The matter covered by Barbados Underground for more than a decade between Sir Richard ‘Johnny’ Cheltenham versus Everton Cumberbatch continues to play on the civic minded among us- see BU Archives. The blogmaster has a problem with a very senior lawyer AND elder of the governing Barbados Labour Party (BLP) continuing to be selected for important national appointments while a serious complaint is pending with the Disciplinary Committee (DC). It is instructive to note the DC is blocked from doing its work- if it had any intention of doing so- because Cheltenham has been granted an injunction pending the completion of an application of a judicial review as reported in the Nation as follows:Continue reading
Category Archives: Law
Johnny Cheltenham Files Injunction AGAINST Disciplinary Committee
The blogmaster takes a note that Sir Richard Cheltenham continues to perform in the role of Chairman of the Parliamentary Reform Commission (PRC). The blogmaster has no issue with the quote attributed to him in yesterday’s media – “We have inherited a bicameral system; a House of Assembly and the Senate, but now we have to ask ourselves whether we should continue that system or whether we should have one chamber; a unicameral [system]…We’ve always used the first-past-the-post system that gets most votes at the polls to determine membership but there are questions about whether a mixture of first past the post and proportional representation. . . all of those questions will be on the agenda and have to be carefully considered”. It is important work and hopefully the PRC will deliver on its mandate.
What the blogmaster has a problem with is the fact Sir Richard Cheltemham has a matter pending with the Disciplinary Committee of the BAR association. Several blogs have been published on Barbados Underground (BU) through the years directing the public to matters requiring answers from Cheltemham and local authorities without success. BU also questions those who agree to sit on a committee with Cheltenham with serious accusations outstanding waiting to be ruled on by the Disciplinary Committee of the BAR. Further, BU questions why a Mottley government advocating a political agenda of good governance and integrity continue to appoint persons who are being investigated for possible wrongdoings.#peterodleContinue reading
Lawyers continue to undermine our freedoms
An interesting news item this week centred around Prime Minister Mia Mottley who continues to loom large on the local, regional and dare twe suggest the international stage? Mottley has attracted the ire of some in the legal community for suggestions made at the recent Regional Symposium: Violence As a Public Health Issue organized by CARICOM.
We need to start rotating judges and magistrates in the region to ensure that there is not the familiarity with counsel and other circumstances and things that people take for granted.Mia Mottley
Who better than Mottley to understand some of the challenges our legal system continues to pose. She has been immersed in the moribund system for all of her life and if caught in an informal conversation after a stiff drink and a ‘smoke’ may admit she has been a contributor to the flawed system over the years.Continue reading
Caswell Franklyn Speaks – Constitution or no Constitution?
For some time I have been hearing a person on social media proclaiming that Barbados does not have a constitution. Normally, I would listen in amusement and take it for the comic relief that it provided but now it is no longer funny. It has potential to become dangerous and reckless as I am now hearing others expressing disrespect for the court system because they are also parroting the nonsense about this country not having a constitution. I am concerned that Government has not attempted to clarify the situation and has allowed this dangerous nonsense to take root.
In September 2021, Government brought a bill to Parliament entitled:
An Act to alter the Constitution in order
(a) to provide for Barbados to become a republic with a President who shall be Head of State of Barbados; and
(b) to provide for related matters.
It might have slipped pass many but one of the related matters was legislating, for the first in the Barbados Parliament, a constitution for this country. The original independence constitution of Barbados was never passed in our parliament, it was merely a schedule to an order in council, the Barbados Independence Order, made by Queen Elizabeth II.Continue reading
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.Continue reading
The Changing Dynamics
The author’s name withheld at the discretion of the Blogmaster – David
Man makes plans not knowing the plans God has already made or how he will bring his plans to pass. Six things have occurred recently in Barbados that may change the path of our trajectory.
With the deadline for the Trident ID being April 1st there has been an increase in anxiety in the general population.
With a background in gun violence during the past decade, suddenly, the gangs have made a truce and all the deaths by gun fire have stopped.
Then a week ago, some of the former wards of the Girl’s Industrial School won their case and the wandering laws under which they were institutionalized were deemed unconstitutional and struck off the law books.
The very next day, the country learnt that the government had passed the Barbados Identification Act two years earlier in 2021 to restrict freedoms and the ability to vote by citizens. In essence, it appears as though the wandering laws had been replaced by a plantation pass (Trident ID card) proving that plantation slavery is alive and well in Barbados.Continue reading
Politicians and lawyers continue to laugh at we
In yesterday’s press there was a reminder of Richard ‘Johnny’ Cheltenham’s appointment as Chairman of the Parliamentary Reform Commission (PRC). The mandate of the PRC according to Attorney General Dale Marshall at a recent press conference is to review the structure and function of parliament.
The other news of interest was the Barbados Bar Association (BBA) calling for action from government to address “issues affecting the rights of persons in police custody…protocols governing the conduct of attorney’s confidential communication with accused persons’ (Nation newspaper 13/02/2023). The BBA was reacting to the discovery of a cellphone in recording mode found in the interview room where attorneys at law interview clients.
The Barbados Labour Party (BLP) in its 2018 Covenant of Hope states at item number 3, ‘The Barbados Labour Party stands for good and transparent governance’. Similarly under Aims and Objects item (g) of the Guidelines of the Barbados Bar Association (Chapter 363) it states- ‘To settle questions of professional conduct, discipline and etiquette’.Continue reading
Who Johnny Cheltenham think he is?
Last week the government promised to make another attempt to enact The Integrity in Public Life Bill. Our honorable members of parliament from the two main political parties have been promising Barbadians integrity legislation since the mid 70s. And they say a promise is comfort for fools.
On a blog posted 24 January 2023 with the title Doyen of the Political Class Attorney at Law Sir Richard Cheltenham Ignores the Court, we were reminded the prominent among us can ignore the laws of the land. If they are members of the political directorate all the more influential in flouting the law.
How can a former minister of government and former Queens Counsel now Kings Counsel (Senior Counsel) ignore a summons from the entity responsible under the law for hearing disciplinary complaints? Who Johnny Cheltenham think he is? For the record, Richard ‘Johnny’ Cheltenham is the brother of Patterson Cheltenham, CHIEF JUSTICE OF BARBADOS.
SIR Richard Cheltenham would have received a summons mirroring the document below.Continue reading
Doyen of the Political Class Attorney at Law Sir Richard Cheltenham Ignores the Court
Submitted by 4Justice
Has Sir Richard Lionel Cheltenham KA., KC, Ph.D been called by the Disciplinary Committee of the Barbados Bar Association for grave professional misconduct and is in breach of 22 of the clauses of the Legal Profession Act?
The Barbados legal eagle was ordered by the disciplinary Committee to submit a sworn affidavit to the complaint #31 0f 2020 and appear for the hearing of the complaint. How could such a case escape the media when other attorneys in breach with the same professional misconduct are being prosecuted and imprisoned?
Scott informed the committee that the Sir Richard, summoned called by this court, with status and authority of the High Court, will not be attending the second hearing in March.
What are we doing about importation of drugs, guns and violent crime?
Another three weeks to finish 2022 and the murder on the weekend pushes the year to date recorded number of murders to 41 which equals 2020. The state of violent crime in Barbados in recent years brings the 48 murders recorded in 2019 into play. Of deep concern to the blogmaster is the inability of the leadership in the country to effectively address the problem.
Last week the blogmaster read about 140 murders recorded by The Bahamas and it is no secret Jamaica has been declaring state of emergencies as a measure to arrest the murder rate for over 50 years. The outlook does not look good for Barbados that we will be able to reduce the murder rate using regional trending as the basis of conclusion.
The scourge of drugs is generally accepted as feeding criminal activity in Barbados – specifically gun crime. Further, we have the untouchables operating in the shadows of society who pass as upright citizens responsible for financing the importation of drugs and guns. The blogmaster is sure, very sure there is collusion between various actors in the first, second and third sectors of Barbados. For some reason a video of then Opposition Leader Mia Mottley posing with certain characters come to mind. What are we doing?
We (the people) must speak up.Continue reading
Jail Dishonest Lawyers BUT …
Guns and More Guns – Murder Statistics January to October 2022
The young and the reckless are having access to guns at an “unprecedented” level, with police admitting they have “not yet touched the surface” on the issue.Attributed to Assistant Commissioner of Police Erwin Boyce
From QC to KC, all this talk bout going Republic too
There is, perhaps, no greater call upon citizens anywhere than to act with pride and industry. It is, therefore, a blessing that those words, pride and industry, consummate our national motto. Herein, we discuss the role ‘titles of honour’ play in spurring a country’s productive forces. Firstly, by discussing a seemingly small debate within legal circles with immense import for us today and our future.
Queen’s Counsel are Queen’s Counsel under the ‘Crown in right of Barbados’ whose artefacts are, for all practical purposes, grandfathered within Barbados’ constitutional fabric. Arguably, this great colonial “reservation” within our republican system allows Queen’s Counsel to retain said titles since they were conferred upon them personally at that time.Continue reading
Why was the information leaked is the question
The member of parliament for St. Michael West Neil Rowe was this week charged with rape, it has been widely carried in the social and traditional media. The fact that statement details given to the Barbados Police Service (BPS) by the victim was leaked is also of interest. It is the second time in recent weeks the BPS has been accused of a breach in confidentiality. The blogmaster agrees with those who opine the BPS will find it challenging to carry out its job in the circumstances and must hastily address the matter.Continue reading
Problem: Landlord vs Tenant
A story carried in the Nation newspaper with the headline NHC Evicts Tenant on the 29 September 2022 caught the eye. The tenant was evicted after falling $100,000 in arrears. It became a court matter in 2014 and a court order was issued by the Barbados Court of Appeal to evict handed down in April 2022 according to the report. The report suggested the tenant felt comfortable racking up the rent because she was a close friend of a politician affiliated with the government of the day. for sure other reasons are at play.
There are several issues inquiring minds should want to unpack arising from the report.
We understand a culture of nepotism operating in Barbados is entrenched to the point it is defended as a right of practice. That a tenant would feel emboldened to occupy a taxpayer subsidised housing unit since 2011 and refuse to pay a single cent in rent is probably the tip of the iceberg. Let us not forget the decision government took regarding squatters at Rock Hall in order to be politically expedient.
- Why did the case take 12 years to reach a point an eviction order was finally issued by the Court of Appeal in April?
- What does it say about inefficient processes required to seek justice?
- What does it say about how the NHC as agent for government prosecuted the matter?
- Who dropped the ball in this matter to the point taxpayers are left holding the bag to the tune of $100,000 plus legal and other cost incurred with the case?
- Stories are heard daily about the grief landlords have to endure with uncooperative tenants. If the government had to initiate a 12 year process and tens of thousands dollars to evict a single tenant, what hope is there the process will be less accommodating for John Citizen?
- One suspects there is more to the matter detailed in the Nation newspaper – isn’t there enough historical information to support we have a problem?
A problem that can be defined by the sloth of government bureaucracy, a moribund justice system AND a citizenry unwilling to actively exercise its civic duty.
See Nation article.
NHC evicts tenant
Almost $100 000 in arrears, says state-owned entity
by MARIA BRADSHAW
A WOMAN WHO OWES the National Housing Corporation (NHC) close to $100 000 in rental arrears accumulated over a 12-year period, was finally evicted yesterday from the unit she was occupying at Country Park Towers, Country Road, St Michael.
Court marshals swooped down on the third storey unit early yesterday morning and began moving out furniture and other household effects in the presence of the woman and her daughter.
The rental arrears is said to be the most owed by a tenant in recent times.
Last April this newspaper reported that the NHC had won a judgement in the Court of Appeal for $86 000 against the delinquent tenant for the outstanding arrears while the court had also granted the state owned entity permission to take possession of the unit. Since then the arrears had continued to increase and was said to now be at $94 000.
When contacted about this matter, the NHC issued a statement through its public relations department indicating that the action, though unfortunate, was unavoidable.
“The eviction process this morning was carried out by court marshals in accordance with a court order issued. This has been an ongoing legal matter dating as far back as 2014, when the court originally granted an order for eviction as a result of outstanding arrears. At that time, the tenant was granted leave to appeal the order. However, she took no further action and the court reinstated the order last year. This process was completed today,” the statement read.
It added: “This is an unfortunate situation, one which we at the NHC worked hard to avoid, as we normally do in these circumstances. Long before this became a court matter in 2014 our finance department sent numerous statements advising of the outstanding arrears. Several letters were also sent and many calls were made to the tenant in an attempt to come to a suitable arrangement to settle. These are steps the NHC ordinarily take when clients are in arrears. However, during this time the tenant made no attempt to cooperate with us either by making payments towards the arrears or rent. Evictions are not taken lightly by the NHC, especially in these times. This is definitely not the route we wish to take. We tried everything in our power to come to a mutual agreement to avoid what eventually unfolded today.”
Reports indicate that the woman moved into the high rise unit in 2011 shortly after it was built but never paid a cent of the $207 weekly in rent even though she was gainfully employed.
Sources revealed that when summoned to a meeting at the NHC, the woman had indicated that she was “a very close friend” of a politician from a previous administration and was recommended by that person to occupy the unit.
A source said following last year’s court order the NHC served notice on the woman to vacate the premises but she did not move out, which forced them to go to the chief marshal for possession.
The source further revealed that the woman’s possessions which were taken away by two trucks yesterday, would be marked and placed in storage and she would be given an opportunity to collect them.
Speaking on this matter back in 2020, George Edghill, deputy chairman of the NHC board, had pointed out that when the new board was appointed in June 2018, the tenant was already in arrears of over $55 000. He said the board had at that time instructed the legal department to
take all appropriate legal action to repossess the unit.
Yesterday an NHC official reiterated that while the NHC always worked with tenants who were going through financial hardship, it would not tolerate tenants who were employed but refused to pay rent.
During the court proceedings the NHC was represented by attorneys Roy Alleyne and Nicole Gibson while Kings Counsel Michael Lashley appeared amicus curiae for the tenant after her attorney Denis Headley asked the court for leave to withdraw.