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In recent days Attorney General Dale Marshall has been in the news relating to several matters. Two items piqued the blogmaster’s interest.

In summary he said he had been following the issue concerning the wall at Joe’s River in St. Joseph, the constituency he represents. And that he was forced to decline public comment on the matter because future developments may involve aspects of his ministry.

See relevant extract of Attorney General Marshall commenting on the issue.

The other issue was Marshall commenting on the lack of complaints raised by the Barbados Bar Association against judges who have been persistently late handing down written decisions. 

I can tell you I’ve had meetings with the Bar Association – and I supposed I may be unpopular for saying this – but I genuinely felt there were some instances where the Bar ought to raise complaints against persistently delaying members of the judiciary.

Attorney General Dale Marshall

In the first matter Marshall asserts that he must suppress first responsibility of being member of parliament for St. Joseph by withholding strident vocal support for constituents protesting the Joe’s River matter. One can reasonably argue it is the correct position taken by Marshall to avoid prejudicing the matter should it escalate to the Attorney General’s office for review. 

In the other matter Marshall felt no need to contain himself when he publicly voiced frustration at the inaction of the Barbados Bar Association for being intimidated by delinquent judges. Members of the public could legitimately question the integrity of the judiciary given Attorney General Marshall’s admission. The more pertinent concern as his further comment supports.

…the response that was given to me unofficially was that nobody wants to bell this particular cat because if you complain, you feel there are going to be recriminations, if not from the same judge, then from other judges…

Attorney General Dale Marshall

We have a situation of Marshall apparently absolving himself of his responsibility as policymaker. If a judge is deemed to be delinquent this should be seen as a performance matter and disposed of accordingly. If the existing law in some way prevents the Chief Justice from exercising disciplinary action, then change the law Attorney General Marshall notwithstanding the shield given to judges under the Constitution.

How can a government elected to govern remain supine in the face of incompetence demonstrated by a few judges? There is no reason why Attorney General Marshall should be reminded of the maxim, justice delayed to the people is justice denied.

See relevant link

What is the role of the Attorney General?

On a related matter for Attorney General Marshall because of John Citizen’s inability to access information in the absence of freedom of information laws.

The government abandoned the road at Six Mens means the bridge will be permanently raised so that the parcels of land acquired by the government can be sold off. They have already started a bypass road from Colleton to Maynards – no consultation!


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78 responses to “A Conflicted Dale Marshall”


  1. The direction that the story has taken is not surprising. Walls and gates are usually built to prevent access.

    Any concession would have been temporary and would have been quickly eroded/erased over time.

    The AG may move off the ‘sidelines’ but do not be surprise if the direction is away from the citizens.

    I will provide broader comments on these stories when back at the news desk.


  2. It appears that the policy of “say nothing, do nothing, wait and it will go away” is no longer working.

    The attention span of Barbadians is on the increase. People have not for gotten the IDB survey fiasco. This Joes River situation shows that doing nothing by sitting on the sidelines will fool only the faithful.

    Now is the time to make a single statement to the nation ‘Unlimited beach use is a right. Property ownership will be respected but creation of private beaches will not be tolerated. Every grain of sand will be touched by Bajans’ feet.’


  3. The rejection of the offer by the developer by the Claimants cannot be described as doing nothing. The group is going to Court which is the first step in the advocacy process. If this fails maybe …


  4. It bothers me that an idiot with or without money can land in Barbados and start pushing around the smartest people in the world; people who punch above their weight on the world stage cannot find a path to a local beach.

    Let me end here before they find my cave near the beach.


  5. “The group is going to Court which is the first step in the advocacy process.”
    Why you do da?
    You wanna get me lokkup?
    Me, I ain’t gonna say nothing against de court.
    A judge already had a bite o de apple and said “keep wha ya got build dey”
    AG come out saying “he on de sidelines”
    A fool like me know how de ball gun bounce. Me on the sidelines too.
    Nuff people gun get them feelings hurt.
    The only good thing is that nicely worded bullshit will be read to them.
    Hopefully, it will be on a day full of sunshine so that they know it is not rain.

    See what ya do.
    I was supposed to say nutting.
    Can I say I was hacked here or should I wait for my next post.
    I dun.


  6. The developers built based on permissions given by TP. We have nobody blame but ourselves.

  7. de pedantic Dribbler Avatar
    de pedantic Dribbler

    @David, the hand wringing tho understood is still quite amusing. REGARDLESS of any and all statutes or regulations established by the House (and or Bar) there is and forever has been the simple dictum: caveat emptor!

    I know that although Latin is now called a ‘dead language’ yet everyone here and most beyond know EXACTLY what that means … so in line with what the blogger @Theo speaks to in his 9:47 note and particularly with the pervasiveness of our 24/7 info availability/overload of social media WHY is the matter of crooked lawyers EVEN a concern!!!!

    It’s PUBLIC knowledge and can be shouted from the roof tops DESPITE any tip-toeing by the lawyers’ association!

    Good lordie, I am well over 50 and knew for ages that there were dishonest lawyers stealing people’s money and real estate although I never had your excellent ‘lawyers’ mugshot role call’ as a guide.

    Simply stated (and as respectfully as I can say it) ANY Bajan at home or abroad who still gets scammed by a convicted lawyer is either mentally distressed, a relative or very close friend of said attorney or wants to launder some money!

    Fah real.


  8. The developers built based on permissions given by TP.
    ~~~~~~~~~~~~~~~~~~~~~~
    What TP what??!!
    TP is just a front for the obvious bribery involved.

    Do you know that most of these contentious ‘permissions’ are given by the MINISTER personally – and that this includes ALL beach type applications?

    That ‘ministry’ is the PM’s office.

    Pick sense from that…


  9. @Dee Word

    Understand your point but you ascribe too much credit it the majority of citizens.


  10. @Bush Tea

    Looks like the wacker had a good service?

  11. de pedantic Dribbler Avatar
    de pedantic Dribbler

    No @David … here the word “ourselves” is NOT reasonable … we have a Town Planning Dept. to represent us/the nation on such matters. That we have seen crass, corrupt actions from the leaders of that govt office and their political masters cannot be blamed on the electorate (ourselves). No sir!!

    You are informed enough to recall the massive (similar) issues under Chief Town Planner Lennie St. Hill … he was one of the most vocal on such matters and thus since then we have become more aware of their quite overt politicization.

    It is incredulous to perceive that ANY developer (external or internal) would be UNAWARE of land use/right of way laws and how they impact any development; generally, development cannot block previously used public access-ways … so why would any SANE person want to WASTE time and money with these back and forth negotiations and not have all matters properly resolved INITIALLY !!!!

    So let’s get real and accept that Town Planning screwed up with this approval process by not clearly and specifically demarking what HAD to be public access rights; let’s also accept that the Josephians’ rep Dale doubly screwed up or was complicit in this nonsense in some unsavory way as he WOULD have KNOWN of the planned development and should have ENSURED all pubic access rights were properly preserved for his constituents.

    … this makes NO SENSE if one looks that this rationally … these public access issues are CLEAR (and we have fought them down in Holetown years ago and at Paradise to name but TWO) … so explain to me WHY we are being fooled into perceiving that this is a real matter and not a modern day viral sensation for someone(s) money spinning boondoggle.

    I wouldn’t be surprised to discover that the developers have been SHAFTED royally by lawyers, the pols and the complicit Town Planning minions … but then again ‘caveat emptor’ applies to them even more bigly… so shame on them for being cha-ching patsies for our Bajan mafia!

    I gone.


  12. @Dee Word

    If has been the case for eons the TP is sleeping on the job deliberately or otherwise what should WE do?


  13. The comments are not appearing chronologically and I almost missed the excellent contribution of dpD.

    However, like the blogmaster there is some blurring of his lenses. Cataracts???

    I long for the day when these two gentlemen add these few words to their vocabulary and mindset … Sham, scam, incompetence and corruption.

    Lacking these few words forces dpD to end his excellent piece with the wrong conclusion…. He sees the shaft as going to the developer.

    My dear friend the shaft is headed our way. Don’t you dare think the citizens are getting the lollipop. Words to the wise … Stock up on Vaseline.

    Repeat 50 times… sham, scam, incompetence, corruption.


  14. “It is incredulous to perceive that ANY developer (external or internal) would be UNAWARE of land use/right of way laws and how they impact any development;”
    ~~~~~~~~~~~~~~~~~~~~~~~~`
    Dribbles..
    Most external developers are actually UNAWARE of the issues….
    However, ALL of the local lawyers to whom they turn for advice are FULLY AWARE… and they also know how to extract maximum $$$ from these opportunities…. and they do!

    Wunna may be thinking that this matter going to court is a waste… but do wunna know the HOURLY rate that the SAME shiite lawyers that advised these investors will charge to represent them in the action..?

    Our lawyers are even more wicked than Satan himself….


  15. Oh dear, the BU intelligentsia again.


  16. @David
    The developers built based on permissions given by TP. We have nobody blame but ourselves.
    ++++++
    And who was the Minister responsible for T & P? Don’t answer that one but when the shit hit the fan responsibility was suddenly transferred to Duguid.

    BTW didn’t the AG said that the Gov’t would be on the hook for millions of dollars if it reneged on the permission? Basically, he is saying that the developer has the island by the short and curlies which means that the developer is calling the shots “Heads I win tails you lose”.

    I don’t know why the AG would make such a public statement, but the longest serving AG in Barbados history is no better at his job than he was on his first day.


  17. @Sargeant

    If the blogmaster recalls correctly, the AG said because the developer received permission it was not a slam dunk to ignore said permissions by stopping the development.


  18. I had forgotten all about it but it looks like Joes River is in the news again. Did you remember or were you just like me? They will test your attention span.

    Here is what I wrote in March 2023.
    “Don’t fall for the stall and promise routine. They will add to the existing structure by a brick a year and one year no one will be able to squeeze through the last hole.”


  19. The West Coast is gone and the South coast is hanging on by a sliver, now Bathsheba is under attack. In yesterday’s paper there is an article about a group of residents complaining about new construction in the vicinity of the “Soup Bowl”. The Minister in charge of T& CP has given his approval and there was no mention of the opinion of the parliamentary representative from the area lest he be conflicted.

    First it was Joes River and now Bathsheba, the people are like lobsters in a pot, it is slowly coming to a boil.

    Many hands make light work.


  20. @Sargeant

    Barbados is a foreign investor friendly country.


  21. @ David,

    Such cliche statements annoy me intently:
    “Barbados is a foreign investor friendly country.”

    Call a spade a spade and spell out the consequences of this to the domestic population.


  22. @TLSN

    In the same way your hyperbolic statements do the same?


  23. JOE’S RIVER ‘TWIST’

    By Maria Bradshaw mariabradshaw@nationnews.com

    The High Court case involving access to the historic Joe’s River bridge in St Joseph has taken a twist.

    In a statement to the Sunday Sun, legal representatives for the owner of the land, said the main complainant, St Joseph resident Victor Lewis, in a reversal, testified he was representing himself and not the many citizens of the community who had complained about the supposed blockage of access to the bridge.

    Evidence in the matter concluded on Wednesday before Justice Patrick Wells following two days of testimony. The judge will deliver his decision next month.

    Attorneys Faye Finisterre and Noah Haynes are representing the defendant, Ullswater Investment Ltd, the company owned by Australian millionaire Richard Hines, who also owns Tenby, the property at Bathsheba where the bridge is located. The complainants brought the civil case to prevent him from erecting a guard wall at the mouth of the bridge which they say will block access to the area.

    The representatives stated: “The case concerning public access to Ullswater’s lands at Tenby, St Joseph, adjacent to Joe’s River, was heard by the court earlier this week. After two and a half years of claiming that he was representing his community of Bathsheba and the public of Barbados in claiming a right to wander over private land adjacent to Joe’s River, Victor Lewis, in a complete aboutface, surprised the court and shocked Bathsheba residents by starting off his testimony this Tuesday, the second day of the trial, with a statement that he was representing himself alone.”

    They further revealed that after all the evidence had been heard, attorney Gregory Nicholls, who is representing the claimants, “made a last-minute oral application to amend the claim of his clients, Lewis and Christopher Oliver, essentially withdrawing any claims that they are acting on behalf of Barbadians, and to make it clear that the two of these gentlemen are acting as lone wolves solely on behalf of themselves”.

    ‘A right to pass’

    The representatives stated: “This drastic change in the legal claim means that even if Lewis and Oliver are successful in the 2023 litigation, asserting a right to pass and re-pass over lands of Ullswater at Tenby, then that right would be theirs alone.”

    However, they pointed out that Ullswater Ltd gave testimony indicating there was never any intention to block public access to the “Teacup and Saucer” lookout point, adding this was “consistent with Oliver’s evidence that he only ever visited the privately-owned area over the years on the premise that he had permission of the former owners”.

    They added that “the only other witness, a member of the community, stated to the court that she had no idea offers had been made by the owner to dedicate all the lands of Tenby seaward of the Railway Trace, between Joe’s River and the seashore, to the public and she would not have been in court giving testimony if she had known of such an offer”.

    Nicholls said he has seen a draft of the statement from the defendant’s team.

    “I am surprised by the lack of candour and respect for the court which reserved its decision in their report of the proceedings as if nothing adverse to their case was unearthed at trial. I am not in the habit of cherry-picking what parts of a case may be favourable to my client and running to the press and shout hooray.

    “We are satisfied that the case was well made out at trial, which is that the attempt by the developer to block access to the Joe’s River Basin and to ‘Tea Cup and Saucer’ by erecting two massive walls at the end of the Tenby footbridge, was an unlawful act that blocked the prescriptive right of way over the defendant’s land.

    “The law is clear that a right of way in existence for over 40 years is absolute and indefeasible.”

    The issue of access to the bridge, which is also a tourist attraction, came to light in 2023 when Hines, who bought the property in 2015, proceeded to construct his palatial home, Tenby Villa, including development of the lands surrounding the bridge where he was erecting two guard walls.

    Angry St Joseph residents held protests on the land, claiming it would effectively block access points they had been using for years.

    The aggrieved residents then secured an injunction to halt that part of the construction involving the columns.

    Source: Nation


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