Many along with the blogmaster listened to Attorney General Dale Marshall with ‘awe and wonder’ at his recent proclamation of proposed changes to the court system. Going back to Louis Tull’s tenure as Attorney General from the 1980s, David Simmons, Maurice King, Henry Forde, current Prime Minister Mia Mottley, Freundel Stuart, Adriel Brathwaite to the incumbent Dale Marshall (who is having his second bite of the cherry), all have bleated the same message concerning the sloth of our judicial system. To paraphrase Dale Marshall – the local court system at one point was about to collapse under its own weight.
Successive governments and sitting Attorney Generals have applied forms of bandaids to address systemic challenges plaguing the judiciary. If there is a serious and urgent problem to solve solutions must match the urgency of the problem. After all, a well managed justice system is regarded as a key pillar upon which an orderly society rest. Does any government of Barbados need a more urgent reason to prioritise improvement to the court system?
We welcome the proposed criminal procedural rules . . . and there has been dialogue between both parties. We are supposed to submit any comments, queries or recommendations in respect of the rules.”
– Convenor of the Barbados Bar Association’s Criminal Law Committee Martie Garnes
By the way, we should derive little comfort from the support the Barbados Bar Association (BBA) has given to the proposed new court rules. The BBA’s sister agency – The Disciplinary Committee – has been a colossal failure resolving complaints against lawyers who continue to prey on hapless Barbadians at home and in the diaspora with gay abandon.
New rules intended to move cases through the judicial system quickly will be in place by the end of September. According to Attorney General Dale Marshall, the proposed changes to criminal procedures have been sent to stakeholders to be reviewed.
He made the announcement on the sidelines of a CARICOM IMPACS’ Crime Gun Intelligence Unit meeting. Mr. Marshall adds due to Government’s decision to increase the number of judges on the bench, the criminal justice system has disposed of 584 cases over the last 18 months. He says while 67 of them were for murder, dealing with such a significant number of cases must be seen as a phenomenal accomplishment –
The same criticism can be levelled at Chief Justices who come and go like a widget on a conveyor belt. The latest Chief Justice is the Prime Minister’s anointed. Who has been transferred from his political wearing many political appointed hats to the highest seat on the bench. This is how we roll. to hell with maintaining a DMZ between the judiciary and government.
Finally, what achievements have successive Presidents of the Barbados Bar Association achieved except to acquire silk?
How we miss Jeff Cumberbatch’s public commentaries as he was the legal beaver par excellence of our times. May he rest in peace.
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38 responses to “Fix the damn court system already”
William Skinner
When we objectively examine the failure to successfully solve the problems with the Judiciary, we find the same malaise that affects other critical sectors: education, public transportation, food security, the environment etc.
Marshall is just another incompetent blabber mouth and he belongs to those who went before him , for the past forty years.
We can only fix something when we know how to fix it. Marshall does not know how; neither did his predecessors. he should have been fired from the cabinet a long time ago.
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Pachamama
This is impossible!
As impossible as getting the wet outta water.
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Bush Tea
What skills, experience or training do lawyers have in solving problems and ‘fixing’ things?
They do not even UNDERSTAND the damned concept.
Lawyers make their LIVING by having chaos and disruption. So if the court system worked as it should, then ‘lawyers’ would be just like damned clerical officers. (which actually reflects the level of their competence) .. and with AI, not even THAT would be guaranteed.
The damn Hospital CANNOT be fixed by doctors either….
It is the same shiite with doctors ..if we all had the sense to live simple HEALTHY lifestyles they would mostly be driving Suzukis instead of Mercedes – and with AI, many would more likely walking to work…
Our society is DOOMED.
The lunatics are running the damned asylum.
…especially in Brassbados since Froon’s monumental mistake at the Garrison.
What a place!!
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Bajeabroad
You said it accurately Bush Tea. We put people and these professions (Law and Medicine) on a pedestal on Barbados as titans of success. But this is exactly what the old colonial masters wanted the black community to focus on, working for big salaries but stay as consumers only in administrative roles only as opposed to thinking for ourselves and being entrepreneurs or problem solvers.
Lawyers and Doctors have virtually zero skills in managing and developing solutions for complex problems faced in managing enterprises and capital institutions. ZERO. But that’s all we know and keep pumping out at UWI talking about high literacy and punching above our weight. What good is high literacy in blabber mouth fields that don’t solve real problems, or lead to real development. Jokers indeed.
Add economist to the list as well. Blabbering about the economy and can’t create a single job or business idea themselves. Pure talkers and do nothingers in charge. We can’t be serious at all at all
Agree with the part you wrote “. We put people and these professions (Law and Medicine) on a pedestal on Barbados as titans of success.”
Attend a social function and watch people without shame fawning over lawyers, doctors et al present. They have no awareness that these are mere mortals. It is little wonder we hesitate to hold these people accountable.
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Redguard
The system was never meant to function effectively and efficiently. It is designed to ensure lawyers can maximise their billable hours.
Note how quickly a drug addict was remanded last week for stealing food because he was hungry but a home help attendant who helped herself to $45,000 from an elderly couple got bail. Her lawyer needs to get piece of the 45k before she is forced to repay her victims, if ever. If lawyers don’t get the first bite they must get the second and third and fourth.
Richard Medhurst is one of the people Pacha trust to give critical reporting on current events, has been too!
Arrested as if a trained journalist is no different than a terrorist. He’s a Syrian-Marronite-Christian-Brirish.
How can court systems be fixed when there is a deeper determination by world powers to make them more fascistic?
How can the endemic injustice system be properly understood while ignoring the near total erosión of the socalled enlightenment ideals almost everywhere in the West?
THE PILOT PROJECT involving coconut vendors off the highway in Newton, Christ Church, might need to be restarted unless there is behaviour change, says the supervising officer for the area.
Barbados Association of Retailers, Vendors and Entrepreneurs (BARVEN) roving communications officer, Robert Maloney, said there was too much indiscipline and it may be time to wheel and come again.
“We are somewhat disgusted at the state the area is being kept in. BARVEN and Export Barbados have gone beyond the call of duty to facilitate them seeing as we all want the industry to develop into a lucrative and responsible enterprise but the vendors have shown that without proper supervision, they will leave the place in a state,” he said.
Yesterday, a MIDWEEK NATION team visited the area and saw piles of coconut shells in various states of decay. There was a skip on site, filled to overflowing, and a lone worker cutting coconuts which were covered in flies. The odour of rotting coconuts permeated the air.
The worker, who was not identified, said another skip full of coconuts was taken away the previous day and they had called for the one there to be collected as well. He said when the skips were not there, they used their truck to take away the shells.
The man said there was a sno-cone vendor who operated nearby and there was a plan for all of them to pool resources to keep the area clean but he was unsure of how that plan was going.
Maloney said part of the problem was the number of coconut vendors there. He said the project began with “five or six” but since then, more vendors had joined and there were now around 12 of them, with the new additions bringing in bad habits.
“I am there pretty often and I have spoken to them but they are adults. We want this project to succeed. All that is required of them is to follow the rules and regulations. I should not have to beg them to do that. It might be prudent to look to restart the programme and work with a reasonable number of vendors,” he said.
Maloney said they wanted to see Government construct vending zones to deal with the overcrowding, replete with bathrooms, running water and shelter, but said it required discipline.
“It can’t be a process where you make money and leave the shells out. We want to send that message, not only to the vendors at Newton but to all coconut vendors in Barbados, but it grieves me to see all that effort put into those vendors in Newton and they continue to leave the place unsightly,” he said.
Chief executive officer of Export Barbados, Mark Hill, said they spent $1 400 a month providing three skips a week but said vendors did not comply with health and safety guidelines which has triggered the need for training.
Training a must
“We are working on HACCP (Hazard Analysis and Critical Control Points) training for the coconut vendors on food safety. Through the International Food Science Centre, the vendors will be trained in health and safety best practices. As business persons health and safety and complying with standards are a critical part of business,” he said.
Currently, vendors are operating without covering as Hill said the bad health practices caused the tents to become contaminated.
“We installed four tents but the vendors, in the process of cutting coconuts, caused bacteria to grow on the tops of them so we removed them for sanitary reasons. They are being cleaned to be reinstalled but the HACCP training is critical.
“Our priority is food health and safety and we know we have a way to go to train and certify vendors, such as in using things like stainless steel tools,” he said.
In addition, Hill said there was a solution to the shell problem over the horizon as a plan was being put into place to turn them into renewable energy fuel.
“The corporation will shortly install a biomethane/biohydrogen plant that will convert the coconut waste to renewable energy fuel. This will not only bring cost savings on dumping but will become a revenue generation mechanism.
“The new life science park at Newton that is currently being built will be a state-of-the-art science park and the vendors are part of the science ecosystem,” he said.
Numerous complaints about coconut vending on the highway – including an online petition – prompted the Government to relocate some of the vendors earlier this year.
Source: Nation
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Bush Tea
Hill is a member of the North Atlantic Treaty Organisation.
No Action, Talk Only.
Always some exotic project ‘to be completed soon’.
Can’t find any WORKING examples of such….
The Coconut venders are simply ZR drivers in waiting. If we CANNOT control the ZR culture that is $%#&ing up our roads EVERY DAMN DAY, how likely are we to be able to manage the coconut vendors who litter the highway?
Even when they are forced to move the waste, they just dump it is some cart road – for government to clean up…
Steupsss..
When the Head is bad, there is no point in massaging the knees.
Good morning to all. I am on a positive mood today.
Continue wishing upon the stars. Your dreams will come true.
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Sargeant
Maloney said they wanted to see Government construct vending zones to deal with the overcrowding, replete with bathrooms, running water and shelter, but said it required discipline.
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“bathrooms running water and shelter”? O Lord looka trouble! Be careful what you wish for, you might just get it, and the next series of complaints would be even longer.
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555dubstreet
“Submitted by Isidoros Karderinis who was born in Athens in 1967. He is a journalist, novelist and poet.”
GOVERNMENT HAS MOVED a step further in its efforts to transform the criminal justice system with the passage of the Criminal Justice (Plea Negotiations And Agreements) Bill 2024 in the Senate yesterday.
Introducing the legislation, Minister in the Ministry of Economic Affairs and Investment Senator Chad Blackman contended it was important to ensure that if the criminal justice system was going to be “robust, efficient and deliver justice in an orderly way”, then obstacles such as time bottlenecks must be removed.
“How do we ensure that our current justice system can be tidier; can be more efficient and allows therefore for the court to use its time wisely and in a manner that allows for justice to be served?” Blackman asked.
He explained the legislation made provision for plea bargaining, which allowed for a defendant to cooperate in the pursuit of justice, “helping the justice system invariably to move more quickly in getting to the bottom of criminal matters”.
As spelled out in the proposed legislation, it will “provide for plea negotiations and plea agreements between the accused and prosecutor in criminal cases . . . and applies to plea negotiations for indictable offences only”.
“The legislation makes provision for an accused person to plead guilty to a lesser charge but has significant bounds of rules to prevent the exploitation of the law,” the Bill stated.
Blackman contended it “provides for fairness for the accused as well as for balance and fairness for the state, and transparency in the process”, but pointed out nothing in the Act “affects the right of an accused to plead guilty to a charge without entering plea negotiations or a plea agreement”.
The Criminal Justice (Plea Negotiations And Agreements) Bill 2024 is part of a suite of legislation which Government intends to put in place over time to address problems or deficiencies in the judicial system. It follows on the heels of the Bail Act which was passed in the Senate on July 31.
That Act revised the law relating to conditions for the provision of bail in or in connection with criminal proceedings, such as bail grantable in connection with an offence to a person who is under arrest for the offence or for whose arrest for the offence a warrant, endorsed for bail is issued.
Also among those conditions, it states: “Where there is the likelihood that the defendant, if granted bail, will endanger the safety of the public or any particular person or will commit an offence; where there is the likelihood that the defendant, if granted bail, will attempt to evade trial; where there is the likelihood that the defendant, if granted bail, will attempt to influence or intimidate witnesses or to conceal or destroy evidence, or where there is the likelihood that the defendant, if granted bail, will undermine or jeopardise the objectives or the proper functioning of the criminal justice system, including the bail system.” (GC)
CONCERNS OVER INSURANCE AGENT IMPARTIALITY AS COPS PRIORITISE SERIOUS CRASHES
By Shamar Blunt
Starting from September 15, police will only attend road accidents involving death or serious injuries, with insurance agents taking charge of minor incidents under a new road traffic accident investigation policy announced on Wednesday by Attorney General Dale Marshall.
At a press briefing to unveil the policy at the Henry Forde and David Simmons Legal and Judicial Complex, Marshall expressed full support for the change, highlighting the extensive time officers currently spend on road accidents, especially minor ones.
“Last year, there were about 6 900 traffic accidents, and in some years, we’ve seen almost 9 000,” the AG noted. “On average, it can take between 10 and sometimes as much as 20 man-hours for police to attend to a single accident scene.
If you do the simple Maths, with 6 900 accidents last year, that’s 70 000 police man-hours just on traffic accidents.”
Marshall pointed out that given the shortage of police officers, the policy is a necessary transformation, allowing law enforcement to focus on more critical public safety issues.
“We’re dealing with a deficit in terms of the boots we have on the ground, so we need to manage those resources more efficiently,” he explained.
The attorney general gave an assurance that police would still respond to accidents involving serious injuries, which include hospitalisations for fractures, concussions, internal injuries, or severe shock. But, he said, the majority of accidents, which do not result in prosecution, do not require police involvement.
“The super-abundant majority of cases don’t lead to prosecutions,” said the government’s chief law officer. “So those hours of policing time don’t make it to court and become just another statistic. At this juncture, the public needs to understand we’re not throwing them to the wolves.”
He added: “A serious injury is one where a person needs to be hospitalised . . . it’s important for police to come and safeguard that person’s interests. This is part of modernising The Barbados Police Service to better handle the serious issues affecting society.”
The General Insurance Association of Barbados has backed the move. President Randy Graham highlighted that insurance companies pay out between $85 million and $90 million annually for vehicle crashes. He noted that 90 per cent of these incidents are resolved without police reports, as they are settled between drivers and their insurers.
Graham said insurance agents have been trained to manage accident scenes, under police guidance at the Regional Police Training Centre.
“The auto-rescuers and roadside assistance vehicles you see at accident scenes have received the necessary training,” he said. “They can handle situations where no serious injury is involved.”
But the head of the Barbados Road Safety Association (BRSA), raised concerns over the reliance on insurance agents, and called for the institution of an independent fact-finding body such as the police.
Roland Lowe, himself a former police officer, acknowledged the strain on police resources but stressed the need for impartial officials at accident scenes to ensure unbiased investigations.
“You need that objective third party because the police have no vested interest in who is right or wrong in an accident,” Lowe told Barbados TODAY. “They are there to interpret the rules of the road and give their findings.”
Lowe suggested that the government should have considered an arbitration body consisting of independent, specially trained individuals, possibly including former police officers and insurance personnel. This body could offer impartial rulings on accident cases, he said.
“If the parties don’t agree with the arbitration findings, all the information could be forwarded to the court for a quick decision based on professional assessments,” Lowe proposed.
The authorities in Barbados are so clueless that it would be funny – if only we were not so damn broke, unproductive and inept.
Rather that seek to upgrade the Police force – and for officers to get EVEN MORE involved in the business of ordinary citizens in a PROACTIVE manner (such as assisting and providing assurance in such minor accidents – AND DOING IT MORE EFFICIENTLY) these clowns see the ‘answer’ as leaving it to the public and the insurance agents….
So now when there is an accident involving some arrogant lout – now assured that no police will be arriving, and who has no intensions of taking responsibility fo their actions, …will otherwise PEACEFUL citizens now need to be armed in order to get justice?
What a STUPID decision.
The police force, FAR FROM WITHDRAWING from such duties, should be making it their BUSINESS to visit schools, have a regular presence at locations where incidents TEND to occur etc, AND seek to interact with the public in such relatively POSITIVE situations even MORE.
Steupsss…
What we actually need, are a set of intelligent people running these important national entities….
Too many damn CLOWNS in place.
Now what total rat droppings is this i hearing? With 60% of the cars uninsured and the ZR drivers doing the dog, how the hell you going give the insurance company the job of dealing with accidents?
So them could charge people for coming through a red and hitting my old car? So i must now lose my no claim bonus because the insurance man cant do the uninsured nothing?
Listen law breaking on the road could be one of the biggest money earners for the state if they wasnt so dam lasy to act on it. Wunna ever hear the word IMPOUND? Well take 5 acres of land and fence and secure it and start there. Forget the court for the small foolishness and give the police the power to write tickets. Impound the vehicles and let them first pay the ticket at any police station and then take that receipt to the impound yard where they will then pay the daily impound fee of $50 a day. Dont worry bout the vehicle loaders, privatise that and the wreckers would come for the vehicles and take them to the impound yard.
Lord this is 2024 not 1964 wunna get up and implement change and try and earn some tax revenue for the state do!
Motorists involved in an accident may call the police and based on the report they will assess if to visit the scene of the accident.
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Bush Rea
“What is the fuss all about?”
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So do you think that this has been properly thought through..?
Not just piecemeal thinking – such as lack of manpower, time to respond, road blockage etc, …but long-term conflict resolution, and simple situations escalating into fights, complex court cases etc.
What happens when one or both parties are uninsured? unlicensed? stolen vehicles are involved? when on-the-spot agreements are changed?
Were the most critical stakeholders included in the discussions and the training (the driving public)?
But most importantly, if YOU were Commissioner (or the politician in charge – which is the same thing), would YOU simply dismiss the opportunity to interact with such a large segment of YOUR community – AS A REFEREE, on a daily basis????
and why?…so as to free up resources to drive useless judges to and from lunch?
What happened to ‘RE-ASSURANCE’ as one of their mandates?
Steupsss..
‘Wisdom’ as a word, should be STRUCK from the damn dictionary.
The police is struggling to recruit quality officers. The government finds itself between a rock and a hard place. Something has got to give.
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Bush Tea
As man..
Why do you think this is so..?
Thousands turn up to work -for basic living wages- with the albino-centric demons such as Sandals and other modern day slavers…even when they are laid of for half a year…
Yet…
Given its current leadership and direction, if you were an intelligent, capable young person with options…
Would YOU join up as a cop…?
Leadership and vision CANNOT BE substituted…
Where there is none, our donkeys are headed for the grass.
What is happening is what symbiosis looks like. For every action there is a reaction.
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Hants
” The estimated total pay range for a Police Officer at Toronto Police Service is $91K–$112K per year, which includes base salary and additional pay. The average Police Officer base salary at Toronto Police Service is $105K per year.”
There is a whole conversation around that which goes something like – police pay grade is part of public service policy. You move police salaries, you have to look at nurses and the others. Hopefully Artax or other brainiacs on the blog can shed more light.
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Artax
@ David
I’m not a “brainiac,” but you are correct that “police pay grade is part of public service policy,” and police salaries cannot be reviewed with consideration of the general public sector.
However, the police salary scale begins at P36 and ends at P1, while that of the general public sector begins at Z and ends at S1.
The P scales begin at a higher per annum salary than the Z scales.
Whereas a Police Constable with the requisite number of certificates may earn a salary of $36,610.73 per annum, or $3,050.89 per month……
…… a Clerical Officer with similar qualifications may earn $31,697.02 per annum or $2,641.41 per month.
The Commissioner of Police, for example, earns the same salary as a Permanent Secretary, the Auditor General, Chief Parliamentary Counsel, Solicitor General, Directors of Public Prosecutions, Finance & Economic Affairs, and National Insurance respectively.
Surely if the CoP’s salary is reviewed, the other posts must be reviewed as well.
You also mentioned the difficulties experienced recruiting police officers.
The Police Service motto is, “To serve, protect and reassure.”
Why would a youngster want to join the Service to fulfil the motto’s objective, when he could earn much more money and derive more benefits from ‘serving protecting and reassuring’ his ‘drug lord boss?’
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Artax
***** Should be
…… WITHOUT consideration of the…….
…… that of the general public sector begins at Z38……
The stigma that was once associated with going to prison is no longer a deterrent to crime says Acting Superintendent of Prisons, DeCarlo Payne.
Payne said what was once seen as a mark of shame is now, in some cases, perceived as a “badge of honour” among certain segments of society, challenging the effectiveness of the prison system in discouraging criminal behaviour.
He explained that while the loss of freedom remained a significant aspect of the prison’s deterrent function, broader societal changes necessitated a more comprehensive approach to crime prevention.
Payne noted that traditionally, incarceration was viewed as a severe consequence, one that carried a significant social stigma. The shame associated with being sent to prison, he added, discouraged individuals from engaging in criminal activities. However, Payne said this stigma had significantly eroded over time, particularly among younger generations and certain social groups.
Glorification
“The stigma that was once attached with somebody going to prison seems to no longer be as impactful as before. It’s important to understand that this shift has been influenced by several factors, including the way crime and incarceration are portrayed in popular media, as well as the glorification of criminal behaviour in some communities.
“The result is that the prison system’s ability to deter crime purely through the threat of incarceration has been weakened. What was once a mark of shame is now, in certain circles, viewed as a rite of passage, a badge of honour and this fundamentally alters the role of imprisonment in our society. The term ‘Jailbird’ has now been replaced by ‘Soldier’,” Payne lamented.
This phenomenon, Payne said, complicated the role of the prison system and required a more nuanced approach to criminal justice.
“We must acknowledge that this is not an issue confined to Barbados alone,” Payne said. “Around the world, we are seeing this troubling shift in how incarceration is perceived, particularly among the youth. Instead of being a deterrent, prison is increasingly viewed as a way to gain respect or status within certain groups. This is why we need to approach crime prevention in a much more holistic manner— one that goes beyond simply locking people away,” he added.
While Payne acknowledged the importance of the prison system in removing dangerous individuals from society and serving as a deterrent through the deprivation of freedom, he stressed incarceration alone was insufficient. He underscored the need for a holistic approach that included rehabilitation as a central component of the criminal justice system.
“We have a duty of care to ensure that inmates are safe and secure, but our responsibilities don’t end there. We also have a duty to ensure that we do everything possible to help in the rehabilitative process. This isn’t just about keeping people behind bars; it’s about preparing them for life after prison. If we’re serious about reducing recidivism, we need to focus on rehabilitation as much as we do on punishment,” he said.
Entrepreneurship
The Acting Superintendent of Prisons highlighted the importance of empowering inmates through programmes that focus on education, vocational training and entrepreneurship. By equipping inmates with skills and knowledge, the prison system, he said, could help reduce recidivism, which he identified as a key challenge.
“Empowering them through entrepreneurship, for instance, gives them a chance to take control of their future, to become self-sufficient, and to break free from the cycle of crime. This is where our focus should be – on intervention and empowerment. It’s essential to breaking the cycle of crime and preventing reoffending,” Payne pointed out.
He said the prison system could not function in isolation. He described the prison as “just a cog in a wheel, which was the entire criminal justice system.
“Early intervention programmes, community support systems and educational initiatives are critical components in preventing crime before it occurs. We can’t expect prisons to solve these problems alone. They need to be part of a larger strategy that addresses the root causes of crime.” he said.
Additionally, Payne called for stronger support mechanisms for former inmates, particularly in areas such as employment, housing and mental health services. This includes implementing structured programmes, such as a parole system that offers continued guidance to former inmates, which Payne believes could be effective in reducing recidivism and fostering a safer society.
“A parole system that provides continued guidance, monitoring and support can make a huge difference. It’s about giving people the tools and the structure they need to succeed once they’re out. If we can do that, we’ll see a significant reduction in reoffending,” Payne asserted.
He also pointed to the potential benefits of monitoring programmes that could provide ongoing support and oversight for former inmates as they transition back into society.
The Alliance Owners of Public Transport (AOPT) has voiced concerns over the recently announced plan which states that from September 15, police officers will no longer be responding to minor road accidents.
While AOPT head Roy Raphael acknowledged the merits of the initiative, he highlighted several significant issues which needed to be addressed before the plan is implemented.
“I think the initiative is welcomed by this organisation, I can tell you that. We see it as a step in the right direction” he said, noting it would allow officers to focus on more serious matters. However, he expressed apprehensions about the potential challenges that could arise from this change.
One of Raphael’s primary concerns centred on the role of insurance companies in resolving disputes at accident scenes. He questioned how disagreements between insurance companies over liability would be handled without the involvement of police, who traditionally served as neutral parties.
“My thinking is, how would the police be able to resolve the issue where there’s a dispute between two insurance companies? How do we determine who’s right and who’s wrong?” he asked.
Raphael proposed that the police introduce independent investigators trained in insurance matters to handle these situations.
“Independent investigators that are trained in insurance reporting can respond to these scenes, just similarly to how the police have done over the years,” he suggested. These independent investigators, he argued, would ensure impartiality and help prevent drawn-out court cases, which could result from the absence of police reports in such incidents.
The AOPT head also emphasised the importance of swift action at accident scenes to prevent traffic delays. He called on insurance companies to ensure that roads were cleared quickly following an accident to minimise disruption, especially given the increasing number of vehicles on the road.
The decision to reduce police involvement in minor traffic accidents was announced by the Barbados Police Service as part of a broader effort to streamline their operations and allocate resources more effectively. Under the new plan, police officers would no longer be required to respond to minor accidents where no injuries are reported and where the vehicles involved can be safely driven.
The Police Service stated the change aimed to allow officers to focus on more serious criminal matters and public safety concerns, rather than being tied up with incidents that could often be resolved between the parties involved and their respective insurance companies.
However, the plan has already sparked some discussion among various stakeholders, including insurance companies, legal professionals, and motorists.
While some see it as a necessary step towards modernising traffic management in Barbados, others, like the AOPT, have raised concerns about the potential challenges that could arise.
Additionally, Raphael urged Government to revisit the idea of implementing breathalyser tests in Barbados. He noted that this measure, which has been discussed for some time, was particularly relevant given the reported involvement of impaired drivers in some accidents.
“I think the time has come for the police to seriously look at breathalyser testing in Barbados. It has been reported that a number of the accidents that we are seeing involve drivers under the influence. It is, therefore, relevant to this plan that we are discussing,” Raphael asserted. (CLM)
Road safety activist and driving instructor Junior Jordan believes that while the policy to exempt police officers from attending minor vehicular accidents policy is well-intentioned, honesty among drivers is crucial for its success.
He highlighted that the challenge extended beyond having insurance and valid driver’s licences; it also involved ensuring that all parties involved provide accurate information.
“If a collision occurs, and the law requires you to keep documents in your vehicle, such as insurance and tax papers, the issue arises if individuals cannot produce these documents or [if they] provide incorrect information,” Jordan warned.
To address these challenges, Jordan emphasised the importance of driver responsibility and encouraged a thorough review of all relevant documents.
He said: “With upcoming changes and enforcement by the police, now is an opportune moment for all road users to ensure their insurance, taxes, and licences are up to date.”
Randy Graham, president of the General Insurance Association of Barbados said the policy would not affect insurance companies’ ability to handle claims efficiently.
His additional comments came a day after the new policy’s effectiveness, announced by Attorney General Dale Marshall on Wednesday.
The Road Traffic Accident Investigation Policy will come into effect on September 15 and under this policy, police officers will no longer be required to intervene in minor vehicle accidents.
Graham told the Weekend Nation he was aware of motorists’ concerns, especially in cases where drivers were on the road illegally.
“In instances when there is an insurance policy in place for one of the drivers and not for the other, if the person has a comprehensive insurance policy, then their insurance company will repair the damage on their vehicle if it’s hit by an uninsured driver.
“The challenge comes when you have third-party insurance on your vehicle and you’re hit by an uninsured driver; there’s no other insurance company to go against, so you end up having to take a lawsuit against [the driver] in order to recover your money. So, the policy of non-attendance of the police I’ve seen won’t necessarily change that,” he said.
He reassured the public that the evidence gathered by the auto rescue teams, who were trained by the police, would be sufficient to determine liability.
“If there’s a dispute in that one driver is saying one thing and the other driver is saying something different, and it is not clear who is liable, then we will use the facts taken at the scene by the auto rescue folks for the insurance companies to try to come to some establishment of liability,” he added. ( AL)
Insurance workers get training ahead of new policy
Insurance personnel including auto rescue teams and those involved in roadside assistance have undergone intensive training at the Regional Police Training Centre to deal with accident reports ahead of the roll-out of the new Road Traffic Accident Investigation Policy.
Communications and Public Affairs Officer of The Barbados Police Service, Inspector Rodney Inniss assured the public that the insurance companies which will now be attending to minor accidents instead of the police were fully prepared for the exercise.
Speaking to members of the media on Wednesday at a press conference to announce the launch of the new policy, Inniss said it was conceptualised by the police following extensive research into how it was being operated in other countries.
“So, we set about a series of discussions with the executives of almost all of the insurance companies, certainly those under the realm of the General Insurance Association of Barbados, who’s represented here by Mr Randy Graham, and of course, as I said earlier, Mr Anton Lovell. We had a series of meetings, and we came to the conclusion that it would be beneficial to both sectors that the serious accidents and fatalities continue to be investigated by the police, while the insurance have agreed that the fender benders or the non-injury accidents and the slight injury that they will in fact attend.
“So finally, after much discussion, we agreed and we settled that and recognised that they would need some training, and they’ve requested that, and we provided it. We provided special training for the response teams of the insurance so that the standard of investigations into what has happened and the circumstances would remain at a certain level, and we’re working hand in hand with them.”
Inniss also noted that “all statistical data, all accidents that they attend, which are the slight and the non-injury, will be recorded, for the Barbados Police Service”.
The officer further revealed that information and data related to accidents which were collected annually would still be collected.
“So it’s nothing new, it’s something all over the world that insurance companies do, investigate accidents, because that’s what you pay your premium for.
Police response
“So with all of this, we will not stand aside, there will still be certain circumstances which the police will respond to, certainly if there’s a breach of the peace at the scene, if the drivers do not do as what is required by the law, exchange their information, if you have persons who are maybe under the influence or misbehaving themselves and there’s a need for the police to respond, they will.
“If the scene is blocked because let’s say it’s an overturned vehicle or a spill of bricks or something like that, police will only respond to deal with the obstruction at that scene, we just want to make that point clear. The insurance companies will still respond to deal with the actual event, but we will respond to deal with the obstruction itself.”
Meanwhile Randy Graham, President of the General Insurance Association of Barbados urged the public to support the initiative which rolls out on September 15.
Regarding what they should do when an accident occurs, he said video and pictorial evidence would be important as he explained that the process would be to: “Pull your car to the side of the road, exchange information, all that is required under the Road Traffic Act and call us at the insurance companies.”
In case of uninsured vehicles, he said in such instances persons have broken the law and will be dealt with accordingly.
“The public can rest assured that that’s not impacted by this circumstance. If there’s an uninsured vehicle that hits you, the police will deal with that situation, it’s not an issue. The insurance company will settle the claim in the same manner, the manner that the insurance company will always settle a claim.”
Graham stressed that the new policy would call for a change in how accidents were originally handled.
Claim
“You’ve been accustomed to hearing, don’t move your car until the police come. Now, we are saying it’s okay to move the car to the side of the road and call the insurance company. That will not impact your claim. But, we are relying on the public to be truthful at the scene. Please state the facts of the accident. Stick to the facts as best as you can.”
Pointing out that the insurance companies pay out between $85 and $90 million to clients for accidents every year, Graham said 90% of those accidents do not require police support.
“Ninety per cent of those accidents are paid within a few weeks without any intervention necessary by the police because the accident is determined between the statements from the two drivers. And therefore, many times the police are at the scene and they take measures and reports that are not required and that’s why we think the better resources could be used in other places,” he stated.
Graham later told the media that the insurance companies would also propose being allowed to carry beacons on vehicles responding to accidents to ensure that they were able to respond promptly.
The police will also be undertaking a public relations campaign to inform the public about the roll out of the new policy. ( MB)
Source: Nation
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Bush Tea
Will the next logical step be for our police force to stop responding to simple house breaking, where no one gets hurt? Surely the Insurance companies can investigate those too..
How about the time wasted on domestic quarrels? perhaps we can train the home help assistants from the Welfare Dept to deal with those…
Shiite, wuh even murders don’t seem to be any big thing now, especially when it involves young boys on the block. Next we may hear an announcement that the appropriate funeral homes will be trained to do THOSE investigations.
This whole shiite place is SICK yuh..!!
First they stopped investigating CLICO criminals… Clear criminals walking bout here free as shiite….
Next, they were too busy to follow up on CLEAR indications of illegal activity highlighted by the Auditor General EVERY DAMN YEAR.
The DPP and police have for YEARS shown NO interest in OBVIOUS political theft – such as Donville’s crime, Clear Water, the HOPE scam, STEAL housing, or political bribery – except to harass a parro who stole a crooked cheque for $7500.
It is EASY to understand why the politicians would want the police to ‘stand down’ from public involvement. After all they HAVE to feel a way about harassing John public about insurance – when $50 million remains to be explained from STEAL housing alone… not to mention World Cup, and the HOPEless scam…
What is more difficult to grasp is why our POLICE seem to be so ‘in tune’ with this folly.
When New York was a crime mess, what worked was police SATURATION, not pulling back from public interaction.
In Singapore, police are even interested in people leaving chewing gum in the damn street – far less traffic incidents and missing $millions from their treasury.
But we HERE want to PLANT shiite, and then complain that we are ONLY reaping jobby…
What a damned place…
What a CHANGE in the last twenty years…
What a curse.
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The OG
Are we willing to admit it?
We have lost control? The announcement of new initiatives, of tinkering with different systems including court, police, QEH and thousands of houses are all going through one ear and out of the next for both good citizens and criminals. No one believes what is said.
The administration is already ware that it has lost control.
We see them tinkering with laws that to help close the door of the pen. I predict that at some stage, only when things are completely out of control, we will see a new constitution that is full of severe and harsh measures. The polite conversations that the CRC had will all be discarded and a Draconian constitution imposed.
Hell approaches.
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The OG
So I get in a collision with one of my friend in here say 000. Suppose we are insured by two different insurance companies who do we call? His guy or my guy?
I am telling you this.. I don’t want 000 guy as I know 000 will full his ears with lies.
We are already aware that insurance companies despite what figures they produce or claim are reluctant to pay claims. Putting these companies in charge of accident investigation is having foxes guard the hen house. It will not surprise me when all parties in an accident are found responsible and have to repair their own vehicle.
My title is somewhat provocative, but the Employment Rights Tribunal was faced with this issue in its recent decision in the case of Hoffman v Court Caribbean Law Practice.
The Tribunal had to decide whether Ms Hoffman, a transgender woman, could successfully claim that she had been dismissed on account of her gender (her transgender) in breach of section 30 (1) (c)(xi) of the Employment Rights Act (ERA).
In general, all rights and protections conferred on employees by virtue of the ERA and other labour legislation make no express distinction between whether an employee is male, female or transgender. Consequently, all employees enjoy the same rights and protections. However, this recent Tribunal decision suggests that transgender employees may have “one less protection” than other employees, i.e. they may not be able to successfully claim a remedy for discrimination or dismissal based on gender pursuant to the Employment Prevention of Discrimination Act (EPODA) or under the ERA respectively, due to how existing legislation define (or fail to define) gender.
While the issue of gender fluidity has been the subject of much debate for the past few years, the issue has not been dealt with frontally, particularly in relation to a gender fluid employee. I applaud Deputy Chairman Kathy-Ann Hamblin, S.C. for choosing to comment, albeit obiter, and in great detail on such a touchy issue. The decision is likely to be controversial. While I don’t agree with all her conclusions, I cannot fault the reasoning of the deputy chairman which she supported by her reference to several pieces of legislation and conventions.
There are many aspects of this decision on which I wish to comment, but my 700-word limit will not permit me to do it in one article. I will give a brief summary of the facts leading to the Claimant’s cessation of employment, but you should read the decision for more details.
The Claimant was born male but identified as a transgender woman, which eventually became known to her former employer (the Respondent) early in her employment. She was employed by the Respondent for the better part of 4 years, except for a brief period in 2017 where the Claimant resigned, but was later re-hired. The main issue arose after Ms Hoffman legally changed her name to A. Hoffman and asked to be only addressed by that name and by female pronouns (she, her etc.).
Her employers appeared agreeable to the former, but not the latter. The relationship between the parties broke down sometime thereafter ending in a hostile exchange and standoff in October 2019, where the Claimant hung up the phone on her employer. The claimant never returned to work and the employer never called her back.
The Tribunal had to decide (1) whether the Claimant filed a claim for unfair dismissal with the labour office, and (2) whether the Clamant was entitled to compensation for dismissal based on gender. The first issue reveals the defect in the procedure used at the labour office for receiving complaints for unfair dismissal. Unfortunately, there is no standard form an employee is required to fill out when making a complaint for unfair dismissal.
Nor is the employee given a copy of any notes taken by the labour officer at the time his or her complaint is given verbally. This can create issues where the employee and labour office dispute what was said or dates the employee may have made the initial complaint. This was a major issue in this case and this is not the first Tribunal case where such a dispute arose. In her judgment, the deputy chairman called the Labour department’s practice for receiving and recording complaints “wholly unsatisfactory” and recommended that “the Labour Department review its policy as a matter of urgency if it is still being observed”. I have had clients who also experienced issues with this practice. I therefore agree with the deputy chairman’s comments.
Next week, I will delve into the Tribunal’s reasoning on why the claimant’s claim for dismissal based on gender would have failed.
Michelle M. Russell is an attorney with a passion for employment law and mental health.
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