A Conflicted Dale Marshall

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!

68 thoughts on “A Conflicted Dale Marshall

  1. Joe’s River meeting ‘fruitful’
    By Maria Bradshaw mariabradshaw@nationnews.com

    An out-of-court

    resolution seems to be in sight regarding the controversial construction of a wall at the mouth of the Joe’s River Gully.
    Yesterday morning, Attorney General Dale Marshall chaired a meeting at Parliament with several of the parties involved to discuss the muchpublicised situation, which has led to outcries from St Joseph residents and court action resulting in a High Court judge ordering that construction of the wall be temporarily halted.
    Marshall, who is also the Member of Parliament for St Joseph, along with Senior Minister Dr William Duguid, who is in charge of Government projects, met with attorney Gregory Nicholls and Code Haynes, who are representing members of the St Joseph community, as well as Christine Toppin-Alahar who is representing Ullswater, the company responsible for the erection of the wall. Others, including attorney Faye Finisterre and the Australian owner of the property, appeared via Zoom.
    Marshall told the
    Weekend Nation:
    “We had a productive meeting and both sides were able to express their respective positions fully and candidly. There seems to be a path available to a resolution and we ended with Mr Nicholls having to speak to his clients and putting some proposals on the table for consideration.
    “We have agreed to have further discussions in the coming week.”
    Nicholls, who went to court last week seeking the injunction, said they were hoping for a resolution where the rights of the people will not be compromised.
    “Codie Hinds and I met with the lawyers for the developer at a meeting convened by Senior Minster Duguid and Attorney General Marshall today. The meeting was conducted in a frank and forthright way, and we are happy to have the opportunity to once again state that the people of Bathsheba have long enjoyed a free and unrestricted access to the sites and
    amenities in and around the Joe’s River basin.
    “This created a prescriptive right to pass and repass over these privatelyowned lands that has crystallised in law. We heard from the lawyers and understand the position of their client clearly.
    “We discussed ways in which the right of access can be maintained while the landowner develops his property as a worldclass attraction.
    “We made considerable ground and now have to meet with our clients to discuss the potential solutions to this impasse.”
    Without prejudice
    Nicholls added: “All discussions were conducted without prejudice, which means that outside of an agreement, the court matter will continue.
    “We are prepared to do what is necessary to press our clients’ case at trial, but we are prepared to resolve the matter that the rights of the people are not compromised in any way, fashion or form.”
    Toppin-Alahar who is representing Ullswater with Finisterre, called the meeting “very amicable”, adding they were hoping for an out-of-court agreement.
    Ullswater bought the land of the former Edgewater Hotel in 2015 and recently started construction of a villa on the property, now called Tenby.
    However, residents started to raise concerns when they realised that a wall was being built on either side of the Joe’s River Bridge, a public attraction, which appears to abutt and abound lands owned by Ullswater.
    The impasse saw Cultural Ambassador The Most Honourable Anthony Gabby Carter gathering at the bridge with residents and calling for the public access to the gully from the bridge to be returned.

    Source: Nation

    • A valid question has been asked, why did the Joe’s River matter have to reach point that it has?

  2. why did the Joe’s River matter have to reach point that it has?
    Put another way..
    What is the role of Town Planning Department, and who is in charge?

  3. Bushman..
    Put another way, who took money and now cahn open dey mout because it would end up like the gift of a painting…did someone say bribe? To block access to the beach and the painting ended up in the newspapers…hand to mouth…always got hands out..

  4. I read the article and it does not appear that the wall will be removed. This is the only position that citizens should accept.

    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.

    Sometimes I wonder if Barbados has no night. We had a man who came here and cry for years about some bricks in a ‘river’.

  5. I am outraged and I must add this here.
    In today’s epaper, there is an article “Let them go”.
    Here two men were house in the psychiatric hospital for an extended period of time (42 years and 34 years). The article also stated “The courts was informed that no documents, records or information about the men could be found”

    How does The Barbados government (BLP and DLP) lose people who are in their care? Every few days we get a story of someone who is lost in our system, the we hear of the miraculous fixes and soon after a next missing person is found.

    A bunch of empty shirts and pants with big mouths walking around with a clipboard and doing nothing.

    The first thing the hospital administration should do is fire anyone who was working at the hospital for more than 20 years. How could they walk around and see a men in the hospital for 20 years and never asked a question? Are there no feelings, no compassion? Has ever trace of their humanity has been extinguished? Is work just a check.

    Some of you think it is sweet living there, but others are living and experiencing sheer hell.

  6. “Are there no feelings, no compassion? Has ever trace of their humanity has been extinguished? Is work just a check.”

    keep it simple Theo…a GANG of slick talking liars and thieves, who honed their skills of deception for 4 generations…who would hide the identities and historiy of those who look like them for DECADES, to cash in later at the expense of those who have NO CLUE…..

    aka the FAILED wannabes and cash-in artists….we know they possess none of the above qualities you hoped for.. so….in keeping it simple, we can only ask….WHAT ARE THEY NOT CAPABLE OF in the way of evil and conniving..

  7. I come here every morning with the intention to be positive. I may take a swipe at Mia, but I do not consider that as positive or negative, just political spin and a cheap joke. I may compliment Ronnie O, but again that falls within the political spin and a cheap joke spectrum.

    But how can I be positive, when I see that horrors that are inflicted on the poor and the weak in Barbados, People taking advantage of the elderly, advantage of children, of those imprisoned or those in mental institutions? How can I be honest when I see our courts drop the hammer on those who would steal a loaf of bread and pat those who steal hundred dollars on their backs?

    A nation of Pharisees, creating laws that will not be applied uniformly; engaged in lofty and high sounding conversations and at the same time brutalizing and mistreating a segment of the society.

    Their actions and their words are in conflict, they talk like scholars but act like beasts. Forgive me, don’t tell me how sweet it is for you. Show me how you treat your sick and your lame, show me how you treat your elderly and you children. Educated beasts.

  8. “How can I be honest when I see our courts drop the hammer on those who would steal a loaf of bread and pat those who steal hundred dollars on their backs?”

    should read as “How can I be positive when I see our courts drop the hammer on those who would steal a loaf of bread and pat those who steal hundred dollars on their backs?”

    I hope that I am honest. I strive for it. (Even my political spin is honest – based on actual events)

  9. @ TheO
    Thank you for seeing, and for you willingness to call it as it is…
    Bushie admires your ability to do so without resorting to strong language..

    Unlike the bushman who has so far, been UNABLE to resist a resort to terms like shaving cream, brassbowlery and shiite…

  10. Perhaps the lawyers representing the residents should be clear on what they want to achieve with the court’s involvement.
    The best outcome would be for the wall to be removed.
    I wonder if access is being only contemplated for residents of the area. If this is the case what about the rest of Barbados?
    Could government not compulsory acquire the right of way to provide public access and resolve this matter once and for all? If not, it will come up again.

    Ultimately, this shows up the lack of representation by the AG for the people. St Joseph deserves better. It brings to mind a long ago article that the AG should be a non political person, nuetral, one without loyalty to any political party. I wonder which hat he wore in the meeting?

    • From the first report/comment posted first to this blog the two sides appear to be heading for a resolution. We shouldn’t forget the lawyers are acting on a brief from residents/protesters.

  11. @Hants
    The pull of the island and my navel string is strong.

    Can you imagine me returning to Barbados and running into one of those crooked lawyers. Not afraid to make a jail, I take justice into my own hands.

    The whole crooked cabal of judges and lawyers decide “We can’t have that. Other idiots might have the same idea, avoid our sham system and distribute their own brand of justice. We need to make an example of him.”

    The case takes 12 years (I will be defending myself) and they send me to the psychiatric hospital.

    For years, you would be here saying “What became of TheO? He had a big mouth when he was in the US and went silent when he was in Barbados. What a coward?”

    Sixty years later your great grandson hear of some man who was lost in the psychiatric wards of Barbados. All he says is “I’m glad my great granddad is not here to learn of the fate of TheO”.

    I’ll be about 150 years then but refusing to die and please those ‘bastards’,

  12. “Could government not compulsory acquire the right of way to provide public access and resolve this matter once and for all? If not, it will come up again.”

    This comes up EVERY YEAR like clockwork.. since i heard the song about the dead Jack Dear not wanting
    African descended people bathing on the beach…. decades ago…..

    It never goes away, nothing is ever done about it, and everyone forgets until it comes up again the following year, then they grumble…wash, rinse, repeat.

    The problems lie with your traitor governments, always have, always will…they are THE problem and direct cause of all these oppressive disenfranchising tactics.

  13. Pacha….We have noted for decades, that it’s only Black people sit quietly and accept enslavement and now reenslavement…along with the decades of wickedness taking place in Slave Society Barbados.

    ..on that note…the people in UK are setting the ground rules….shut the country down….they will not sit quietly and be enslaved or reenslaved as Black people too weak to know any better would…they will NEVER in 10 million years allow it…

  14. Hants…a buddy in Canada just sent me a video with Gabby talking about the Joes River affair….he said the optics are disgusting and disrespectful and i quote:

    ” Shame on the Government. However, if it’s allowed to continue by the Barbados population, then it’s Shame on Us, as Judge Judy would say.”

    The people must start to take responsibility for allowing reckless corrupt governments to oppress and exploit them without consequences.

    What we have now is a cyclical treadmill…some lowlife bribe paying foreigner dont want to see Afrikan people near the property they got, start the same building walls and moving land marks, the dangerous government pretends they dont know how it happened…belches out when caught redhanded, not bout hey…sounds familar in the IDB affair, lying through their traitor teeth..

    …a post appears about the issue, everyone grumbles, 2 weeks later, everyone forgets, a year later it happens again….and repeat…so where is that taking anyone.

  15. Didn’t the Atty Gen say words to the effect that the Gov’t knew that the “wandering” law wouldn’t pass muster and the Gov’t was drafting laws to replace it? Pray tell then why would he allow trials to proceed or individuals to be detained based on that law? Did he expect the court to dismiss challenges to the law so that he could appear like a white knight to save the day?
    I would call him a clown but clowns may take offense at his inclusion in their midst

  16. A beachside business is denying that it is hampering sea bathers from accessing Brownes Beach.
    Management of Nautilus Ocean Suites and Bayside Bistro, Upper Bay Street, St Michael, said that on the contrary, it welcomed the public.
    They were responding to queries after some people complained about it blocking their access to the popular beach.
    The business originally opened with umbrellas but switched to a tent after the former “were not standing up to the wind”. They said drawings were submitted to the National Conservation Commission

  17. Bushman….dont know what to tell them except that they spent decades SOWING and will now spend longer decades REAPING….dem cahn even outlive it….since they are the ones set all of this in motion…let’s see how well they survive it, within the allotted time.

    The criminal selfhating negro mind is an abomination.

  18. David…
    Frank never said that there were ‘viable or attractive ‘ alternatives.
    His short truism simply speaks of rotating the ‘shit-collectors’ often. The boss Lady seems to support this strategy… LOL

    If there were viable and attractive alternatives then Frank’s whole premise would be flawed.

    • BAR’S REFORM CALL Association ‘seeking automatic disbarment’ of convicted lawyers
      By Maria Bradshaw mariabradshaw@nationnews.com

      A former executive member of the Barbados Bar Association said Government was written over five years ago for an amendment to the Legal Profession Act which would see convicted attorneys facing automatic disbarment.
      “We sent recommendations with a complete revamp of our disciplinary procedures. We recommended it to the Government but we have not received a reply. We also sent recommendations to the Law Reform Commission,” the senior attorney said, while pointing out that the present process for disbarment was not straightforward.
      Speaking under anonymity due to no longer being on the council of the Bar Association, the lawyer revealed that this was several months since the body had made an application to its Disciplinary Committee for the disbarment of convicted attorneys Vonda Pile and Cherraine Parris.
      “We applied to the Disciplinary Committee to sanction the attorneys on the law that exists. What they recommend to the Court of Appeal as the sanction is up to them, but they first have to carry out an investigation. The application is in progress.
      “The challenge is that the Bar cannot apply as of right. We have to apply for leave, that is permission, to file an application to make a complaint. So we’ve done that and that process now would have to take its course. The Disciplinary Committee does its investigation and then reports to the Court of Appeal with any recommendations it may have. The Court of Appeal then makes a decision on what to do,” the senior counsel explained, adding that they were aware the public was concerned about attorneys walking out of prison and back into the courts to work.
      “It has been several months since the Bar has made an application for Miss Pile and Miss Parris. There are others that have to be dealt with but the Bar has not reached that point as yet. We have asked the registry to furnish the conviction orders but we haven’t received those as yet.”
      Bar president Kaye Williams confirmed to the Sunday Sun that applications had been made for the discipline of some attorneys.
      No comment
      “The Barbados Bar Association
      can confirm that the association has made applications to the Disciplinary Committee. However, we cannot comment on the nature of the application or make any further statement on the issue as it is before the Disciplinary Committee and ultimately the Court of Appeal,” she said.
      She added that King’s Counsel Barry Gale and Andrew V. Thornhill, and attorney Laura Harvey-Read, “act on behalf of the Bar in the matter”.
      When contacted, Attorney General and Minister of Legal Affairs Dale Marshall said he was not aware of the Bar’s recommendation for automatic disbarment of attorneys who run afoul of the law, but admitted the present process for discipline could take a long time.
      “There is a procedure set out in the Legal Profession Act for the Disciplinary Committee of the Bar Association to investigate alleged breaches of the code of professional conduct of attorneys. Once the Disciplinary Committee does a hearing, they can then recommend to the Court of Appeal that disciplinary measures and disbarment could be taken against the attorney at law, but there is no role in that for the Attorney General to make an application to have a person disbarred,” he said.
      “The decision to disbar an attorney is not something that is done summarily. It involves a court hearing and in any court hearing there are going to be arguments for and against. Sometimes the arguments are quite lengthy and involved, and the Court of Appeal will take all arguments into consideration and will consider the matter in their own time.”
      He pointed out that anyone could make a complaint to the Bar to have an attorney censored, including clients and other attorneys.
      Pile, who recently came out of prison after spending three years for stealing $191 416.39 from a former client, is facing another charge of stealing $205 481.88 belonging to Patricia Hall between January 11, 2007, and March 16, 2011, as well as engaging in money laundering related to the alleged disposal of the money.
      Parris is serving a four-year sentence at Dodds Prison for stealing $302 000 from a client.
      Last November, attorney Ernest Jackman was sentenced to seven years in prison on theft and money laundering charges, while attorney Norman Lynch, who was also convicted of the theft of thousands of dollars from a client, is waiting to be sentenced.

      Source: Nation

  19. So the learned Atty Gen is complaining that the Bar Association should complain about judge taking their time to render decisions yet according to a former Bar insider the Gov’t hasn’t even responded to their request for an amendment to the law to disbar convicted lawyers.

    The longest serving Atty Gen spitting in the air and it falling back in his face

    Barbados can and should do better

  20. Sorry Sarge.
    “Barbados can and should do better”
    ‘Should’, …..but can’t,
    “Quos Deus vult perdere prius dementat”.

    We have CHOSEN a particular path – which has inevitable consequences.
    The precursor to those consequences is a form of ‘madness’…
    It is where we are.

  21. “Speaking under anonymity due to no longer being on the council of the Bar Association”

    1) Has this lawyer stated anything here where anonymity istruly required?
    2) What will the Bar Association do if a lawyer steps to the podium and says “Crooked lawyers should be disbarred”?
    3) What pressures can the Bar Association bring on a lawyer who steps to the podium and says “Crooked lawyers should be disbarred”?
    3b) What does he fear?
    3c) Who does he fear?
    4) Can you tell me what is wrong with such a statement?
    5)This article makes me wonder if our Bar Association is the local equivalent of the crime enterprise called the mafia?
    Is there a sworn to omerta or do lawyers simply followed it due to fear?

    Perhaps there is a need to have some external agency investigate the Bar as after all it acts like a criminal enterprise. Would this be unprecedented? Can this be done?

    • @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.

    • @Dee Word

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

  22. “Last November, attorney Ernest Jackman was sentenced to seven years in prison on theft and money laundering charges, while attorney Norman Lynch, who was also convicted of the theft of thousands of dollars from a client, is waiting to be sentenced.”

    Here is what I dislike about this sentence “thousands of dollars”. THOUSANDS!

    In a way this minimizes the horror of Norman Lynch’s theft. My friends, it was not tens of dollars or hundreds of dollars or thousand of dollars, it was HUNDREDS OF THOUSANDS of dollars almost 1/2 MILLION.

    Don’t let them (lawyers and the media) water down this half-of-a-million dollar crime to just thousands of dollars and give this big thief a pat on his back. Think of the pain and suffering he inflicted on his victims;
    remember that this crime could throw the family into generational poverty.

    If it takes 11 years to have a verdict on this blatant theft then mr Lynch should have a sentence of at least 11 years or the judge should do the honorable thing and recuse himself.

    The time for games is at an end.

  23. JFK: Some men see things as they are and ask, “”Why?”” I dream things that never were and ask, “”Why not?””

    Have a great day Barbados.
    Each day provide an opportunity for you to shine and write your name on history’s page. Time to change the script.
    Have a great day Barbados.
    Because I love you

  24. Ooops.
    I believe Norman Leroy Lynch is due for sentencing on the 21st.
    Call the judge. Ask the judge to allow a victim impact statement
    Call the courts
    Call The AG

    I don’t usually ask for money, but I am selling these rods ($9.99) to victims of theft by lawyers; the rods can also be used to find justice in our courts. Don’t be cheap and try to cheat me (special coat hangers are needed). Watch from 2:09.

  25. Strange and stranger. I never knew that the land to the sea side of the bridge belonged to Edgewater, formerly Tenby and now Tenby again. I am almost eighty and since I was five or six, we have been using the access to catch crayfish and pick grapes and almonds in what we called the woods. I hope the new owners do not think the land and road adjacent to Edgewater belongs to them. That is government railway land and we have had access since it was built.

    I remember the guy who bought Culpepper lands overlooking High Rock put up a gate, blocking people from entering the beach and parking on the railway land. Well, the locals removed it. He put it up again and it was removed again, at which time Sir Roy (Bathsheba boy), went to the press and asked why a citizen is blocking access to Bathsheba railway land, and if it was sold, why and when was it sold.

    Long story short, the owner never tried to block the entrance again. The new owners of Tenby should remember that.

  26. Is it only Gabby that sees the disgrace in these situations where these foreign entities – who are mostly anonymous brass bowls in their own countries, arrive in Barbados to the impression that, on passing a few favors in the right places, they can take over the old Massa heritage from the plantocracy, and lord it over the best that brassbados has to offer?

    -These new ‘Lords’ must LIVE exclusively on the best beaches..
    -They must command the best views…
    -They must be guaranteed profits – even when everyone else is borrowing…
    -Their views must be prioritized because of their (mostly borrowed) money..

    What does THAT all say about the rest of us…?
    …about our education system..?
    …about our prospects…?
    …about our LEADERS..?

    Bushie finds it VERY difficult to be optimistic, OR to understand why the blogmaster is unhappy with the bushman’s pessimism… 🙂

    How can we sing the Lord’s song in a strange land of brassbowlery?

  27. – Anything less than 11 years for Norman Lynch smells like corruption –
    – No victim impact statement smells like corruption –

    This 2017 article mentions having victims impact statements

    This 2019 post mentions victim impact statements

    Here is what one of the victims said in Barbados Today

    “I truly hoped that Mr Lynch would recognise . . . his wrong of using our money to finance his lavish lifestyle and at least he could feel sorry for a family who trusted him . . . . We are very hurt – my brothers and I, my mother, even our extended family,” she added.

    *** This lawyer has not shown any remorse. This thief has kept mainly silent with his head held high and is just waiting fo his crooked brethren to pat him on the back. The judge need to recuse himself … if the sentence will be less than 11 years.

    “We are ordinary working-class people of retirement age, all three of us. It is just that my father seized an opportunity to better himself and his family when he purchased that property and worked hard . . . and gave it to his children . . . . The only comfort we have is that my dear father did not live to witness this loss. . .

    *** When a victim has to take comfort from the death of a loved one…. things are real bad.

    “It is a very stressful and depressing experience, it is very traumatic, it feels like a nightmare . . . . Many times I wished it was just a bad dream,” Ward said.

    *** Can you imagine living in a nightmare or when bad dreams are preferable to your present circumstance… things are real bad.

    This victim must be heard at sentencing.

  28. @ TheO
    Does your last post not confirm that the victims WERE heard via a victims impact statement to the court?

    The court will now play a series of numbers games with ‘starting points’, and ‘discounts’ for being accommodating, ‘bonuses’ for being a lay preacher, and ‘time off’ for anticipated good behavior….

    Lynch will probably be out and robbing other bowls before his next birthday.

    You ain’t no different to David if you think that any change (or serious punishments) will come from people who, were the FACTS to be known, would likely be standing in Lynch’s shoes….

  29. You are correct. But this statement was given on Monday, May 7 (two weeks in the past). The impact of this statement has been lessened with the passage of time and some may not be aware of it.

    For maximum impact, The statement should be delivered immediately before sentencing. This would make it more difficult for the judge to slap the lawyers on the wrist and just say “Go and sin no more”.

    An opinion: It appears that like other places we may have bells and whistles, but we tweak them so that they lose their effectiveness.

  30. It is a beautiful day in my neck of the woods. I just got up and opened the venetian blinds to let the sunlight in. I can tell it is nippy (cold) outside but from where I am, it is just a gorgeous day.

    Sometimes I struggle on the question of the existence or the non-existence of a God, but a beautiful day is the greatest proof that there is a God somewhere. A beautiful day causes my doubts in God’s existence to flee to the farthest recess of my mind.

    It is beautiful here; and yet, I envy those who are living in beautiful Barbados. For most of you, there is no noise of a furnace (in the background) pushing out warm air to keep you comfortable. You are able to leave your home with a lot less clothing than I would have on if I venture outside. You can get your exercise by jumping over obstacles that limit your access to the beach and then enjoy the beautiful beaches. The Good Lord has been kind to you.

    Well, I am looking forward to March 21; that’s tomorrow. It will be then that the crooked lawyer is sentenced. I will be tuned in to radio stations and reading various blogs to hear what the sentence is.

    Each of us has his/her own yardstick or litmus test. I believe the harshness of the sentence is also an indication of how corrupt our judiciary is. I can hear the lawyers saying “Theo is an idiot. He has no knowledge of the sentencing guidelines used in Barbados”.

    My counter “You have knowledge of sentencing guidelines but you have imprisoned the sick and petty criminals without trial for decades. Your justice is not blind. Lady justice distribute her favors in much the same way a harlot does. She looks at who is in front of her and then smiles or frown at them depending on their circumstances. Get thee behind me, Satan.”

    Back to my 3 points.
    1) If unable to dispense true justice this judge should recuse himself
    2) A light sentence should speak volumes to the Barbadian public on the state of our judiciary.
    3) A heavy and harsh sentence would be an indication that Lady Justice is blind and on duty.

    I am wondering if sentencing of these corrupt lawyers should taken out of the hands of these judges and be be done by some secret tribunal (of honest men and women) after hearing the victim impact statement.

  31. One play that I loved and enjoyed was Shakespeare “As you like it”. There was one phrase that I found powerful and motivating “Sweet are the uses of adversity” but today I am wondering if this wasn’t telling me to accept my state and lulling the warrior within me to sleep. Education or indoctrination?

    “Sweet are the uses of adversity”.
    Could it be possible that we will become a leaner and fitter nation as we have to hurdle obstacles imposed by “land owners’ to prevent our access to the beaches? Pushed to find our way through the worst path to the beaches our sense of balance will improve as we slip and slide our way to the beaches; I can see how alert your senses become as we dance our way through cow-itch and “pimplers”.

    Perhaps we should be thanking these land owners, embracing them as national heroes and encouraging them to continue their yearly fight to stop us using the beaches. Sweet are the use of adversity.

    Have a great day Barbados.
    May you find humor and joy as the day develops.
    Have a great day Barbados

  32. A side note:
    On the story about the death of the Virginian man murdered by 9 policemen and medical workers a strange sentence has crept into the telling of the story “the majority of them were black”.

    Add this to the Tyre Nichols death and you will see that having black officers or medical professionals at the scene does not mean a black person will be treated humanely. This should really comes as no surprise, since drive by shootings and black on black crime shows that we do not value our own lives.

    Is this a continuation of house slaves and field slaves mindsets.

    Racial interaction may be more complicated than detailed in the two paragraphs above, but we also need to look at and discuss ALL black on black interactions.

      Lawyers refute AG’s claims of its lack of complaints on judicial delays
      By Maria Bradshaw

      The Barbados Bar Association (BBA) says it has a long paper trail of documented evidence spanning over ten years of attorneys complaining about delays in the judicial system.
      President Kaye Williams said the association recently convened a special general meeting specifically on the issue of outstanding judgements.
      “Decisions were taken and we will be proceeding with our next steps on behalf of litigants,” she said.
      Williams was responding to queries from this newspaper about the recent criticisms which Attorney General Dale Marshall levelled at the association when he pointed out it had not officially made any complaints about delays in judgements, since the time period to issue such had been set at six months.
      Speaking in Parliament, he stated: “I can tell you I’ve had meetings with the Bar Association – and I suppose 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. 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,” as he added that there were no reports made to the office of the Prime Minister or President.
      While insisting that they would not engage in any public exchanges with the Attorney General, Williams outlined that the legal fraternity had indeed been active in its pursuit for judicial timeliness.
      “As president, the Bar will not engage in any public exchanges with the honourable Attorney General. Our preferred process is consultation, however, if this does not have the desired effect, we are prepared to take the necessary steps as an association. To the extent we are aware of the honourable AG’s comments. It is encouraging to see we share concerns and the same commitment to ensuring that every effort be made for a timely resolution of the problems created by the backlog. We have a vested interest in safeguarding public confidence in our legal system.”
      Public domain
      She added: “As the matter is now in the public domain, The Barbados Bar Association would like to reassure that we serve the public and as such, our clients need to know how active the BBA has been on this very important issue. Strides are being made by the current Chief Justice . . . .
      “Both as an association, and individually, letters have been written over the years on behalf of clients, seeking to procure timely court hearing dates as well as timely decisions after completion of an application or a trial. We have documented evidence spanning the last ten
      years of consistently advocating on behalf of clients. There has been some progress, but not at the pace to meet demands . . . . What has to be borne in mind is every legal matter before the court potentially affects the lives and livelihoods of the parties. We take this very seriously as often parties suffer hardships while waiting for matters to be determined.”
      However, she noted it was not the duty of BBA to fight individual cases.
      “When it comes to an aggrieved party waiting on a decision, the action has to be taken by individual clients and their attorneys at law, because ultimately it is the private right of a citizen who has to consent and be prepared to take steps to commence a legal action seeking judicial review,” she added as she made reference to a recent case where a claimant was awarded damages by the High Court for the delay in the delivery of a judgement.
      A senior legal officer also confirmed that BBA had been seeking avenues to deal with this perennial problem but charged that it was also up to the Attorney General and the Prime Minister to also “bell the cat”.
      The attorney, however, agreed “that lawyers need to take up the fire rage for their clients and file the action”.
      A retired jurist also opined that there were several instances where lawyers have called out judges.

      Source: Nation

  33. BarbadosToday’s epaper states that there is no progress on the Joe’s river situation.

    There will be no progress.
    This issue will last longer than our attention span.
    Time will be wasted and the villagers will wake up on morning to find they no longer have easy access to the beach.

  34. An interesting article titled “The Reality About Mission Critical Issues” by Michael Ray can be found in the epaper of Barbados today.

    I suspect that you will not see it on BU, but it is a very good read.

  35. It appears that Joes River will be back on the front burner again. Progression of events, as expected, is not what our AG told us to expect.

    Soon Bajans will be unable to locate and traverse the places where their navel string is buried.

    • We should not blame the developer. A lack of a relevant land use policy that sync’s with who we want to be as a people is wanted.

      NO DEAL
      Joes River dispute heading to law courts
      By Maria Bradshaw
      The Joes River impasse is headed for the law courts after all.
      According to attorneys for the investor who is developing the neighbouring Edgewater property, his “generous offer has been rejected” and as such was no longer on the table.
      That offer, which was made to concerned residents of Joes River, St Joseph back in March, following a public furore over the construction of two concrete columns at the mouth of the Joes River Bridge, was that the developer would provide public access to Joes River and the Teacup and Saucer, a leisurely fishing area.
      However, attorneys for the developer have indicated that while their offer was seen as “generous”, additional demands had been made which were not even part of the Joes River landscape.
      Offer rejected
      In a statement issued following enquiries from this newspaper the attorneys said: “An offer made by Ullswater Investments Ltd, the owner of the Edgewater property since 2015, to settle amicably the issue of public access to Joes River and the Teacup and Saucer over its land has been rejected. The offer – which was initially acknowledged as generous – was personally presented to the legal representatives of the claimants by a senior representative of the company, on site March 19, and was formally rejected on their behalf in early May.
      “This rejection was coupled with demands that Ullswater should provide infrastructure – including special facilities for the disabled – in addition to public access over its private property in several places where no such access has historically existed. These demands can only be based on the claimants’ ill-advised belief that they have a legal “right to roam” over the entire area. Consequently, Ullswater’s offer has been formally
      withdrawn. This now withdrawn offer also included an undertaking by Ullswater not to build an approved structure on its private land, so as to preserve the unrestricted and natural views from the Joes River Bridge over which pedestrians and pedal cyclists have always enjoyed an undisputed right to pass.”
      The attorneys added: “Ullswater is both surprised and disappointed by this outcome. Consequently, Ullswater is left with no choice but to defend the case for an injunction bought against it on March 8, 2023, which was remarkably commenced and in court within just 24 hours, despite conciliatory talks between the parties having been initiated on site days before and a public statement by The Most Honourable Anthony ‘Gabby’ Carter that the company had until the mid-March to propose a solution. Hence, this dispute will now need to be fully adjudicated in the high court based on the established property law of Barbados. Ullswater has subsequently built a legal team accordingly and is confident of its success. The parties will return to court on July 31, 2023.”
      They further outlined what the Australian developer had spent personal funds undertaking since purchasing the property which was in an abandoned state for many years and indicated that it would now have to be up to Government to provide the necessary footpaths which the residents were demanding.
      The furore over the Joes River bridge, which is also a tourist attraction erupted earlier this year when residents noticed that the construction of the developer’s multimillion dollar residence also included the columns being built at the mouth of the bridge which residents complained would block a path that had been utilized since time immemorial.
      Things came to a head back in March when Cultural Ambassador The Most Honourable Anthony “Gabby” Carter and several other interested parties, joined with the residents on the spot to call for the public pathway to
      be unblocked. The aggrieved residents then filed an injunction in the courts.
      This announcement by the developer now comes as a surprise as back in April, Attorney General Dale Marshall, who is also parliamentary representative for St Joseph, and who announced that he had recused himself from the matter as Attorney General and was involved in the negotiations in an effort to broker a deal, had indicated that a settlement was on the horizon.
      “That is very near to settlement; we’ve had a number of meetings with the developer. I think now that they have put forward a proposal, the community has to buy into it, but I think that there is an element of give and take on both sides. We value development, but we also have to value our heritage rights, and sometimes there is a challenge because one seems often to be in conflict with the other. I think by reaching an amicable settlement with Joe’s River, it will demonstrate that progress and history don’t have to be in conflict.”
      This newspaper reached out to Marshall as well as attorney-at-law, Gregory Nicholls, who was representing the residents, but up to press time no response was forthcoming.

      Source: Nation

  36. 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.

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

    • 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…

    • 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.

    • @Dee Word

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

  37. 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.’

    • 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 …

  38. 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.

  39. “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.

  40. 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.

  41. “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;”
    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….

  42. @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.

    • @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.

  43. 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.”

The blogmaster dares you to join the discussion.