, remember OSA!


  2. “Not so for poor Black people who have to beg neighbors and appeal for help on Brasstacks when they get rip off by the same lawyers / legal system.
    Do you all have any idea how many poor Black people died both broke and broken hearted by this system and the lawyers who ripped them off still flying high ; some have even been members of our parliament”

    as you are aware, the lawyers in the parliament and the ones in the former government all have their names called in robbing the people, sending the elderly to their graves penniless and landless, forcing their beneficiaries into generational poverty, it’s ya blackface leaders and the lawyers who have led the charge in robbing their own people for over 60 years as soon as they get their rotating turns at the parliament, treasury, pension fund and access to the information of the most vulnerable…. it’s your leaders and 99% of those no good lawyers, so what do you suggest is done to end it….i am open to suggestions….but things cannot remain the same….some people have had it way past up to here with the evil things your leaders the lawyers and the minorities do to the people on the island.

    i am yet to hear you say what should be done to shut their criminal shops down….the whole thing will have to be destroyed, the island will still sit there, except for a natural disaster it will go nowhere, but the current useless system has to end, the corruption, thefts from the people and oppression has to end or we will just keep going around in circles, talking endlessly yet things will remain the same..if no action is taken..

  3. NorthernObserver Avatar

    @ac
    Instead of writing shit, do a little research. Walter Prescod of the Ecstasy drug case has been out on bail for a long time.
    The question is why this case still hasn’t been heard. The slow judicial process is the topic of this thread.

    https://barbadostoday.bb/2020/02/05/rogers-and-prescod-to-stand-trial/


  4. @ WURA
    I have been advocating radical change to our systems of law and government. Like you and countless others I realise that the two parties that have dominated the political life of the country are extremely difficult to dislodge. Even the party with which I was associated (NDP)came from within these two parties.
    There have been dozens of black nationalist who were preaching the same things you’re doing long before there was BU or social media.
    As for me I will continue to do my bit and hope there are some others who will continue to try and change the system.
    The judicial system is all wrapped in politics, race, disenfranchisement of the majority race, lack of progressive landform and all the other issues.
    And reality has taught me that it is easier to brand people as racist and disenchanted failures than to join them in changing the system.
    The system will eventually consume itself when there is nothing more to feed on. There is a famine of radical black progressive leadership.
    Some give up and join them or just look the other way. I will never give up and I hope you don’t.
    The struggle continues.
    Peace.


  5. “The judicial system is all wrapped in politics, race, disenfranchisement of the majority race, lack of progressive landform and all the other issues.

    The system will eventually consume itself when there is nothing more to feed on. There is a famine of radical black progressive leadership.”

    when I see something destructive that has the potential to destroy my future generations as I came I found it doing to thousands of others I DESTROY IT…i am not sentimental in any way and whoever gets in my way, that’s their problem, you threaten my bloodlines and ALL BETS ARE OFF…..they can go fcuk themselves and try coming after me and see the other side of me…am not your average bajan/caribbean person…i will come for your ass, i don’t care how much colonial slave ya think ya are…

    hope that answers your concern.


  6. A casual reading of the Press reveals that at some level the judicial process is working efficiently for persons charged with relatively minor crimes e.g. purse snatching; break and entering; wounding; trespassing; petty theft; drug possession (marijuana) etc. Those accused of violating the law applicable to those offences face swift justice and are likely to be jailed or fined. Those facing more serious charges e.g. murder; manslaughter; rape etc. are likely to be remanded to await their trial. This where it gets interesting (again from perusing the newspaper) some of these people don’t appear before a judge for 2/3 ears to face trial; where does the fault lie, is it the Crown, is the delay because the Police are not ready with their evidence, is there enough manpower in the Crown Office to proceed with cases on an ongoing basis or are those responsible for bringing these cases to Court operating in a “hurry up and wait” system?

    The principal reason for the delay in civil cases is simply put some Judges do know how to author a judicial opinion supported by law. In criminal cases arriving at verdicts is relatively easy, either there is a jury to render the verdict or in simple cases the preponderance of evidence makes it easy for the judge to deliver a verdict from the bench. However civil cases are quite different, judges don’t deliver verdicts from the bench at the conclusion of trials, they have to do research for similar cases; review the arguments ( in some cases judges will ask for the Court reporters transcripts to ensure they have captured all the arguments) at that time they will have arrived at their verdict but they have to put it writing citing case law, precedent etc. and this must be put in a coherent form so that it could withstand appeals (and you wonder why so many judgements by Barbadian Courts are overturned at the CCJ).

    Facing all this some judges take the easy way out and sit on judgements for years, sometimes the lawyers and/or litigants die; sometimes the judges die or move up the judicial ladder either way its a lose, lose for those wanting some decision and for society as a whole.

  7. Vincent Codrington Avatar
    Vincent Codrington

    @ Sergeant at 9:46 PM

    I am happy that some one appreciates the need for intellectual capacity to arrive at a proper judicial decision.It involves a very rigorous process which is subject to peer review if an appeal is lodged. There is also plenty research of case precedents , relevant laws, expert scientific research etc. Some bloggers have a tendency to underrate the amount of work involved in arriving at decisions. But then most of bloggers come to have a conversation.


  8. SargeantSeptember 7, 2020 9:46 PM

    THAT. Probably one of the best comments on the subject ever made on this blog. Not that some other factors are irrelevant, because they are (lawyer delays, evidence etc). But your point is a major one.


  9. So don’t these judges encounter these methods during their studies at law school? Don’t they spend most of their time researching and reading up on cases, arguments and judgments? I did one measley law course and most of my time was spent doing just that. The British judges were usually witty and therefore interesting. I used to forget the time when reading them in the law library.

    I don’t understand why they wouldn’t be competent. I do understand how they could be lazy but not incompetant.


  10. DonnaSeptember 7, 2020 2:12 PM

    Quite right.


  11. The principal reason for the delay in civil cases is simply put some Judges do know how to author a judicial opinion supported by law….(Quote)

    Incompetence???


  12. Besides which from what I can tell many of these cases are straightforward cases. Only certain categories of cases are complex.

    The workplace personal injury case I sat in on had expert witness testimony etc. After hearing all the evidence and the relevant laws (and in this case the Law was definitely not an ass but quite logicaI and fair) I promptly predicted the outcome. There were three defendants. Two were adjudged liable and the other, the employer, was not. This was precisely what I had concluded. The size of the judgment is also easily determined, I have since discovered, by a formula.

    I remember thinking I could have argued the case myself too.

    All quite simple, it was. I really wasn’t impressed.

    The judgment was almost immediate. Garvey Husbands was the judge.

    May be we have a change in work ethic or some such thing.


  13. It is quite possible that we have seen some lawyers who have not distinguished themselves in private practice becoming judges. In other words , are we getting the best legal minds on the bench.
    On a side note , we observe now that almost everybody has a PhD. We have more judges and PhDs per square mile than most places. And still we cannot even work out very simple matters such as the best bus routes.
    When the appointment of judges become an extension of political/ party affiliation rather than a proven track record , there would be a deterioration in the judiciary that we are ashamed to admit.
    The appointment of the next Chief Justice should be very interesting. I understand the post has been advertised. Let’s see what happens. Yeah right!


  14. It is generally known the majority of the so called brightest and most successful lawyers make more money in private practice. Why do you think Thorne is happy on the backbench?


  15. @ William

    I think some people do not understand the difference between advocacy and legal theory. Robes and wigs are for advocates. Research is for the thinkers.
    As to PhDs, they have been devalued. I know someone, a Bajan, who was an external examiner to t UWI PhD candidate. When he got his draft of the thesis, he sent it back with proposals for further work.
    The university removed him as external examiner. So we now have someone walking around with a PhD who should rightly not have been awarded the degree.
    @William, we have a number of public figures in the UK with PhDs, including members of parliament, police officers and journalists, that you won’t know unless you did your home work. Most British newspapers do not refer to people as doctors unless they are medical doctors.


  16. “I am happy that some one appreciates the need for intellectual capacity to arrive at a proper judicial decision.It involves a very rigorous process which is subject to peer review if an appeal is lodged.”

    as usual ya talking shite, a judge with training in READING and INTERPRETING LAW….should need no more than 6 months to get all that organized, the only time-consuming analysis lays in reviewing the transcript, the law library is in the same 2 story building and citing case law takes HOURS not months, the plaintiff’s attorney always has a handy precedent as an example embedded in the CLAIM …..as a guide….

    Barbados makes it seem as though these elementary things are rocket science, no they are not, any trained person can do it, the judges are just full of shit…aomtimes if you don’t understand certain procedures it’s best to say nothing and stop looking for excuses for incompetence and corruption….sick of yall weak ass, raggedy, uninformed excuses..


  17. Marston Gibson just had to publicly APOLOGIZE in the media for him Sandra Mason and Burgess from CCJ taking 4 YEARS and had to be FORCED to hand down a decision in a case riddled with political interference, thefts and corruption…..in some cases the judges REFUSE to hand down any decision at all and everyone dies off, but here yall are on BU still talking UTTER SHIT..


  18. BTW…i can cite you a case law within 2 hours and interpret documents that would blow other people’s minds, so when ya coming with excuses, know what ya talking about first..


  19. @Vincent

    The issue today is that the backlog, the result of years not efficiently managing the case load, is now biting us in the rear end. The judge has to hear a case, try to write the decision and at the same time rid themselves of a backlog. Another justice explained recently, often times they have no research assistants to help with the job. This is where the executive arm must step up. We have to be constructive in our critique. Theoretical positions will get us no where.


  20. “Besides which from what I can tell many of these cases are straightforward cases. Only certain categories of cases are complex”

    Donna…there are SIMPLE civil cases still winding through that horribly useless court system that should taken no more than 2 YEARS to resolve….with the judges acting as though it’s brain surgery they are performing 8, 10, 15, 20 years later….and then fools act as though this is all normal…..i keep telling them that what has been REDUCED to normal for them in Barbados, is not normal anywhere else..

  21. Michael Campbell Avatar

    I know someone, a Bajan, who was an external examiner to t UWI PhD candidate. When he got his draft of the thesis, he sent it back with proposals for further work.
    The university removed him as external examiner.

    Hal Austin

    Why would UWI remove the Bajan as an external examiner based on him asking ONE PhD candidate to do more work on his thesis?

    Why would UWI tarnish its reputation or what would it achieve by doing that?

    From my experience your story sounds far fetch. It’s either that so called external examiner told a lie you’re gullible enough to believe, or you are being untruthful.

    You are known to stretch the truth, especially when it comes to criticizing UWI and Bajans.


  22. @ Michael Campbell

    You are asking the wrong person. I am repeating what I was told by the person, a highly reputable academic who I would not identify. I know nothing about UWI and UWI PhD candidates apart from shopping at the book shop.
    What I can say is that a credit union was funding a conference on finance and I was asked by the late Trevor ‘Job’ Clarke to give a UWI PhD a hand in organising it. It did not go well.
    You claim I stretch the truth, especially when it comes to UWI and Bajans. Plse provide evidence.


  23. Business people know how to protect their wealth so keep deluding yaselves with ya wizard of oz and Alice in wonderland slowmindedness…..just wait for the crash, it will be heard around the world…..stay DEPNDENT because ya have wicked-minded, spiteful, evil leaders who hate seeing their own people with anything……BOOM!!

    “(Bloomberg) — Anthony Bamford, the billionaire chairman of excavator maker JCB, has transferred his shares in the firm’s Caribbean holding companies to Switzerland, altering arrangements that fostered his family’s fortune for decades. JCB Group Holdings Sarl, based in the Swiss canton of Vaud, now holds shares that the British tycoon and his family control in one of the world’s largest closely………….

    The move illustrates the lengths many of the world’s richest people go to to protect their wealth. Two years ago, four Chinese tycoons transferred more than $17 billion into family trusts with the ownership structures involving various Caribbean entities, while a trio of tax havens support the wealth of Stefano Pessina, the outgoing chief executive officer of Walgreens Boots Alliance Inc. A spokesman……….”

    Read more at: https://www.bloombergquint.com/business/tycoon-moves-6-billion-fortune-to-switzerland-from-caribbean
    Copyright © BloombergQuint


  24. man unnuh talking shoite.

    a civil case is a paper document in most cases. that means that a judge knows exactly the areas of law being contested and the evidence in support before the case actually comes to court. the research and case law almost always accompany the statement of the case or the complaint. and as issues come up they are researched and submissions made to the court.

    the structure of a judgment or how to write one is available on line, in old cases etc.. in any case a high court judge has assistance and his clerk (the american definition) could do whatever research he /she wants and sometimes draft/ write their judgments. the other clerk (english definition, from experience sometimes knows more law than the judge and could write judgments just as well). in addition draft decisions are sent to the lawyers to get their opinion before the judgment is completed and issued. it is expected that judges’ decisions will be appealed and sometimes overturned. that is how the law is changed and how it keeps relevant.

    the issue in Bim is laziness and complacency with a good smattering of incompetence. there is a female judge who only works between 11 and 2. a male judge who begged and petitioned to be a judge because he could not make it as a normal lawyer. there is another who doesnt seem to understand law and how it is applied. and yet another who rides on his family name.


  25. @Greene

    Clearly you missed an earlier comment, judges it was reported have had to work for long periods without research officers.

    Have a read of this 2020 UNDP Report, go to page 66 for those who do not lie to read.


  26. clearly you cannot read-

    a civil case is a paper document in most cases. that means that a judge knows exactly the areas of law being contested and the evidence in support before the case actually comes to court. the research and case law almost always accompany the statement of the case or the complaint. and as issues come up they are researched and submissions made to the court.


  27. And if the judge does not have a research officer to draft decisions and at the same time has to preside over current cases? Case flow management is a challenge across the Caribbean, some have it worse than others.


  28. do you know whether that is the problem in Bim? i know of cases where lawyers have offered to have their own clerks type the Judge’s decision if her clerical staff is inundated or could not otherwise so do. but it was not taken up, because the judgesnever drafted her decision not even orally.

    Judges in Bim are lazy and complacent, if not incompetent, having gotten away with excuses over the years.

    i could name a few who should be fired. i must say the new ones especially Judge Greaves are doing a splendid job


  29. You know judges and the blogmaster knows judges so we are even. We have a systemic problem, you will have to manage incompetence in any profession but this is not the only problem to solve. You may have the last word.


  30. You know judges and the blogmaster knows judges so we are even. We have a systemic problem, you will have to manage incompetence in any profession but this is not the only problem to solve. You may have the last word.

    Bajans will always find a way to defend incompetence. It’s the weather, the cat, the dog…
    Why not simply admit that most of the judges (and lawyers) are incompetent?


  31. All recent comment reinforces the excellent post of BrathwaiteE – September 7 @ 08.35:

    “Legal process should never be a mystery. The PM is an attorney and from a family of esteemed attorneys. She is steeped in the law and SHOULD know all inner workings well.
    Easy to snipe from opposition benches. Now she has opportunity to deliver FAST reform.
    Covid has allowed draconian steps to be taken in multiple areas. Please use it to MODERNISE our antiquated law courts and systems. ALL BAJANS will benefit.
    Too many suffer injury and injustice from YOUR PROFESSION. Be an innovator and don’t hide from or delay what might be the biggest challenge of your leadership.“

    PM: THE EVIDENCE IS CLEAR. AS WE CHART NEW OPTONS FOR THE NATION, JUDICIAL EXCUSES & INCOMPETENCE SHOULD NOT BE TOLERATED. THE TIME IS NOW. PLEASE ACT.
    IT IS INCUMBENT ON YOU TO ENSURE THIS SUFFERANCE ENDS NOW.


  32. @Greene
    the issue in Bim is laziness and complacency with a good smattering of incompetence. there is a female judge who only works between 11 and 2. a male judge who begged and petitioned to be a judge because he could not make it as a normal lawyer. there is another who doesnt seem to understand law and how it is applied. and yet another who rides on his family name.
    ++++++++++++++
    Aren’t you undercutting your own argument? Are you saying that what transpires in US or British courts with regards to resources is applicable to what happens in Barbados?


  33. @ DavidB

    The court system in Barbados was based on the British system, with Assizes etc. In 1971, the British (England and Wales) reformed their system and created Crown Courts, restricted the powers of magistrates’ courts and later, founded small claims courts in which you do not have to be legally qualified to bring a case or represent yourself.
    Why can’t we have small claims courts? Why can’t we have a maximum time for which an accused can be remanded in custody? What is wrong with allowing someone who had not been admitted to the bar from appearing before a judge in chambers?
    Why do we still have police officer prosecuting in magistrates’ courts, when Barbados has one of the highest number of lawyer per capita in the world?
    .


  34. What David is missing is that many of the cases are not complex.

    As I said, I could have argued the case AND written and handed down the judgment in the case I sat in on.

    Could have done the research too.

    No rocket science necessary.

    Thanks to Greene we are more enlightened as to how a civil case goes down on paper. That, now I think of it, was my experience. It is all presented on paper beforehand. No surprises like on TV!

    The new judges will of course have a problem clearing the backlog but have we not hired others to gradually reduce that????

    I don’t know why some people stand in awe of the people who practice Law and believe their job to be so difficult. Since there is nothing new under the sun it is more than likely that the same arguments have been made and decided upon before.

    New circumstances with different twists will occur occasionally but not every day, week, month or year.

    Mostly run of the mill stuff I would think.


  35. Agree with all.
    This is the perfect time to modernise swiftly and ensure higher standards.
    To not do so, I believe that PM will be guilty of a grave dereliction of duty.

    A good start will be to answer the letter from Mr Macintosh.


  36. Michael Campbell,

    Just last year I had a conversation with someone responsible for marking papers at Cave Hill. She recognised that a student had googled and lifted almost a whole paper from the net. What alerted her was that the student, an undergraduate had presented a paper that was of graduate standard She was advised by her ‘superior’ to overlook it.

  37. Michael Campbell Avatar

    Donna

    Two different situations.

    Austin’s scenario is one involving a decision by UWI to remove an outside examiner because he sent a proposal for a PhD candidate to do further work on his or her thesis, which does not make sense.

    Your story, on the other hand, has to do with what seems to be a personal decision by a superior to ask someone marking papers to overlook plagiarism.

    What should interest you was if the someone you conversed with reported the matter to UWI’s hierarchy and what final decision was made.


  38. “Mostly run of the mill stuff I would think.”

    the elementary stuff lawyers and judges on the island act as so difficult and complex to accomplish, there are paralegals in the US handle and specialize in more complex areas of law, from what I see in Barbados, they are all a bunch of clueless pretentious jokers…hellbent on violating Black people’s rights and whoever else they can victimize with their stupidity.

    on another very serious note, Mia and that tub of shit from St. VIncent were desperate to see racist Indians in power in Guyana because both of them know why, hope ya happy now, careful what you wish for…..dumbass lawyers again..


  39. @Donna

    The blogmaster is not missing one damn thing. The systemic issue affecting our court system is not caused by incompetent judges. This is a simplification of the problem.


  40. “And if the judge does not have a research officer to draft decisions and at the same time has to preside over current cases? ”

    The system is MISMANAGED..along with being corrupt..

    ….a judge starts civil cases and within months is rotated into the assizes…has already heard cases for 2 years or more, OK fine, a new judge is assigned the same cases and within one year is rotated into the same assizes….deadend….because within that two-year span…NO CASES ARE CLOSED, settled, resolved or decisions handed down and they just keep dragging on and on with all the other shit that happens, court closed for cleaning, court moved, court returns, lawyers playing fool…judges saying one thing and never following up….between the first judge and the second judge…8 YEARS HAS ELAPSED…..and they all believe that is a real court system…no it’s not..


  41. I know many are waking up by many more still need a jolt, everyone cannot be saved, that is understood….but something must be done about your no good, slave master overseers for leaders…..they will destroy African people’s lives even more now ..and since they have already robbed the majority population of EVERYTHING, they have now turned to robbing everyone else..

    https://scontent.fbgi3-1.fna.fbcdn.net/v/t1.0-9/119005417_784991795583921_3039986396872041671_n.jpg?_nc_cat=111&_nc_sid=8bfeb9&_nc_ohc=Yw_qDF9T3ooAX-hWptS&_nc_oc=AQkpKom3Hx-Nx7pqshFKCPbdLZX_vSWx6U6jtak9PDaqHvnRFZEPDOJNq7Ja0H5Lgmo&_nc_ht=scontent.fbgi3-1.fna&oh=b496ae85795dede5a9abcbf6e913c6fc&oe=5F7EEAF3


  42. @ Michael Campbell

    I am sure the academic concerned reads BU. If he wants to identify himself then he is free to do so.


  43. @Dullard

    We know your standing position on matters that throw shade at Barbados.

    Who can accuse the blogmaster with a straight face about defending incompetence.

    Steuspe.


  44. @ David September 8, 2020 7:26 AM
    “And if the judge does not have a research officer to draft decisions and at the same time has to preside over current cases? Case flow management is a challenge across the Caribbean, some have it worse than others.”
    +++++++++++++++++++++++++++++++++++++++++++++++

    But not when it comes to the “superfluidity” in hiring so-called consultants and other politically-tainted hangers-on!

    Dullard @ September 8, 2020 7:59 AM is more on target regarding the reason for the constant violation of people’s Constitutional rights when it comes to justice in Barbados.

    How then do you explain the judicial officer Greaves’ ‘outstanding’ performance within the same ‘deliberately hamstrung’ judicial system?

    How do you explain the extremely poor and unprofessional behaviour / performance of lawyers, generally, in Barbados who operate within a ‘family’ of political incest and a professional network of impunity sans the Bar Association?

    We are putting it to you that 90 % of the lawyers in Barbados would not be able to practise law in the UK because of their incompetence, with a significant number having to serve time behind bars.

  45. de pedantic Dribbler Avatar
    de pedantic Dribbler

    @Vincent, how and why are we giving what is basically an exercise of review, comprehension and explanation such an exalted position on the intellectual spectrum!

    What special “intellectual capacity” does a judge need to adjudicate a comprehensively presented case that he or she would not have fundamentally dsplayed at A level or CAPE or whatever exams in which they previously excelled!

    They showed already that they can read, understand and explain materials … and here they have been doing much the same for years and enhancing their knowledge in their field … so WHAT specialized intellect is here now needed to review, understand and explain !

    As noted by others the difficulty with case judgements is principally the laziness and incompetence (indifference to doing a good job) …

    The lawyer Greene explained it … and the key take away from his remarks should be that a judge often is given the case precedents in the presentations by the lawyers and too guided by their interpretations of the law of the case at hand.

    In which profession are we told where to look, given what to look for and simply asked to affirm if the data is good or bad and yet we are stumbling to give an OPINION.

    Really!

    Why can’t any reasonably intelligent person (who progressed through six – seven years of studies and at least another similar time frame before getting on the bench) NOT be able to review the arguments, do further research and then distill all that in a judgement …

    In sum, why cant this studious professional complete a “term paper or graduate thesis” as they had to do to become the professional!

    When you aspire to the bench YOU know that’s your life… extensive preparation and presentation of “thesis” after “thesis”… which will be reviewed by peers and which will likely have a profound effect on those to whom the thesis is addressed … so what’s all this unprofessional conduct if not ‘eff u all’.

    Also David as much as a “clerk” would be ‘essential’ (like a deputy almost 😎) that’s a passe crutch…
    both you and VC and others know that since almost 20 plus years now cases are easily SEARCHABLE … coupled with @Greene’s point about the legal, expert and other pertinent details presented at court … there really should be little reason for delays in getting on with the task at hand …

    Quick case search is a significant and useful clerk….

    So it must be about time management to WRITE the judgement …. and that’s all on the judge’s work ethic (competency).

    To be so intellectually inept to be unable to handle the task means that you succeeded in plagiarizing most of your essays and cheated on your exams and got on the bench via political patronage … but even if that’s the amazing situation then it also suggests you are a shrewd playa and thus should be smart enough to produce judgements (plagiarized or otherwise) …

    I really, really dont get the excuses being offered !

    Some lawyers who aspire to the bench are simply lazy … they are happy to get the guaranteed salary and life time appointment …. they are just chilling… there is NO employment review process by which they can be sanctioned for poor work … and who doesn’t play the backside when they are so sweetly ensconced !

    The recent changes should fix these lengthy delays “toute suite”!

    We’ll see some amazing rediscovery of ‘intellectual capacity’, new found assistance and writing ability … just so… lost of perks or job can do that to you!


  46. @Dee Word

    Thanks for your ‘treatise’.


  47. @Hal Austin September 8, 2020 6:46 AM “…t a credit union was funding a conference on finance and I was asked by the late Trevor ‘Job’ Clarke to give a UWI PhD a hand in organising it. It did not go well.”

    So Job asked you to help, but were you or Job asked for help by UWI or the credit union?

    Perhaps neither the credit union nor UWI wanted nor needed your help or Job’s help?


  48. @Greene September 8, 2020 7:48 AM “do you know whether that is the problem in Bim? i know of cases where lawyers have offered to have their own clerks type the Judge’s decision if her clerical staff is inundated or could not otherwise so do. but”

    You mean to tell me that in 2020 there are still lawyers and judges in Barbados or anywhere who do not know to type? Lolll!!! Lord come fah ya world.

    Since Covid the grands who are still at elementary school [but on their way to HC, NOT Combermere, lol!!! in a few years} have all had to learn to type. With modern technologies it int that hard.

    Stupssseee!!!

    P.S. Have had to learn to ride a bike, swim, music, dance, cook, do laundry, use a sewing machine etc. These things int hard, they are BASIC life skills. Everybody should be made to learn how to do these things before they are permitted to leave the family home at 18 or so.

    Anybody who doesn’t know how to do these things is a certified idiot.We really need to stop fooling ourselves that BASIC LIFE SKILLS are hard, hard, hard to acquire.


  49. @Greene September 8, 2020 7:48 AM “i must say the new ones especially Judge Greaves are doing a splendid job.”

    Not surprising.

    Old fashioned country boy who grew up WORKING.

    Not like some of the idiots my kids went to university wid who claimed not to know how to wash their own clothes with or without a washing machine. Kids whose foolish parents forbade them from taking a bus until age 18, and then shipped them off to London or New York or Toronto, or Paris, without the accompanying maid or mommy.

    Lol!!!

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