Difficult Conversations – Correcting the Record

I spent the past year trying to get a legal request (or claim) through the Barbados court system.  I had my final hearing before a Judge on 12 May 2021.  It was an interesting experience that I will share, now that the case before the High Court has ended.

The day after the final hearing, I was contacted by some news outlets for my reaction to the Judge’s decision.  I explained that in deference to the Attorney General of Barbados, I would prefer that he be given the opportunity to respond first.  I would happily and willingly respond after that.

FAKE NEWS.

The press interviewed the Leader of the Opposition.  Based on that interview, the press reported that my claim was dismissed, or thrown out.  That is fake news.

The facts are that at the hearing, the judge clearly stated that the only request that she was going to grant was mine.  Further, the only requests that the Judge explicitly dismissed, or threw out, were those made by the Leader of the Opposition, and the Attorney General.

I informed the press of these facts, and expected them to correct the news record.  They have not.  To ensure that there is an accurate historical record, I plan to write a few articles on the case.  This first article addresses the first dismissal at the hearing – that of the Leader of the Opposition.

MAKING A CLAIM.

My claim was about getting the Supreme Court’s interpretation of a section of the Constitution of Barbados.  The specific section is 74 (2), which describes the method that the Governor General should use when appointing a Leader of the Opposition.

Whenever a person wants to make a claim about the Constitution, the person that must defend that claim is the Attorney General.  As the person who made the claim, I am called the Claimant.  The Attorney General, who must defend the claim, is called the Defendant.

When making a claim, the claim documents must be filed at the Court’s Registry.  Then a copy must be served on (or given to) the one listed as the Defendant.  This I did on 10 July 2020.

INTERESTED PARTIES.

Since the Governor General and the Leader of the Opposition had interests in this matter, I subsequently served (hand-delivered) copies of my filed claim to them.  I also encouraged them to submit their interpretation of section 74 (2) of the Constitution, to the court.

A hearing before a judge was scheduled for 19 October 2020.  On 16 October 2020, the Leader of the Opposition (through his attorney) filed an application to make a submission.  During the hearing, the Judge explained that she was promoted to the Court of Appeal, and that another Judge would be assigned.

DELAYS.

We had a hearing on the 3 February 2021 before the assigned Judge.  The Leader of the Opposition asked to make a submission.  The Judge gave him a deadline of 3 March 2020 to file his submission.  The judge also gave the Attorney General and I, a deadline of 22 March 2021 to respond to the Leader of the Oppositions’ submission.

With the Leader of the Opposition’s submission out of the way, the Judge then gave the Attorney General and I a deadline of 12 April 2021, to file and exchange our submissions.  A final hearing was then set for 12 May 2021 to resolve this matter.

MISSED DEADLINES.

The Leader of the Opposition not only missed his deadline, but he never filed a submission.  During the final hearing on 12 May 2021, the Judge noted that he had not filed his submission.  The Leader of the Opposition responded that he intended to ask for an adjournment.

The main role that the Leader of the Opposition played during the court case, was to waste everyone’s time.  To her credit, the Judge dismissed the Leader of the Opposition’s intent – before he could frustrate the system any further.

A glaring problem with our Judicial system, is unconscionable delays by lawyers.  If lawyers do not have the time to give a professional standard of service to each of their clients, then they probably have too many of them.  They should stop taking more clients, and employ competent staff to share the load.

In my next article, I shall describe the dismissal of the Attorney General’s request.

Grenville Phillips II is a Chartered Structural Engineer. He can be reached at NextParty246@gmail.com

15 comments

  • Greenville I agree with you on this one, however your flogging a DEAD HORSE JUDUCIAL system and most of us know flogging a DEAD HORSE is a WASTE of TIME. Barbados as a country has fallen into a TURD WORLD dictatorship from a once member of the worlds most prestigious hertiage, the United Kingdom. Greed, imcopetence, nepotism has no equals in FAILED STATES.

    Like

  • Willy Coyote

    And the creation of the second Deputy of Commissioner position for Oral Williams, and then claimed that other islands in the Caribbean have more than one Deputy Commissioner, is a prime example of political nepotism. Because it wasn’t a secret where Mr. Williams political loyalty lied, when he was the Acting Deputy Commissioner of Police under the DLP tenure, but subsequently lost that position to his junior.

    Like

  • Dopey

    You just said that the new deputy was robbed of the top position by the last admin

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  • John2

    You meant that the Prime Minister lied about the Deputy Commissioner of Police Oral Williams appointment, and when confronted with the facts regarding his appointment by Caswell Franklyn, she retracted her position regarding his appointment.

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  • @John

    You have to ask yourself the question why does an island the size and population of Barbados needs two Deputy Commissioners of Police?

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  • @ nextparty 246

    YOU ARE DEALING WITH DEMONS AT THE TOP.

    THE MEDIA IF WHAT YOU HAVE EXPLAINED IS FACT HAS OBVIOUSLY SOLD OUT AND IS NOT WORKING IN THE BEST INTEREST OF THE PUBLIC ON THE 2 x 3 ISLAND.

    AS MUCH AS I DETEST TRUMP BARBADOS CAN NOW BE TRULY DEFINED AS A CORRUPT INEPT SHITHOLE ISLAND.

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  • Brother, why are you wasting your youth experimenting with IDEALISM, when you could have gotten one of those sweet deals from the PM with all the perks,like your drinking buddy Neval Greenidge aka Tracksuit Top.

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  • Brother, a lot you all guys are going about this Political Game the wrong way because you all believe that you all academic pedigree alone is enough to aroused the collective conscience of the Nation. But Brother, you must first, established a proven track-record of service to the society, before you even start to think about dipping your foot in the political water.

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  • Brother, that proven track record is analogous to the Army Officer who has to prove himself from the rank of Second- lieutenant; First-Lieutenant; Captain; Major; Lieutenant-Colonel; Colonel; Brigadier General;Major- General; Lieutenant-General and Four- Star-General.

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  • Brother, that proven track record is analogous to the Army Officer who has to prove himself from the rank of Second- lieutenant; First-Lieutenant; Captain; Major; Lieutenant-Colonel; Colonel; Brigadier General;Major- General; Lieutenant-General and Four- Star-General.

    xxxxxxxxxxxxxxxxxxxxx

    IDIOT ARE YOU CALLING FREUDAL STUART OR MIA MOTTLEY IN THE SAME CONVERSATION AS WHAT IT TAKES TO GO UP THE ORGANIZATIONAL CHART TO BECOME A 4 STAR GENERAL.

    WHEEL AND COME AGAIN.

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  • Baje

    I really know little of Stuart and perhaps he was deep in the trenches unknown to me back in day, but Mia Mottley have been in the public eye for a very long time.
    Nevertheless, try not to equate competency with time in service Sir …

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  • Baje

    As a soldier, I have served under competent and incompetence commanders, but both competent and incompetent commanders, did the heavy lifting to get into their positions of leadership. And that is the point I am trying to emphasize here, you just do not step into a position of leadership, there is a process one has to undergo in order to get there.

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  • Baje

    Experience is the best teacher, it is a sound principle. And this sound principle reminds me of the philosophical battle between the idealist and the realist/ pragmatist.

    Like

  • Baje

    Here my final point on this issue: an aspiring candidate for political office, who brings his academic pedigree and and idealist vision alone, is analogous to a man or woman who brings their good looks alone to bear upon a romantic relationship.

    Like

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