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Two news items in today’s daily Nation newspaper (3 April 2024) drew the attention of the blogmaster. Rodney Wilkinson, bagman for for the late Prime Minister Owen Arthur, was finally ruled to face a jury trial to defend 41 counts of fraud, TEN years after he was charged.

See report:

Fraud accused to stand trial on 41 counts

BUSINESSMAN Rodney Levi Wilkinson had 26 of his fraud charges dismissed when he appeared in the District “A” Magistrates’ Court.

However, almost ten years after Wilkinson, the former chief executive officer of Gems of Barbados and owner of two luxury vehicle businesses, made his first appearance in court, he was ordered to face judge and jury on the remaining 41 counts.

Wilkinson, now 69, of 2nd Avenue, Friendly Hall Development, Jackmans, St Michael, had been accused of 67 counts of dishonestly obtaining from Globe Finance, Nassco Finance, BET Cooperative Credit Union Ltd and the Barbados Public Workers Cooperative Credit Union, sums of money ranging from $7 000 to $117 500.

They were allegedly the proceeds of Bank of Nova Scotia and Republic Bank cheques, payable to Premier Pre-Owned Vehicles Inc. and Executive Rentals, with the intention of permanently depriving the financial institutions by falsely representing that he had lawful title and possession of vehicles like Nissan Moranto and Qashqai, Toyota Rav 4, Toyota Allion, Suzuki Grand Vitara, Toyota Hilux, Nissan X-Trail, Lexus, as well as Honda Civics and CRVs, and that he had lawful authority to deal with the sale of those vehicles.

The charges date from November 2012 to February 2014.

When Wilkinson reappeared in the District “A” Magistrates’ Court, Chief Magistrate Ian Weekes dismissed 16 of the charges because the prosecution did not have files for those matters.

However, he ordered Wilkinson to face judge and jury for the remaining 41.

Wilkinson was allowed to remain on bail pending his High Court appearance.

Nation Newspaper

The second matter: child abuse cases have been ‘quagmired’ in the Barbados court system for many years, one example cited, a case of abuse occurred when the victim was eight years old and at 25 years has to ‘relive’ the experience if she wants to pursue justice.

See report:

Court concern

Board unhappy with delays child victims face

THE CHILD CARE BOARD wants to see the end of victims of child abuse having to wait years for cases to be adjudicated in the criminal justice system.

Director RoseAnn Richards expressed this concern yesterday during a media briefing announcing the launch of the Child Care Board’s annual Month of Child Abuse and Prevention Awareness at the Warrens Office Complex, Warrens, St Michael.

“I would say that I am satisfied with the number of people that are being charged, but I am not satisfied with the length of time it takes for matters of child abuse to go through the court system,” she said.

Richards said she hoped that with the establishment of the new Family Court, more of these cases would be fast-tracked and dealt with more promptly.

“It looks really bad that something happens when a child is eight. She becomes an adult and at 25 she now has to answer (testify) because it can be emotionally devastating for her, something that happened 17 years ago. He or she now has to relive the same experience to get justice,” she added.

Chair of the National Committee on the Rights of the Child, Faith Marshall-Harris, said victims of child abuse cases were often denied their justice when they stand before a jury that no longer sees a child, but an adult giving testimony.

No longer a child

“I think an important thing to point out about those delays in those juvenile cases is that, in terms of justice, it’s denied, in the sense that the appearance of that child on the witness stand is no longer that of a child. “Therefore, a jury being only human will assess the situation based on what they see before them, so very often they do not get the justice they deserve,” said Marshall-Harris, a former magistrate.

The two child rights advocates were responding to questions from the media relating to data shared by Humphrey, who said from April 2021 to March 2022, there were 538 cases of child abuse affecting 667 children in Barbados.

Adding that some of these cases spiked after the pandemic, Minister of People Empowerment and Elder Affairs Kirk Humphrey said their aim was to reduce the overall cases of abuse in children.

This consists of awareness-based initiatives around abuse and prevention and include programmes around parenting, with collaboration from his ministry, the Ministry of Education, Ministry of Youth Empowerment and the Child Care Board.

“When we speak of child abuse people always ask, what are the penalties? How are you going to enforce the legislation and those things? This is important, but if we could foster voluntary compliance, if we can get people educated to the point that they understand that there are certain things they should and should not do, that would serve us a lot better,” Humphrey said.

He further extended caution to parents on the chosen method of addressing cases of child abuse, especially when using social media.

“I know if a person is hurting, because they suspect that some incident occurred that has damaged their child, they would want to use social media as a tool to express their frustration.

“You also have to remember that in the new legislation, the Cybercrime Bill, it is an offence to be posting pictures of children, especially naked pictures of children, even if you’re trying to make a point. It will also be an offence in the new child protection legislation,” he said.

Humphrey urged parents to report such cases to the Child Care Board if they suspect abuse, but also warned about penalties for false reporting.

He also provided an update on the Child Protection Bill.

“If I had my way we would be debating that bill as the first bill when we return to Parliament on the 23rd of April. But it is my privilege to be able to give the children this new bill on child protection. Children deserve to be safe, there is no excuse.”

Let us protect them. That is essentially what the new Child Protection Bill is proposing and hopefully we would be able to pass that very very soon,” he said. (JRN)

Nation Newspaper

How can we describe ourselves as progressing as a people if the scales of justice always tilt out of balance?


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36 responses to “Court system compromised!”


  1. Parris, now Wilkinson!

    Maybe, were Owen to be here the latter was un likely.

    Always looked like a sleeve bag too.

    Parris still in the dock?

    Old men, at the center of power in their heyday, now need to face the possibility of prison near death for no moral reason.

    How shameful.

    As fate will have it both OSA and Thompson, in death, have left their acolytes, in life, to recompense for their own malfeasances.

    These should be a cautionary tale to current and future políticos near to prime ministers.


  2. In the “IMMORTAL WORDS” of Sir Edmund Burke – “ALL IT TAKES FOR EVIL TO PROSPER IS FOR GOOD MEN TO DO NOTHING…”


  3. The pain, trauma and terror experienced by an 8 year old child is still buried deep in the psyche of a 25 year old adult and can reemerge anytime.

    Generational pain, trauma and terror
    Due to the multiverse theory past lives are in fact parallel lives.

    Several branches of modern physics, including quantum theory and cosmology, suggest our universe may be just one of many. Humans live in a universe: that is a fact. Up for debate, though, is whether the universe lives in a sea of other universes—a multiverse.

    Like many paper dolls these can fold back into one doll and we can experience the pain of our past / parallel lives.


  4. Some may shout a case of throwing water into the sea.

    —————————

    New High Court judge sworn in

    https://nationnews.com/2024/04/03/new-high-court-judge-sworn-in/


  5. @David
    “How can we describe ourselves as progressing as a people if the scales of justice always tilt out of balance

    We can’t!!!!

    Ironic that Wilkinson article jumped off the page at me as well. note too that he is 69 so at this rate he should actually see a jury trial around age 80!

    One must wonder if we will ever see real accountability in Barbados!


  6. @Observing

    The BLP will probably look after one of their own.


  7. Was perusing the archives and saw this classic from Caswell relating to the DLP
    “For your information, this Government is colour blind. How else could they see Mark Maloney as a small black man?”

    How times have changed 😊

    https://barbadosunderground.net/2014/09/22/arthurs-bagman-may-slip-the-noose-again/#comments


  8. @ David,
    Not so long ago Barbados had a problem with their very own speaker of the house. It reminds one of the maxim that absolute power corrupts.

    https://www.bbc.co.uk/news/world-africa-68726891


  9. “Binance: Nigeria orders cryptocurrency firm to pay $10bn”

    https://www.bbc.co.uk/news/world-africa-68451238


  10. Disgraceful!


  11. Punishment must fit crime!

    Deputy DPP: Sentences for murder should start at 40 years

    by HEATHER-LYNN EVANSON

    heatherlynevanson@nationnews.com

    WITH NO SENTENCING GUIDELINES in place for murder, Deputy Director of Public Prosecutions Alliston Seale believes all sentences for that crime should start at 40 years.

    And the Senior Counsel will be in the vanguard of advocating for such.

    “Since we have no guidelines as yet for murder, no murder conviction should start with a sentence of under 40 years, especially in this era of deductions, reductions and discounts,” the prosecutor said, as he stressed that the death sentence was still on the books for certain murder cases.

    Discounts

    “And then the prison gives you one-quarter off. So after all the discounts, when a man leaves here [court] with 20 years, that is really 15 because he gets one-quarter off when in prison,” he said.

    “And we expect to dissuade people from committing crime? Call me old, call me stupid, call me what you will, but I still believe in the Good Book. We must be serious about sentencing and I will be an advocate for it especially with serious crimes like murder.”

    Seale made the comments as he asked that the convicted killer, who caused “total mayhem” in New Orleans as he ran down, shot and killed one man and injured another in the process, be given a starting sentence of 40 years, plus an additional three for the aggravating features.

    He was speaking as Anthonia Windgrove Ellis reappeared in the No. 4 Supreme Court yesterday.

    Ellis, of Denny Road, Thorpes, St James, was found guilty of murdering Lorenzo “Pastor” Joseph on February 16, 2019.

    He was represented by King’s Counsel Michael Lashley and attorneys Sade Harris and Zudie Payne during the trial but is conducting his own mitigation.

    ‘Half-baked apology’

    Deputy DPP Seale said while Ellis had no previous convictions, he had shown no remorse for his actions. In fact, he added, despite the overwhelming eyewitness testimony, Ellis had issued a “half-baked apology”, all the while insisting it was someone else who fired the fatal shot.

    “This wasn’t the run-of-the-mill murder that had two gangs in New Orleans. This started from a minor dispute. This was a senseless loss of life. This senseless loss of life must be reflected in the sentence and it is for that reason I submit a sentence of 43 years would meet the justice of the situation,” he said.

    Seale said the offence had “clearly” crossed the threshold for the imposition of a custodial sentence. He added the way Ellis “perpetuated the crime” made it more serious.

    “He ran him, pursued him. His intention was clearly to kill Lorenzo because when he [Lorenzo] lay on the ground, he went over him and shot him in the face. Hence, a sentence of imprisonment for life is one that is applicable in the circumstances.”

    He said that while people spoke about the rehabilitation of the offender, very few remembered that someone had died.

    “Murder is one of the most serious offences in the criminal justice system. There are no amends that can be made. You can’t pay back for a life. You can’t bring back the person. Even though we are in this season of Easter, resurrection doesn’t happen anymore,” he argued.

    Seale noted that once the judicial system was serious about sentencing, the courts could not start with low thresholds.

    “There must be a balancing act. If we want to dissuade people from committing crime, we have to punish them. We have become so soft on crime and then we ask what happened,” Seale said, adding he was seeing “a more violent society”.

    “You can’t turn into a society that is so soft that you get a badge of honour for committing crime and people’s lives are being snuffed out.”

    He also said the courts had to consider comparative sentences.

    He said a man who commits murder should not get 20 years, while someone who commits serious bodily harm, conduct endangering life or drug trafficking gets 25 years.

    Source: Nation


  12. Nation Editorial

    Court system failing children

    LAST MONTH’S REPORTED CONVICTION of a St Michael man for the November 2008 sexual molestation of a then Class 3 pupil exemplifies the concern the Child Care Board (CCB) has about the lengthy judicial delays in dealing with such matters.

    On Tuesday during a media launch of the Month of Child Abuse and Prevention Awareness, CCB director RoseAnn Richards said while she was satisfied with the number of people being charged in relation to the abuse of the children, she could not say the same for the time it took for cases to work their way through the court system.

    She is hopeful that with the establishment of a Family Court, such cases will be fast-tracked and therefore not prolong the agony for the victim or a wrongfully accused person.

    The delays in the court system have been well aired by ministers, Government officials and most definitely the Caribbean Court of Justice which has been consistently highly critical of Barbados’ inability to move swifter in the delivery of justice. It can be reasonably assumed that cases of child abuse would be among those lagging in the system.

    In the recently cited case, the complainant is now 25 years old.

    She has had to return to the court setting, following a preliminary hearing, and relive the trauma of an experience from 14 years ago at the hands of a neighbour. By now some would have put the incident into the recesses of their mind but, because the matter was not resolved, she no doubt walked around knowing that her testimony was pending.

    Richards, during that same briefing, stated: “It looks really bad that something happens when a child is eight. She becomes an adult and at 25 she now has to answer because it can be emotionally devastating for her, something that happened 17 years ago.

    He or she now has to relive the same experience to get justice.”

    When there has been such a long intervening period, can this be truly regarded as justice, or just the legality of a situation being fulfilled?

    At the point of the crime, justice demanded that the child be allowed to make her allegation, receive counselling and hopefully closure would ensue. What we have in this recent case – which sounds similar to the example given by the director – is a situation where all parties in the court are hearing from an adult, hardly the innocent account from the perspective of a child at the time of the incident.

    The witness’ account could be coloured by all of life’s intervening encounters on which they may be judged once they enter the courtroom. That could be to the advantage of a guilty party.

    When either party is disadvantaged, justice has not been done. It is in the interest of the country to look after the welfare of its children in a timely manner and seeing that justice is swift is one way. Rather than the yearly admissions of the failing system, it is time to have a properly functioning one – for the sake of the children and the country.

    When there has been such a long intervening period, can this be truly regarded as justice, or just the legality of a situation being fulfilled?


  13. @TLSN

    Human beings are not perfect which means man made systems will never be perfect. The challenge is to ensure we are diligent with our oversight/governance systems to ensure there is an acceptable level of quality assurance.


  14. King Arthur’s knights are who compromised it!!

  15. Kammie M Holder Avatar
    Kammie M Holder

    I have repeatedly said the court system fails children even in access cases and maintenance cases. No checks are ever made on the welfare of the children as the emphasis is always on money from the fathers or other parent. Perhaps, Mrs. Richards, will also deal with the said indifference police and CCB shows to complaints from men.


  16. Family Courts are an industry / scam, where lawyers milk fathers out to the max pretending they have a good chance for basic access to their children against difficult women, where cases are dragged out for years to accrue fees. The best option is to accept minimum rights and access and get the divorce cases finished quick. Then go back again and cunt the judges and lawyers out to fight for rights to access one or two years later.

  17. Kammie M Holder Avatar
    Kammie M Holder

    @555dubstreet, imagine a custodial parent vex with another walks off the street and put a non-custodial parent before the court for maintenance. No checks are made on veracity of charge, order is made and no follow up on up keep of child is ever made.

    Now the new Child Protection Bill speaks to financial abuse for not paying support where a penalty of $100,000 is remedy. The money goes to the treasury and not the child.

    It gets worst, lawyers who write the law and draft laws now demanding $10,000 upfront as a retainer in matters of access and maintenance. The court indirectly aids and abets by not insisting on mediation before matters enters drawn out court system.

    Sadly MESA is dead and the other group MENS is politically conflicted organization as a PEO with a PEP as its head.

    Thus, the recent lament by the AG of the BPS response to women reporting domestic violence was in poor taste and promotes a bias against men.


  18. So, the courts are crap. The laws are crap. But you know what else is crap? Most people’s choice of partner.

    Perhaps we should pay attention to that also.


  19. Maintenance is proportional to the agreed amount of shared custody.
    Mothers maximise their maintenance by refusing to allow any custody.
    But, the children suffer and will know when a parent was acting selfish, spiteful and not a nice person and will choose to cut off ties to them when older.


  20. The IG comments sums up the people’s opinions quite clearly.
    He can’t get a fair trial in Barbados. Change the venue, that should take about 10 years 😕


  21. So Frank…
    Who, among The ‘who-is-who’ bout here can proceed to cast the first stone here – when they ALL live in glass houses, many of which may have ties to financing arrangements of questionable origins? This very case tells us how CLICO operated.

    If yuh join with there devil to establish your position of status, then it is near to IMPOSSIBLE for you to then dispense RIGHTEOUS justice.

    If we brass bowls don’t recognize our predicament and take appropriate steps, it is only obvious that justice will be a bridge to far, (usually a mere illusion that is promised to come a few decades into our future)

    Then we feign surprise at our justice systems….


  22. Parris had both Mia and David on speed dial.


  23. I don’t understand why it has taken so long for Wilkie to be tried. Isn’t it true that justice delayed is justice denied?

    If I was him I would have my lawyers argue that I should not face trial because my trial has been too long delayed.

    But don’t mind me. I ain’t no lawyer, not even a bush lawyer.


  24. As for the Child Care Board’s complaint, the truth is that we Bajans don’t really believe that children are important, which is why those who offend against children act with impunity.


  25. Re: Wilkinson.

    The HC boys on this blog very quiet.


  26. To comment is to participate in the con/scam and to aid in the promotion of these fraudulent stories.
    I no longer comment on court cases.


  27. The Chief Justice is at it again!

    ———————————————-

    ‘AN INTERFERENCE’
    SIR PATTERSON COMPLAINS ABOUT LAWS HINDERING SELF- GOVERNANCE OF JUDICIAL SYSTEM
    By Sheria Brathwaite
    Outgoing Chief Justice Sir Patterson Cheltenham on Monday delivered a broadside against holdover legislation dating back to the end of colonial rule when the independence constitution was enacted in 1966, as he blasted “historical errors” that undermine the judiciary’s independence.
    He appealed to fellow judges to lend him their support as he leads the “battle” to see the laws “cut out”.
    Sir Patterson was speaking to journalists on the sidelines of the opening of the Commonwealth Secretariat Symposium on the Latimer House Principles, a three-day event at the Lloyd Erskine Sandiford Centre.
    He said there were legal discrepancies that weakened the self-governance of the judicial system in which judges must apply to the executive branch of government for leave, retirement and budgetary powers. He said he hoped the symposium’s participants would take full advantage of the opportunity to voice serious concerns affecting the judicial branch.
    The head of the judiciary said: “Historically, the Chief Justice, where there’s an application for leave from a member of the judiciary, sends that letter to the then governor-general, now the President for approval. I’m completely and deeply opposed to it because it makes absolutely no sense. Whoever is the Chief Justice is the head of the judiciary, and that person must know better than anyone else when the requirements should be given and when they should be modified, and the decision should stop with the Chief Justice. To go to the executive is an interference. It is a historical error that has been perpetuated, and it needs to be cut out completely,” he declared.
    “There’s no person better equipped than the Chief Justice and his support staff about the granting of leave. And by support staff [I mean that] if you’re from the Criminal Division, it would be the head of the Criminal Division. If you’re from the Family Division, it would be the head of the Family Division. If you’re from the Civil Division, it would be the head of the Civil Division.”
    Sir Patterson also outlined a similar situation when a lawyer wanted to apply for an extension upon reaching retirement age. Under the Constitution, a High Court judge retires at age 65 while a Chief Justice or Justice of Appeal retires at 70. Both can apply for a two-year extension.
    “That should never be in anyone’s constitution because it puts you into the playbook of the executive. If you have an active case against the government at the time, it means that the judge has to be wondering if I rule to the left, maybe I will not get the extension; if I rule to the right, which I don’t think I should go, I’ll probably get the extension. No judge should have those conflicting emotions about the case, and that should also be changed. I’m hoping that in the newest version of the Constitution, those powers will be given to whoever is the Chief Justice of the day so that he/she will have a discussion with the judge who has applied,” he added.
    The Chief Justice stressed that “no politician should have a say in that, because it compromises the integrity of the judicial system straight to its core and again I’m unapologetic and stringently opposed to that”.
    “[However,] it’s no politician’s fault; that came with the Constitution in 1966 . . . . This is a fault line that came through and fault lines have to be corrected, and that one is an urgent need.”
    Sir Patterson also complained of a lack of resources in the Office of the Chief Justice and departments that report to the office. He said on numerous occasions, he and other staff had to get documents printed at private businesses as there was no printer in the office.
    This issue, he said, was because the Chief Justice does not control the judicial purse.
    “It’s largely because there’s no budgetary control by the Chief Justice’s office because there’s no such entity. I’m trying to create one. The budget is controlled by the Attorney General. It’s nonsense. Why is the Attorney General controlling the Registration Department? Historically, again, that is how it has been. It cannot continue; all of this impacts on the independence of the judiciary and frustrates the judiciary. We need to have a separate vote with a chief financial officer responsible for the expenditure,” he insisted.
    He told the symposium that he had set the bar with a “fearless speech” with the hope that other legal minds would follow suit, declaring that it was important to have frank and robust discussions for the country’s betterment.
    “We have been biting at the edges and fearful to get into the centre . . . . We can’t go forward with people fearful about speaking . . .
    . I just want to have a constructive presentation of facts with some sensible inferences to be drawn and hopefully coming out of this conference, some positive, strong suggestions coming out, all for the betterment of the judiciary.”
    The Commonwealth Latimer House Principles is part of the commitment of member countries to democratic principles and shared political values, including the rule of law, human rights and good, effective and equitable governance.
    Commonwealth states such as Barbados pledged to adhere to these shared democratic values. One of the values is that the constitutions of each member country must reflect the core principles of the separation of the powers of the executive (President, Prime Minister and Cabinet), judicial (courts and judges), and legislative (House and Senate) branches of government.

    sheriabrathwaite@barbadostoday.bb

    Source: BT


  28. If I remember correctly the CJ will only occupy his position for another few months (unless he has been extended already), while his suggestions have merit ( and they leave one wondering why they were not brought to the fore in the past) under the present AG they will go in the file and forget folder.


  29. @Sargeant

    It is fair to surmise the CJ formally shared his concerns with officialdom without much joy. Unshackled from the niceties of the job with his imminent retirement, he feels emboldened to come public in order to litter his legacy with fighting a just cause.


  30. Since the CJ referenced the Constitution what’s the latest on the new Constitution? Did the CRC complete its work? The target date kept moving. Will the PM unilaterally declare that a new Constitution will come into force on November 30th 2024 ? Remember the PM made a unilateral declaration that the country will become a Republic on November 30th 2021.

    You get what you get and don’t complain.


  31. “Since the CJ referenced the Constitution what’s the latest on the new Constitution?”

    AI Artificial Intelligence can generate intelligent pieces of work
    here is an example called Healing with Structures


  32. Still Beating Down Babylon
    Barbados becoming a Republic was a bold move, so by reasoning, it’s people should become bold to build a bold nation.

    Pause for the Cause
    USA says in Israel’s War against Palestinian Civilians Killing 33,333 is not genocide..
    But, if 33,333 yanks were massacred them hypocrites would sing a different song,
    It’s just like the racist white South Africa apartheid struggles all over again

    Beat Down Babylon Lyrics
    [Verse 1]
    Say, mi no like dem kind of babylon
    Say, mi no dig dem kind of wicked men
    For, I am a righteous Rasta man
    And I am a dread dread one I man

    [Chorus]
    I an’ I goin’ beat down babylon
    I an’ I must whip dem wicked men

    [Verse 2]
    Oh, what a wicked situation
    I and I starvin’
    This might cause a revolution
    And a dangerous pollution

    [Refrain]
    Whip dem, whip dem (Lord)


  33. tanks to Mia bim is a failed state rastas breteren gine have to rise up and take back this country

  34. Yolande Grant Avatar

    Have to start fresh, brand new. The distortions laid down in the last 50 plus years…MUST be abandoned along with ALL its practitioners…just TURN YOUR BACKS…keep it moving…..dont look back.

    Dont care how black or white or other the faces are, with their lots of looonngg stupid talking, get away from them…

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