Prime Minister, Caswell is no Lawyer but …

Submitted by Senator Caswell Franklyn

Many commentators have weighed in on the application of the COVID-19 directives, particularly with regards to the sentencing of offenders and the apparent gusto displayed by the chief magistrate while presiding over the resulting cases. My own view is that these directives are flawed, but for the purposes of this article I would consider them as valid. Mind you, I am reminded by no lesser person than the Prime Minister that I am not a lawyer. But as a lawmaker, I believe that I have an obligation to question laws that appear to my untrained mind to be applied unfairly or irregularly; and a right as a concerned citizen to ask whether my rights as a member of the public are being infringed by the government.

Under the provisions of the Emergency Management Act, as amended last year, the Cabinet was empowered to delegate its power to make rules to the Prime Minister. As a result, a series of directives were issued by her to regulate, and where necessary, punish people’s behaviour during the state of emergency.

I believe in many cases that these directives are ill conceived and contrary to law but I must point out that they are the law and must be obeyed until such time as they are revoked or struck down by a court of law.

I am concerned by the penalties being imposed by the court on persons who violate the directives issued by the Prime Minister. The statutory instruments made by the PM provide that a person who contravenes the directives is guilty of an offence and liable on summary conviction to a fine of $50,000 or to imprisonment for a term of one year or to both. Since I am no lawyer and not expected to understand these things, I must ask the Prime Minister to explain how she could specify such hefty punishments in the statutory instruments that she has made so far, in light of the provisions of section 19.(10) of the Interpretation Act? It states:

Where an enactment confers power to make any statutory instrument-

(a) there may be annexed to a contravention of that statutory instrument a punishment by way of a fine not exceeding five hundred dollars or imprisonment for a term not exceeding three months or both.

My elementary understanding of the law has led me to believe that the Prime Minister has no power to override the provisions of the Interpretation Act. But even if she has, I would still like this Queen’s Counsel to explain where she derived the power to legislate without bringing the statutory instruments to Parliament for approval.

It is my understanding that the Emergency Management (Amendment) Act, 2020 and the Interpretation Act allow the Cabinet to delegate its functions to the Prime Minister or anyone else. But, I’m also aware that section 49 of the Interpretation Act states that any such of delegation of functions shall forthwith be published in the Gazette. At my request, staff at the Government Printing Department, publishers of the Official Gazette, have been unable to locate a copy of the order that delegated those functions. Was that order ever made and published? I shudder to think that the Prime Minister would have been making rules/directives without first obtaining the requisite order that would have enabled her to do so.

As a non-lawyer, I am asking the Queen’s Counsel: what would happen to persons who were convicted and sentenced under these rules/directives? Would they be entitled to compensation or a refund? Or would you amend the Constitution to make wrong things right?

165 comments

  • Also an area of which Mariposa weighed thoughts and comments heavily dealing with laws that derived citizens of due process as govt used COVID as a defence mechanism to unjustly stomp on the constitutional rights of citizens
    This govt does what it wants to do because govt knows that barbadians are not up.to par when it comes to Constitutional law

    Like

  • @Caswell

    Even though you may very well be right with a 29-1 majority it’s a simple matter of changing the law / amending the constitution and making it retroactive. Problem solved.

    We have two Deputy Commissioners of Police and two Senators to show us how it is done!

    Just Observing

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  • @ Masey Green. Our Davie gun love this 🎼🎹

    Ladies and Gentlemen, this is captain Tobias Wilcock welcoming you aboard Coconut Airways flight 372 to Bridgetown Barbados
    We will be flying at an ‘ight of 32000 feet and at an airspeed of approximately 600 miles per hour
    Refreshments will be served after take-off, kindly fasten your safety belts and refrain from smoking until the aircraft is airborne

    Woah, I’m going to Barbados
    Woah, back to the palm trees
    Woah, I’m going to see my girlfriend
    Woah, in the sunny Caribbean Sea

    I don’t wanna be bus driver all my life
    I’ve seen too much of Brixton town in the night
    Fly away on Coconut Airways
    Climbing high, Barbados sky

    I look up at the sky and I see the clouds
    I look down at the ground and I see the rain go down the drain
    Fly away on Coconut Airways
    Climbing high, Barbados sky

    Woah, I’m going to Barbados
    Woah, back to the palm trees
    Woah, I’m going to see my girlfriend
    Woah, in the sunny Caribbean Sea

    Far away from London town and the rain
    It’s really very nice to be home again
    Mary-Jane, in the Coconut Airways
    Now I know, she love me so

    Woah, I’m going to Barbados
    Woah, back to the palm trees
    Woah, I’m going to see my girlfriend
    Woah, in the sunny Caribbean Sea

    Ladies and gentlemen, we are now commencing our approach to Bridgetown Barbados
    The weather is fine with approximate temperature of 90 degrees Fahrenheit
    The sky is blue and the palm trees are really cool
    Captain Wilkock and his crew hope you have had a pleasant flight and that you will fly Coconut Airways again…

    Oh Lordie, Lordie 🤣🤣😅

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  • @Observing
    Yours @1032 pm

    But no Integrity in Public Life…… Funny how that works

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  • Once again, our Senator is dead wrong! Of course.

    The Emergency Management (Amendment) Act, 2020 is the first act of a revolutionary new constitutional order: a one-party democracy without separation of powers and a president for life. Thus, the Emergency Management (Amendment) Act, 2020 is the only constitutional regime since its declaration. All the provisions of the old constitution (state organization and minor matters such as human rights) no longer have normative force.

    Consequently, the Interpretation Act is inapplicable alongside this new constitutional law for three reasons (with descending weight): first, the Emergency Management (Amendment) Act, 2020, as a revolutionary law, implicitly repeals the Interpretation Act; second, the Interpretation Act has no constitutional rank and is not applicable beside constitutional law; third, the Emergency Management (Amendment) Act, 2020 is lex specialis.

    Tron

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  • @ Masey

    Yah got to ear Dumplings in de stew wid Alfred, Marvo n Jeannette.

    Yah gun kry fah days n days 🤣😂😅😀de 3 trying to kill people.

    Lordie Lordie dem havin fun 🤩

    Davie loving this gal😘

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  • NorthernObserver

    Mariposa? I haven’t seen that blogger around these parts in months.

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  • @ Masey

    You say women b backing up when Caswell talking to dem 🥶. Da say he b walking round wid mints n he pocket. I done get it, dem wearing mask now. He need extra-strong from dem hawkers n de bus stand. You got to b lying, cause he pregnant. Or Lordie I went to say prominent. Cramps in ma fingers 🖕🏿

    Walk good. Gossip soon again gal.

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  • The INTENT is ALWAYS to violate Black human rights….that has to END…on the world stage if necessary, don’t mind all the bullshite hype, they ain’t shit……….these are wannabe dictators because they know they can get away with that. Black people find it difficult to stand up for their rights especially when deceitful, wicked politicians have the propensity to INTIMIDATE families for generation ….these cases need to go before world courts…..

    you are NOT begging me for votes then as soon as you are elected…wielding ya small time power on ME the BLACK person whose votes you begged and VIOLATING MY RIGHTS to the point….and i can’t even benefit from any of it or my tax dollars, pension money, severance payments or get justice from the JUDICIARY I FUND……unless i turn into a disgusting fowl Slave….oh, hell no YOU ARE NOT…..goddamn frauds.

    “But no Integrity in Public Life…… Funny how that works.”

    of course not, they plan to continue CRIMES AGAINST BLACK PEOPLE indefinitely…..integrity in public life legislation that ACTUALLY WORKS to lock them up….will cramp their style….they disgust people and think themselves so worldly…..pretenders…..a repulsive lot.

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  • Caswell is once again showing he has a better understanding of legal theory than many of our law-makers. Under the emergency legislation it looks as if not only are regular laws suspended, but parliament is also side-lined.
    If so, who is authorised to make law? If Cabinet has delegated that responsibility to the prime minister, as @Caswell alludes to, then we are an authoritarian state, an elective dictatorship?
    Why are out politicians not protesting? Why are there no threats to resign? Why has no one challenged Mottley’s leadership?

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  • “But as a lawmaker, I believe that I have an obligation to question laws that appear to my untrained mind to be applied unfairly or irregularly; and a right as a concerned citizen to ask whether my rights as a member of the public are being infringed by the government.”

    Law is intuitive son
    What the fuck is a stinking lawmaker spouting shit on BU to stir up protests / revolution / insurrection over Covid lockdown for, you should consult a lawyer forthwith for a legal remedy, who will probably advise you to stand down and save money as you would probably lose your case with trop de beaucoup costs considered that will make you well bankrupt is my advice for nothing

    are you the same ‘caswell’ who posts on BU with signature ‘blessings’ for sign off also known as ‘unknown’

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  • Should the Prime Minister be the target to f the lawyer for the state in the person of Dale Marshall.

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  • We disagree with Caswell about obeying laws which violate the rights of citizens.

    Should that old standard be reestablished we will want to question Caswell, as the rightful lawyer of the public, about all the slaves codes still on the law books in Barbados which are generally ignored. For examples, a law stating that African drums should not be use in public places. Should that too be obeyed.

    We understand that as lawmaker the politics required cannot include lawbreaking. For the rest of us untethered by such there must be a morality superior to the contrivances of men.

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  • A recent study showed that the average American breaks three laws daily.

    The fact is that even lawmakers are out of hand. When a society has so many laws that lawbreaking becomes a generalized occupation we have more trouble than we can deal with.

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  • Caswell,s argument would have made the American Revolution impossible. It would have made the Haitian Revolution impossible. It would have made the Bussa Rebellion impossible.
    Be jesus christ, it would have made the Glorious Revolution of 1688 impossible.

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  • The much applauded Civil Rights movement in America was predicated on lawbreaking.

    The Anti-Apartheid movement was predicated on lawbreaking.

    The fight against slavery was based on lawbreaking.

    The anti-colonial struggles in the South were catalyzed by lawbreakers.

    Indeed, most of the greatest heroes in our world are products of lawbreaking.

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  • Caswell is however in no dander of becoming one such hero. LOL

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  • Danger

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  • Caswell

    In circumstances as describe in your final paragraph, how would a return of a fine be sufficient when those wrongly convicted would have been possibly arrested, subjected to an illegal trial, and possibly gone to prison.

    As for compensation should we not be talking about a much greater number?

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  • An unemployed youth was fined 1000 dollars yesterday or alternatively one year in prison. Fine was paid forthwith. One should note that the irresponsible actions/behaviour of a few ignoring COVID 19 protocols can result in millions of dollars in losses and related hardship for the country.

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  • David
    Do we have to have a law for everything? Does moral suasion have no credence at all? Must laws the administration likes be always enforced in most instanced?

    Liked by 1 person

  • The laws reflect the character of the society.

    Liked by 1 person

  • Critical Analyzer

    @David March 3, 2021 9:14 AM

    What about the irresponsible actions of the medical authorities and policy makers setting stupid protocols that don’t match the known science and reality of the situation?

    What fines are they going to suffer for their incompetence putting people lives in danger?

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  • Here is the view of a leading English QC; it should be read by every lawyer, every law student, every politician, every citizen in the country. It is a lesson in the rule of law.

    The Covid-19 pandemic has resulted in the government introducing some of the most severe restrictions on public life in modern British history.
    At the height of the lockdown, there were numerous cases of police emptying parks of sunbathers and harassing people seemingly just for being outside.
    Recently, new rules have been brought in to prevent people gathering in groups larger than six, and several areas of the country remain in local lockdown.
    But with rumours of more measures to come, do the authorities even understand the laws they are producing and enforcing?
    Kirsty Brimelow QC is a senior lawyer and expert in international human-rights law. She was named International Pro Bono Lawyer of the Year in 2018, and is chair of the Bar of the Human Rights Committee. She has recently spoken out against the misapplication of draconian Covid laws by the police and courts. spiked caught up with her to discuss the Covid legal confusion and why it is so dangerous.

    spiked: You have raised the issue of wrongful convictions under the Coronavirus Act. What are some of the examples you’ve come across?

    Kirsty Brimelow: First, I should clarify what the legislation says. There were two pieces of emergency legislation which came into force in late March. These are the Health Protection (Coronavirus, Restrictions) Regulations (known henceforth as the coronavirus regulations), and the Coronavirus Act. The Coronavirus Act introduced powers relating to potentially infectious people. The powers it gives includes directing people who may be potentially infectious to go to health centres, and compelling them to stay there – but these powers are entirely separate from the regulations. The regulations contain restrictions on movement and gathering.

    In fact, the Coronavirus Act has never been lawfully used. It has been continually misapplied.

    I became involved in the first prosecution under coronavirus law, which was the prosecution of a woman called Marie Dinou. She was on her own at Newcastle train station, standing on the platform. There was a report from people at the station that she was loitering. The British Transport Police (BTP) came and then decided to arrest her. She was detained in a police station and spent two nights in a cell before being taken to the magistrates’ court. She was convicted and given a fine of £660.

    The police said Dinou had committed an offence under the Coronavirus Act. This was wrong. In fact, the offence she was accused of does not exist. The police used the wrong law for a start, mashing together the coronavirus regulations and the Coronavirus Act. Dinou was unlawfully arrested and wrongly prosecuted. The case was brought back to the magistrates’ court very quickly and the conviction and fine were overturned. The BTP did issue an apology, but there are still a lot of worrying features here. Everything that happened was contrary to the entire purpose of the coronavirus regulations, which are intended to prevent the spread of the virus. Bringing Dinou into contact with unsanitary conditions in a cell potentially placed her in danger, so it was not even helpful from the perspective of health. It was a failure of the whole system.
    The other case that I was involved with was somebody called Lewis Brown, who was convicted for being outside. Not only was the wrong law used, but the wrong part of the law was used. Part of the law applying in Wales was applied to Brown when he was in Oxford. There were also two women who had driven to Preston docks to exercise, and they were fined. That was entirely unlawful – there was no legal prohibition on what they did.

    spiked: Since the beginning of lockdown, laws have been confused – by the public and even police – with government guidance. Why is that so dangerous?

    Brimelow: The Crown Prosecution Service conducted a review of all charges under the coronavirus laws – both under the regulations and the Coronavirus Act. It found 28 per cent of the charges made under the coronavirus laws were wrongly brought. That is extremely high.
    The figure was 18 per cent in the next review. But the CPS accepted that, despite the reduction, 18 per cent is still a very high figure. Behind those statistics is the stress and anxiety for the individuals concerned. The cases have continued to come through despite these findings, and the real concern from my perspective is for those cases that have no safeguards and cannot be reviewed. That is the case with fixed-penalty notices, where there is no appeals process. Without safeguards, there is a much higher likelihood that such fines are being issued wrongly. All people who face these fines can do is pay or take their chances in court, and if they lose in court they end up with a criminal conviction. I have been calling for a review by all police forces of the fixed-penalty notices that have been issued, but this proposal has been rejected.

    spiked: Why do you think the law is being so routinely misapplied?

    Brimelow: The government has to take a lot of responsibility. Guidance is very different to law, but what has been happening right from the early stages has been that the government has been saying what it thinks people should do, and that advice has been more strict than the law itself. As a result, police chiefs and even ministers have become confused as to what the content of the law is. There is often a lag of a few days between government guidance being announced and the introduction of laws, and police have acted according to what they had heard pronounced by ministers, rather than what was actually contained in the regulations.
    The law has the power to criminalise people. Breaching guidance should not result in criminal prosecution. It would be really easy for the government to say what they think people should be doing, but make clear that the law itself is less strict. The law is the law, but mashing it together with guidance can have advantages for governments. It allows them to protect ministers who break the law themselves, letting them argue they have not broken the law, but just the rules.

    spiked: You have said that the way lockdown was implemented and policed has damaged the rule of law. What do you mean by that?

    Brimelow: The rule of law developed to protect the weak and vulnerable from the strong, and to treat people equally. That has been hard fought for. That equal application of the law cannot be dependent on positions of power. The rule of law is also there to prevent the government from acting illegally. The government cannot subject us to restrictions and punishments unless justified by law. The rule of law goes back centuries, and if you emasculate it or hack away important elements of it, what you end up doing is actually cutting away protections from the people who most need it, because generally those in power are guaranteed to have sufficient strength not to need to fall back on an equal system. And you can see this when you look around the world where the rule of law is completely compromised in terms of independence and equality. It places you on a road to tyranny.

    spiked: The government has introduced new regulations – most recently on local lockdowns – with little to no parliamentary scrutiny. Why do you think there has been so little opposition to this?

    Brimelow: The laws have come into force with less scrutiny than you would get for a new series on Netflix. It’s been quite stark. The government felt it had to act rapidly in the face of the virus, understandably. But there’s no justification for ongoing revision of law without it going through parliament. The reason why parliament is so important is it raises checks and balances. It allows arguments to be put forward against what is being done. It lets you ask if the laws are catching too many people, and ask what the justification for criminalising people is. I would have expected a rigorous debate on whether we really need the enforcement to include criminalisation, but it didn’t happen.
    The political strategy of being a ‘critical friend’ of the government was understandable in the face of a serious virus. But at the same time, we have ended up with laws that actually are not even fulfilling the purpose of preventing the spread of the virus. In fact, it has moved from that core purpose, and laws are really being used as an exercise of power by police, who are not considering the health and safety aspect. I would not necessarily put all the blame on the officer on the street, as it can be very difficult to understand all these laws that are coming thick and fast. But when you have macho signalling from police chiefs, such as suggesting officers may inspect shopping trolleys to make sure all shopping is essential, you see a real lack of common sense, and a failure to acknowledge the fact we are a nation where the police are meant to operate by consent. This runs contrary to the fact that enforcement is meant to be a last resort….(Quote)

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  • @CA

    There are consequences for incompetence and good management. The measure is in the outcomes. As a civil society we are to actively engage by discharging our civic responsibilities and deal with the chips where they end up. It is an iterative process is it not? No binary issue here to solve.

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  • Critical Analyzer

    @David March 3, 2021 9:23 AM

    No David, the laws reflect the character, nature and insensitivity of the people in charge.

    The vast majority of society agree most of the law is stupid and heavy-handed but they have no say in the matter.

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  • @CA

    Your position is supported if civil society is passive with the system. It is not suppose to be.

    Liked by 1 person

  • Critical Analyzer

    @David March 3, 2021 9:27 AM

    The people in charge never have to deal with the consequences. They either structure it so they cannot be held accountable or they shift blame to those unable to defend themselves.

    Look at the blame they put on a bus crawl for something that must have started at the prison. I have heard nothing more about the source of that cluster.

    We had a media report of known COVID positive people running around trying to pay bills and buy groceries before they went into isolation. But instead of patching those glaring dangerous holes, we want to heavily fine and imprison people under severe stress for doing very low risk activities.

    Liked by 1 person

  • This is the point, through people advocacy they should have to deal with the consequences. We have absolved ourselves from our prime responsibility in the system of governance. We prefer to wallow in political partisan narrow interest irrelevance.

    Liked by 1 person

  • @CA
    What about the irresponsible actions of the medical authorities and policy makers setting stupid protocols that don’t match the known science and reality of the situation?
    +++++++++++++
    Why don’t you give us a rundown of what the authorities should do that doesn’t match your rhetoric of “nuff sea baths, playing on the sand and fresh breezes”?

    Liked by 1 person

  • @Sarge
    Why don’t you give us a rundown of what the authorities should do that doesn’t match your rhetoric of “nuff sea baths, playing on the sand and fresh breezes”?

    You left out “not wearing masks”

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  • David
    Character of the society? Seems that they are generally copied from elsewhere.

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  • Critical Analyzer

    @Sargeant March 3, 2021 10:07 AM @TheOGazerts March 3, 2021 10:09 AM

    I will give you three simple things:

    1) The government needs to properly tell us under what environmental conditions are our cases of transmission occurring. We have had over 3,000 cases thus far so they must have numbers on where the transmission occurred.

    2) We should research and evaluate the efficacy of low risk early treatment protocols like hydroxychloroquine and ivermectin other doctors across the world have been using to determine if they can work here or are we going to wait for WHO to tell our supposedly qualified doctors and pharmacists that have been using these drugs for year what treatments to use.

    3) Tell us the conditions under which properly masks are ineffective.

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  • @dirt farmer
    One of my fav songs..love it.

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  • @CA
    I think #3 is for yourself.

    I know you are serious, but
    #2 I would go with the medical professionals on the island, if I was there. The truth is that if they follow all of the suggestions from ozone therapy to hanging upside down from the roof whilst inhaling menthol not a soul would have covid-19 (all would be dead)

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  • “Do we have to have a law for everything? Does moral suasion have no credence at all? Must laws the administration likes be always enforced in most instanced?”

    It makes the ignorant feel big, good about themselves and in control..

    Even worse, laws based on colonial templates that ALWAYS criminalizes Black populations…

    we will always get back to the reality…that the government created the environment for the virus to thrive and spread, that’s how it got away from them…they gave themselves no wiggle room and advertised the island as basically virus free inviting every infected person they could find…then want to blame it on Black people.

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  • “When a society has so many laws that lawbreaking becomes a generalized occupation we have more trouble than we can deal with.”

    manmade laws, with lawmakers being the lawbreakers themselves, giving themselves immunity….

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  • Critical Analyzer

    @TheOGazerts March 3, 2021 11:15 AM

    I meant our medical professionals evaluating the research out there and try the safe ones to see how effective they are. As far as I know, there is no early medical intervention protocol in use. They seem to be just isolating and monitoring to see if you progress or not. They are supposed to have the education and training to interpret the material.

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  • Caswell is right about challenging a Queen’s Counsel, since it is not a title won by examination. It is an award.
    However, it now appears he is going back on the ethical position he took earlier, by saying that although the emergency legislation seems to be contrary to law, it should be obeyed. This is contradictory.
    What he should be calling for is a Judicial Review of this unlawful regulation. @Caswell must make up his mind.

    Opposition Senator Caswell Franklyn on Tuesday blasted the penalties being imposed by the court on violators of the COVID-19 directives, declaring that although he is not a lawyer, the directives are “ill-conceived and contrary to law”.
    Yet, despite suggesting a flaw that potentially invalidates the rules, he insisted that the directives are the law and must be obeyed “until such time as they are revoked or struck down by a court of law”.
    The Emergency Management (COVID-19) (Curfew) (No. 4) directives impose a fine of $50,000 or one-year imprisonment, or both, to anyone who fails to comply with the terms and conditions of the ongoing curfew.
    In recent weeks, several offenders have been jailed for breaching protocols.
    The Upper Chamber lawmaker called on Prime Minister Mia Mottley to explain the hefty punishments in the statutory instruments that she has made so far, in light of the provisions of section 19 (10) of the Interpretation Act.
    That law sets a limit on the penalty for the contravention of regulations granting broad ministerial powers to a maximum $500 or a three-month jail term, or both. Higher penalties would have to be fixed by Parliament.
    The trade unionist claimed that under the Emergency Management Act that was amended last year, “Cabinet was empowered to delegate its power to make rules to the Prime Minister”.
    Senator Franklyn however argued: “ The Prime Minister has no power to override the provisions of the Interpretation Act. But even if she has, I would still like this Queen’s Counsel to explain where she derived the power to legislate without bringing the statutory instruments to Parliament for approval.”
    He further pointed out that section 49 of the Interpretation Act states that any such delegation of functions must be published in the Gazette.
    Senator Franklyn said: “At my request, staff at the Government Printing Department, publishers of the Official Gazette, have been unable to locate a copy of the order that delegated those functions. Was that order ever made and published? I shudder to think that the Prime Minister would have been making rules/directives without first obtaining the requisite order that would have enabled her to do so.
    “As a non-lawyer, I am asking the Queen’s Counsel: what would happen to persons who were convicted and sentenced under these rules/directives? Would they be entitled to compensation or a refund? Or would you amend the Constitution to make wrong things right?”….(Quote)

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  • Can you explain why you would post a comment that is based on the original post here. Please explain to an illiterate buffoon of a blogmaster.

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  • Just read the headline of this stream. The subject is @Caswell, the emergency legislation and its legality.

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  • NorthernObserver

    Tron
    It is high time our Supreme Leader cease addressing the nation by Fellow Barbadians or Comrades, and begin using Companions. Our Great Revolution has been underway for some time. Independence has been such a failure, that any celebrations on Nov 30th must be scrapped in 2021, and replaced with a more modern National celebration on May 24. Even though citizens have not battled officially, they must be reminded of, what they have fought for, the new Republic.
    History is such, that in 50-100 years the Republic’s historians may even be quoting @John on BU as a source of the causes of the Revolution….water.
    On another related matter, given the asset swaps between the UWI and various Nations, the title UWI needs abolishing. The term West Indies is colloquial and a reminder of enslavement. The word University is racist. There is no universality, or recognition of Universe, WE ARE the Universe. University is a construct of white supremacy. Yunifasiti Caribbean must replace UWI.

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  • Northern….satire or no, that’s why the Black populaton need to remove themselves from the whole system….slave masters committed centuries of crimes then legislated laws giving themselves immunity…they still are.

    ..enter a bunch of 11 plus slaves with slave titles and they too are doing the same..mimicing the same crimes, legislating laws against the Black majority, breaking everyone of those laws themselves, but they handily give themselves immunity…that slave society is GOING NOWHERE..but around and aroung…..

    .the people are already citizens, have nothing to prove, owe none of the thieves and racists anything and can move on…

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  • The Colson4 go to court soon. Their heroic act of removing the statute of a British notorious slave-trader was morally the right thing to do.

    Those who referred to this action as anything other than morally right are themselves criminals of the highest order.

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  • The nation of cowards residing in Barbados will never have mustered the intestinal fortitude to do similarly to Nelson.

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  • It is impossible for a nation which lacks such courage in such small things to have an ability to take on the world in economic terms – for economic development.

    You can’t be a coward in small things and expect to be courageous in things of substance.

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  • Pacha…they fooled themselves, tried to be slick, thought they were making a fool of everyone as usual…and it would all go away, then they moved nelson and everything picked up STEAM from there…they think they are the brightest and best….that’s why they landed themselves in billion dollar debt, that they now have to find ways and means to repay………😂😂🤣🤣

    ya would think after spending TAXPAYER’S money 62 million dollars on a 2- man consulting team along with all the additional millions they spend on fly by night consultants..they would have solved all the island’s problems by now..the island did not get any bigger..it’s still 21LX14W….they are the ones increased the problems..

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  • @NO
    I have already suggested that a statue of John be placed in Nelson’s vacant spot so generations can gaze upon his visage and sing hosannas, women can rub certain parts of the statue’s anatomy in the hopes that they would become pregnant (not for good luck like they do for rubbing Juliet’s breast in Verona).

    As for the West Indies why should an Italian’s mistake remain with us forever? I am all for Taino at least that pays homage to the original inhabitants and we can all be Taionese.

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  • NorthernObserver

    WE are left to wonder. From one of the earlier known images of the Nelson Statue in Barbados, the edifice was somehow elevated in height and turned 180 degrees, so instead of looking down Broad St, it looked the other way. And why did it have a metal rail fence around it in 1835? A shorter and raised version of the fence was in place at the time of its dismantlement.
    http://www.yorubadiaspora.org/s/slaveryimages/item/765

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  • NorthernObserver

    @Sarge
    No objection (not referring to the edifice of course), but I will defer to @MTA whether ‘Taionese’ is the correct extension.

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  • Is Caswell right to question the legitimacy of the emergency law, then ask the public to obey it? What do you think?
    Is this a case for our own local Gina Miller, the Guyana-born woman who challenged the Boris Johnson government?

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  • NorthernObserver

    @WW&C
    “the people are already citizens”
    the entire construct of citizen is steeped in superiority and exclusivity (doan mind the Barbadian passport is the 22nd most powerful…whatevah that means). We have humans forced to flee their unlivable dictators, being denied access to freedom because they lack citizenship!!! They are then labelled with the derogatory, potentially racist term, refugee. What we refer to as Planet Earth is the only known abode of homo sapiens. We are searching for others elsewhere, but so far, have only found them in comic books and fictional literature. Citizenship, as it is called, is only of value to receive freenesses from the welfare state. Or to escape the impositions of dictators upon certain persons. It requires abolition.

    Like

  • NorthernObserver

    Today, I am forced to admit, and offer an apology.
    For many years, I was known to read daily, not only to my own children, but to nieces and nephews, and the offspring of friends, literary compilations by one known as Dr.Seuss. These included for sure The Cat in the Hat, Green Eggs and Ham, Oh The Places You’ll Go, Fox in Socks, One Fish-two Fish-red Fish-Blue Fish, my personal favourite ‘Oh Say Can You Say’ and likely many other titles I cannot recall.
    In learning that some of these titles have been banned for unspeakable reasons, I offer an apology for spreading the word of Seuss. My youngest daughter had warned me the sex of some characters was confusing, but I ignored her.

    Liked by 1 person

  • “the people are already citizens”

    you are right Northern…but in the context of freedom to go and come…like those who have Barbados/UK/US and other citizenships..some have 3 …..they don’t have to TIE THEMSELVES to Barbados..

    .there is no law saying they have to build a country that 2 corrupt governments and a gaggle of tiefing racist minorities ROBBED OF BILLIONS OF DOLLARS….i won’t contribute A DIME to help them….let them find the money they ALL STOLE…

    like someone on the continent pointed out recently citizenship is a colonial SLAVE CONSTRUCT….keeping people in ONE PLACE to accumulate and generate money in an economy…there was no such thing as citizenship before Europe invaded, no prisons, NO POVERTY it’s an unnatural state….and Africans have come to realize it was used as a weapon to divide countries………so yes, like slavery it’s due for abolition.

    Like

  • “My youngest daughter had warned me the sex of some characters was confusing, but I ignored her.”

    children see things adults don’t…always be careful with whatever educational tools they come up with, it’s usually meant to BEND YOUNG MINDS….

    be particularly careful with new curriculi

    especially from questionable institutions like CXC.

    Like

  • @NorthernObserverMarch 3, 2021 12:48 PM

    To speak with Nietzsche, we need the total revaluation of all values.

    Following words will be replaced to achieve total political correctness:

    white-washing = praising the government
    white-collar crime = minority business
    blackmail = ask your brother
    look at the black side = take the opposition’s point of view.

    Like

  • Critical Analyzer

    There is too much erasing of history going on with this new normal of deleting previously allowed posted videos and content under the guise of protecting from misinformation, sexuality, racial and political correctness is so worrying.

    Liked by 1 person

  • @ Sargeant March 3, 2021 2:11 PM
    “I have already suggested that a statue of John be placed in Nelson’s vacant spot so generations can gaze upon his visage and sing hosannas, women can rub certain parts of the statue’s anatomy in the hopes that they would become pregnant (not for good luck like they do for rubbing Juliet’s breast in Verona).”
    ++++++++++++++++++++++++++++++++++++++++++++++++

    We can see that you, Sarge, are a widely travelled man to more than one continent.

    Is that ‘Freudian’ painted picture of yours based on an actual visit to that quaint ‘city’ town or did you conceive it, vicariously speaking, from your (undying) love of Shakespearian plays whether it was from the Romeo & ‘Julieta’ or the “Two Gentlemen of Verona”?

    And, if it is indeed ‘framed’ mental picture from an actual visit to Verona, we trust you also took in a viewing of the old buildings which once accommodated the ancient theatre and opera house before departing to climb the “Leaning Tower of Pisa”.

    However, we would like to recommend that our ‘little’ John(ny), with his puny pecker, pays a visit, after Covid of course, to the city of Pompeii to worship at the statue of Priapus and dream marvellously in a life-long state of envy.

    Like

  • @ Critical

    It is distorting history. It happens on BU too. Social media has its advantages and disadvantages. With print you cannot just delete or change.

    Liked by 1 person

  • CA

    What you called history is nothing but the narratives of the victors, the powerful.

    Next you’ll be talking about “cancel culture”. Only White people could commit genocide on earth for 3000 years while maintaining the “facetiness” to project to others what they themselves continue to do.

    Like

  • “PRIME MINISTER, CASWELL IS NO LAWYER BUT …”

    .. He’s doing a Donald John Trump* on all y’all thinking up a master plan to be president with a coup.. he wants to sacrifice some stupid stupid bajans to stir up mass hysteria on social media for a wild mob to go crazy and enact an insurrection to overthrow Government and are willing to get arrested and do some jail time on his behalf. He has inside knowledge who and where to attack..

    The Injury Pattern

    (*) Donald John Trump is an American media personality, businessman, and politician who served as the 45th president of the United States from 2017 to 2021

    I am looking for 2 posters to feel the spirit and post on the so called religious thread so we can start a new page

    Like

  • Y’all keep stoking. See wuh happen in Amurka?🤐

    Like

  • Keep threatening fowl Slave….keep threatening, nobody want to storm a blighted and cursed sell out parliament..to unleash more evil spirits than what has POSSESSED YALL ALREADY….keep threatening…

    Like

  • ” With print you cannot just delete or change”

    print is one-sided bent propaganda with no option for feedback or criticism just feeding public pure crap

    have your read the Times News there is no news just total spin like a white man

    Екатеринославский бульвар

    Like

  • “stir up mass hysteria on social media for a wild mob to go crazy and enact an insurrection to overthrow Government ”

    are you crazy…that government is ALREADY UNDER WATCH…no one gotta go anywhere or do them a thing….ya should ask them what they are under watch for…..

    they will send out fowl Slave Enuff to DEFLECT…from what is coming at them,..

    all Black people gotta do is SIT BACK AND WATCH…no one gotta lift even one littlefinger….

    Black population DID NOT ROB THEMSELVES of BILLIONS OF DOLLARS….nor did they rob the treasury nor pension fund….NOR ALL THE LOANS signed in their names in the last 25 years…

    Like

  • Our outspoken senator is becoming more and more of a liability to our island. He hallucinates and rambles about mistakes instead of simply rubber-stamping government-drafted legislation.

    Time to send him away to New York as ambassador!

    Like

  • Shitehounds like them, they too love to compare themselves with big countries, small time crooks..

    Like

  • Any Bajan who would have even thought of violently overthrowing the Mugabe regime is already dead.

    There is not a Bajan alive who would even approach such a violent project, except through an election.

    As far as we could recall it was only Sidney Burnett-Alleyne who made some noises about such a thing, and he long dead. This is but a part of the deficit of courage central to the Bajan character.

    Like

  • NorthernObserver

    @Tron
    I suspect Friedrich would be impressed to know he had been referred to, even if posthumously, by you. Yet Übermensch goes well beyond mere correctness, but into the realm of Supreme beings. Such as our vaunted leader. In modern parlance Superpeople he/him/she/her/they/them, to be all inclusive [not like Sandals].

    Like

  • Come to Barbados, we got a needle waiting for ya…vaccination tourism……🤣🤣😂😂

    Pacha…there is NO need to overthrow anything….Fowl Slave Enuff is trying to STOKE FLAMES….the slave better watch it dont get burnt to a cinder…if they are worried about their crimes against Black people, they need to MAKE THINGS RIGHT….but don’t send out their little slaves and think they impress anyone.

    Like

  • Don’t for one minute think i didn’t hear what alyuh planning….yall like to mimic too much…clowns on display…

    ….next time that Fowl Slave appears…pelt SOME BOULDERS AT IT……😂🤣

    Like

  • @Miller
    yours@4.30pm March 30

    Been there, didn’t rub the statue, loads of tourists each wishing for luck and lovers or lovelorn confessing their love/hope on pieces of parchment that they attach to a wall (as I remember), also some faux Juliet appearing on the balcony.

    Like

  • Hal Austin

    At 3:17 p.m. you asked:

    “ Is Caswell right to question the legitimacy of the emergency law, then ask the public to obey it? What do you think?”

    I believe that the Covid-19 are unconstitutional but in our system only a court of law can make that determination. The matter would have to be tested in court and because I am not a lawyer, I would have to retain one to act on my behalf and that cost money that I don’t have. If I encourage others to disobey and those persons are arrested and taken before an overzealous magistrate, would you serve the time for them? You have the luxury of living in England where the courts work. In Barbados, anyone who challenges the law might have to wait years for a decision.

    I brought a case against the Government for a union member when I worked at NUPW eleven years ago. We won in 2010 but the Government aided and abetted by the court have tried every manoeuvre to avoid paying compensation. That matter is still before the court all like now. When I get some faith in the courts, I would advise people to file cases.

    Liked by 1 person

  • David,

    I responded to Hal Austin but the comment did not appear.

    Like

  • @NorthernObserver March 3, 2021 3:35 PM “… I was known to read daily…literary compilations by one known as Dr.Seuss. These included for sure The Cat in the Hat, Green Eggs and Ham, Oh The Places You’ll Go, Fox in Socks, One Fish-two Fish-red Fish-Blue Fish, my personal favourite ‘Oh Say Can You Say’ … learning that some of these titles have been banned for unspeakable reasons…”

    Why are you worrying? I read those Dr. Seuss titles to many, many children, my children and other people’s children. You can rejoice because you ane I will still be able to read The Cat in the Hat, Green Eggs and Ham, Oh The Places You’ll Go, Fox in Socks, One Fish-two Fish-red Fish-Blue Fish, my personal favourite ‘Oh Say Can You Say’ to our great grandchildren.

    However his estate had decided that “And to Think That I Saw It on Mulberry Street” “If I Ran the Zoo” “McElligot’s Pool,” “On Beyond Zebra!,” “Scrambled Eggs Super!,” and “The Cat’s Quizzer.” will no longer be published. I notice that you did not mention those. In fact they were never very popular perhaps for the very reasons his estate has decided to stop publishing them.

    If you want to read a really good kiddie book try “A Snowy Day” / by Ezra Jack Keats

    And for yourself and family, just published last month “How the One-Armed Sister Sweeps Her House: A Novel” / by Cherie Jones. Jones is Bajan.

    Liked by 1 person

  • “I brought a case against the Government for a union member when I worked at NUPW eleven years ago. We won in 2010 but the Government aided and abetted by the court have tried every manoeuvre to avoid paying compensation. ”

    that’s what they do, that’s why they have to be dealt with…they can fret as much as they want, but they continue to violate BLACK PEOPLE ONLY…human rights…..and they are signatory to international laws where those rights must be observed as reflected in the law…..they have never stopped breaking human rights laws as it pertains to Black people.

    let them sit there rubbing their hands thinking someone is going after them…nah, they will chase themselves.

    Like

  • They better do something about those judges….there goes why they don’t want judges to have accountability re integrity legislation…

    Like

  • The outspoken Senator is providing legal advice here. As far as I know, only lawyers are allowed to give legal advice to other people. The outspoken Senator is no lawyer.

    What does the Barbados Bar Association say about this? AG to the rescue, please!

    Like

  • NorthernObserver

    @SS
    the cancelled titles were due to “racist imagery”, after a lengthy self review by the publisher/estate. There are so many titles, and I read so many, I cannot recall if the cancelled ones were included in those I read. Hence my apology.

    Like

  • @ Caswell

    I fully understand what you have said. That is why I called for a Judicial Review, which you appear to agree with. The next step therefore is to find one of the 1000 odd lawyers admitted to the bar in Barbados to act for you, either pro bono, or for a fee.
    If pro bono, great, if for a fee, then we can crowd fund any such legal action. I will contribute towards that. You also mention the apparent conspiracy between the courts and politicians. Barbados is a small place and there is no real separation of powers; politicians and lawyers all know each other..
    Any Judicial Review that starts in Barbados will end up at the CCJ. We must challenge the legal powers of this authoritarian government.
    It is one reason why I have called for a legal fund to meet such costs.

    Like

  • It is a mistake to presume Mugabe is any more authoritarian than Barrow, Adams, Stuart or any body else who was or will be prime minister of Barbados.

    By now we should have arrived at the conclusion that authoritarianism is systemic and not bound up in any particular personality cultism.

    Even Caswell Franklyn, should he by some miracle becomes PM, this same argument will be made from some quarters.

    Like

  • That’s the problem on the island and has always been, getting LAWYERS WITH BACKBONE to stand up for the rights of THE BLACK POPULATION and against this level of JUDICIAL TYRANNY…

    No Black person in Barbaodos should tolerate government/judges who REFUSE to ADHERE to international law, refuse to HAND DOWN DECISIONS…even after you win a case THEY REFUSE to bring closure so as a Black person you get NO COMPENSATION…

    the elderly and others have experienced this FOR DECADES….while the negros sit patiently and wait for them to die……no elderly person should be waiting over 10 YEARS for a case to be completed or decision to be handed down, because the judge is taking bribes from an insurance company NOT TO END THE CASE….

    the ICBL case shows HOW THEY ALL OPERATE…

    the judges who are known to be corrupt get FROM TAXPAYERS:

    a handsome monthly salary
    a mercedes car with driver
    at some point someone mentioned a housing allowance.

    so why would they take BRIBES to keep the backlogs at the court intact and NOTHING MOVING……violating BLACK human rights.

    Like

  • Caswell et al need to start the process to create the fund to fight these black face demons on the world stage, they will get the support, just find the person to start it on everyone’s BEHALF…i would definitely contribute to this fund…..and so would many THOUSANDS OF PEOPLE i have access to….this is not any quality of life you can pass on to your children and grandchildren…..THESE CRIMINALS IN THE JUDICIARY MUST BE STOPPED…

    we have spoken about it for more than enought years…IT’S TIME TO ACT.

    Like

  • @Pacha

    You know what Churchill is claimed to have said- democracy is the worst form of government except for all others. We should not allow ourselves to be deluded by the ideologues.

    Like

  • Yes David
    These sustained and misguided criticisms of Mugabe are merely political oppositionist in character.

    They fail on the merits when they refuse to connect to the general political culture, history.

    But we must remember who Churchill was to understand the inherent limitations of his mouthings. He could not have understood democracy as an economic system having very little to do with politics. Certainly for him the “sand niggers” of West Asia had no rights a White man had to respect.

    Like

  • @ Caswell Franklyn March 3, 2021 8:19 PM
    “I believe that the Covid-19 are unconstitutional but in our system only a court of law can make that determination. The matter would have to be tested in court and because I am not a lawyer, I would have to retain one to act on my behalf and that cost money that I don’t have. If I encourage others to disobey and those persons are arrested and taken before an overzealous magistrate, would you serve the time for them? You have the luxury of living in England where the courts work. In Barbados, anyone who challenges the law might have to wait years for a decision.

    I brought a case against the Government for a union member when I worked at NUPW eleven years ago. We won in 2010 but the Government aided and abetted by the court have tried every manoeuvre to avoid paying compensation. That matter is still before the court all like now. When I get some faith in the courts, I would advise people to file cases.”
    ++++++++++++++++++++++++++++++++++++++++++++++++

    Oh dear!! What a revelation!!

    As a highly respected reliable honest servant fighting in the army for Justice for the ‘ordinary’ man or woman driving on the Forde’s Road ZR to Clapham Heights in the People’s republic of Barbados, we are surprised you have not realized what right or wrong act of Treason you have committed.

    You, inadvertently, played right into the hands of Hal Austin just to reload his gun with the ammunition you just provided to shoot at his favourite target marked: Barbados is a “Failed” state.

    For he, Hal Austin the almighty Polyphemus, would argue and quite justifiably so, that the bedrock of any ‘normal’ functioning state must be the integrity and effective functioning of its Judicial system; especially its criminal justice subsystem.

    In the absence of the fair and ‘reasonably’ timely discharge of justice to anyone living in that state, then it is morally and intellectually justified, on that acid test alone, to consider that state to have ‘Failed’; like Barbados whose ‘Government’ over the years has been ‘notoriously’ known for breaching its own Constitution ad nauseam.

    A constant breach which has le(a)d to an inevitable bifurcated state called “Two Barbadoes”; or even three to represent its broken insignia of national ‘Injustice’ as we await the outcome of those events which resulted in the recent death of Ezra (black) Moses whether involving the breaking of the Covid protocols or no protocols.

    Like

  • It’s either Caswell speak out now or his children and grandchildren will be subjected to the same judicial tyranny as 2 generations before them have, just as everyone else’s will..

    .. the Bar Association is a revolving door of criminality within a clique…when one DIES ANOTHER TAKE THEIR PLACE…continuing abuses against claimants underterred.

    ….either we start the process to bring down these HUMAN RIGHTS ABUSES and ABUSERS working AGAINST the best INTEREST of Black/African people in Barbados or ALLOW IT TO CONTINUE……it’s your choice.

    Many of us can REMOVE OURSELVES from Barbados’ corrupt slave society, but it will be a while before most can, and the others will have to stay….

    Like

  • Caswell is no Nelson Mandela and Austin is no Winnie.

    They are political beasts working the angles like populism.

    Give them a wide berth like Covid.

    Ignore them and they will go away.

    Resist the Resistance. They were pushed away for a good reason (such as a broke ass bankrupt nation).

    Freedom fighting is for equal rights truth and rights human rights

    Don’t let hypocrite scum hijack the cause for twisting truths like USA UK Israel do.

    Like

  • Caswell Franklyn March 3, 2021 8:19 PM #: “I believe that the Covid-19 are unconstitutional but in our system only a court of law can make that determination. The matter would have to be tested in court and because I am not a lawyer………… ”

    I attempted to raise that point a few days ago, on three different occasions, but remained hesitant to do so for certain reasons. BU has a ‘high regard’ for Mr. Franklyn and to question his comments often provokes the ire of contributors. However, I’ll raise it now, since Mr. Franklyn has done so himself.
    My assessment was from the perspective that, although oral evidence should be relevant and sufficiently reliable to be admitted at trial, for example, it also has to be examined and crossed examined.

    Based on his interpretation, Mr. Franklyn has reason to believe the COVID-19 emergency laws are unconstitutional.
    Similarly, I also believe his interpretation must be tested in Court as well, so as to determine its accuracy, regardless of whether or not he is a lawyer. Until then, it isn’t enough for us to assume he is correct. And, we haven’t heard an opposing argument from the ‘other side,’ e.g. the Attorney General.

    It is unfortunately, Jeff Cumberbatch no longer contributes to BU. Situations such as these require some level of objectivity, which perhaps could have been gained if BU had reached out for comments from at least two unbiased lawyers with opposing views.

    Like

  • Caswell is on a hiding for nothing as Governments and Parliament are not subjected to Courts of Law as they are a branch of Government and are subjected to Ombudsman who can only rule on misfeasance. Also Tort law means Caswell has no Locus Standi or legal standing unless he can prove damages he himself has incurred. The only legal remedy if a case was proven would be the reversal of lockdown with no financial compensation anyhow. Best advice is to knock it on the head.

    Like

  • The Board of the National Insurance Department submitted a report to the Ministry of Finance last week to be recognised as a statutory corporation.

    Currently, the organisation which oversees Barbados’ social security scheme functions as a department within the Ministry, severely hampering its ability to make certain strategic decisions, says chairman of the National Insurance Scheme, Leslie Haynes, QC.

    https://www.nationnews.com/2021/03/04/nis-board-making-statutory-bid/

    Like

  • (Quote):
    Haynes said in 2020, the NIS paid out over $155 million from 50 000 unemployment claims. Of that amount, there were approximately 38 000 individual claims, but 4 000 did not qualify for assistance. He said the NIS had to make changes to processes to ensure people were paid both unemployment and severance claims with alacrity. (Unquote).
    ++++++++++++++++++++++++++++++++++++++++++++++

    The above revelation regarding the “50,000 unemployment claims” is ‘objectively established’ quantitative proof that the unemployment rate in Barbados is far higher than the approx. 18% recently revealed by an academically-trained member of the Cabinet responsible for economic affairs in collusion with the deafening silence of the Guv of the CBB.

    The total labour force in Barbados as reported to World Bank in 2020 was approx 147,340.

    Assuming that the ‘large’ majority of that 50,000 unemployed souls have not yet returned to be active participants in the Bajan labour the unemployment rate at the end of 2020 ought to be in the region of at least 34%.

    And this figure of 34% (approx) does not reflect the ‘more than 10%’ as officially reported by the CBB prior to the pandemic hurricane which hit the Bajan workforce.

    This is really a rather serious situation for the social and economic wellbeing (and fiscal stability) of the country if we take into consideration the congenital scar of the “Voluntary Idle” normally reported in the region of 75,000 unregistered unemployed or underemployed members of the Potential labour force out of a total population of approx. 290,000 with an additional 80,000 on the importation horizon and expected to arrive any time called ‘Soon’.

    Like

  • This is an opportunity to work on the criminality dealt out to claimants through the judiciary and its officers….if everyone is to get justice from that pit of vipers.

    Like

  • @Artax
    It is unfortunately, Jeff Cumberbatch no longer contributes to BU. Situations such as these require some level of objectivity, which perhaps could have been gained if BU had reached out for comments from at least two unbiased lawyers with opposing views
    +++++++++++++++++
    I’m not a conspiracy theorist but I believe that Jeff’s elevation to the bench from academia warranted some suspicion, but I concluded that it was akin to doing the right thing for the wrong reason. Although Jeff never obliquely criticized this or any Gov’t his critique of the shortcomings of existing or proposed legislation provided much insight and clarity to many people e.g. “The Integrity in Public Life “, they also gave some discerning folks much to ponder but his judicial appointment in effectively silenced him.

    From a distance It appears that the PM’s strategy is to lure any critic or potential critic into the arms of the Gov’t; why is Commissiong an Ambassador? Why did Prescod lose his job only to be named to a make work position after he publicly said he was going to “talk” whatever that meant? Caswell has reported that he was offered a lucrative position in Gov’t but he turned it down, was any such offer a bribe to silence him?

    Under Arthur it was called the politics of inclusion, under Mia it is more subtle

    Like

  • @Miller

    Is it true to say multiple claims might have been presented by one person?

    Like

  • It’s quite telling when an attorney writes a letter to a judge via the office of the Registrar enquiring about the status of a client’s matter…..since last summer…and neither the judge nor the Registrar has the decency to acknowledge the letter let alone deign to reply.

    Like

  • “Leslie Haynes, QC.”

    these types are ALSO accused of being primary in instigating the backlogs at the supreme court…where cases NEVER FINISH..and the system remains stagnant and unmoving for decades.

    Like

  • @ArtaxMarch 4, 2021 9:01 AM

    “Similarly, I also believe his interpretation must be tested in Court as well, so as to determine its accuracy, regardless of whether or not he is a lawyer.”

    I see it quite differently.

    Our courts are not allowed to review the constitutionality of the emergency legislation because this legislation is the new, sole and revolutionary constitutional law. The emergency legislation gives our Prime Minister absolute power and exempts her actions and person from any jurisdiction. Our Prime Minister herself is the supreme judicial authority on all matters of emergency legislation.

    A regular justice who decides on the constitutionality of emergency legislation not only breaks the constitution, but actually commits judicial perversion for obvious overstepping of jurisdiction.

    My view of this is also fundamentally democratic. We must resist the tyranny of the oppositional minority and help the majority to win.

    Like

  • @ Tron

    Sometimes you say the right things in jest. You are right about the court and its constitutional duties. The institution to oversee the emergency legislation is parliament; but our parliament is flawed with a 29/1 majority for an authoritarian leader, it makes Lord Hogg’s dictum of an elective dictatorship true.
    The emergency legislation transfer power from parliament to a parliamentary sub-committee, which in turn gave the prime minister absolute power.
    The only way in which the government can be challenged is a Judicial Review, ie the process, rather than the Act itself.
    But the attorney general himself seems unsure of this. He was asked the last time he appeared on a CoVid press briefing if some had a family court visitation right which the emergency legislation threatened what should that person do.
    In his giggly way, the attorney general avoided the question. My submission is that he did so because he was not sure.
    By the way, the main weapon in an advocate’s tool box is talk, if that is so, Leslie Haynes QC is one of the most inarticulate lawyers I have ever had the good fortune to hear.
    He needs lessons in public speaking. (the president could give him lessons).

    Like

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