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.
The blogmaster understands the matter Everton Cumberbatch versus Larry Tatem, Leroy Parris and Johnny Cheltenham is finally set down to be heard on January 26-27, 2022 in the Barbados Courts. For those who have not read the previous blogs – see links below – this matter was filed in May 2008. Let that sink in!
Although former President of the Senate Johnny Cheltenham whose brother is the Chief Justice was removed from the list of defendants, a matter is pending with the Disciplinary Committees to determine his involvement in the case and if it warrants him being sanctioned and handed to the Court of Appeal for review. The blogmaster understands Cheltenham’s lawyer, one Alrick Scott, attempted to broker a deal to have a document signed that would have shielded Cheltenham in the pending matter. O what a tangle web we weave when we practice to deceive.
One must ask why this matter was permitted to bounce around judges chambers with Justice Sonia Richards the only one to give attention to the matter. One presumes Justice Cornelius would not have had the appetite because it is known she and husband Ralph were privileged to have attended Cheltenham’s wedding in Miami a few years ago and presumed to be friends.
The blogmaster along with interested onlookers await the oral hearing come January next year AND the outcome of the Disciplinary Committee hearing. In Barbados it is known that justice is often delayed and delivered at the slowest pace BUT ultimately a judgement has to come if the persecuted perseveres.
Previous blogs on the matter of Everton Cumberbatch versus Larry Tatem, Leroy Parris and Johnny Cheltenham.
The embedded letter dated 30 January 2019 was sent to the Registrar of the Supreme Court in the matter of Civil Case 99 of 2016 – Clico International Insurance Company (under judicial management) Claimant vs. Leroy Parris First Defendant, Branlee Consulting Services Inc Second Defendant and Estate of David Thompson (acting through duly appointed Personal Representative Marie Josephine Mara Thompson) Third Defendant by senior lawyer Vernon Smith Q.C.
The blogmaster has been reliably informed that to date the Registrar of the Supreme Court – paid with tax dollars – has not seen it proper to reply to the letter. Many in this space will read the letter and be happy to focus on the minutiae of the several issues exposed in the content. The more sensible critique should be the breakdown of the justice system in Barbados. A simple letter to the Registrar that should have triggered a routine response in a 7-day period has stretched to six months. This is not an isolated case.
Today the blogmaster listened to Senator Caswell Franklyn in the Upper Chamber outline the horrific state of the public service. We have to wait for 6 weeks for garbage pickup, we have to tolerate a fleet of 60 buses to serve the country… more importantly we do not have a clear strategy for waste management. This week so far we were subjected to the Commissioner of Police Tyrone Griffith and the Registrar of the Court Barbara Cooke-Alleyne expressing public disagreement.
CLICO’s Leroy Parris approved a payment to Thompson & Associates on a false invoice
The Deloitte CLICO Forensic Report exposed to the world that a cheque for 3.333 million dollars was paid to Thompson & Associates by CLICO for legal services rendered. The invoice to support the payment was found to be a ‘false invoice’. Maurice King (lawyer) is listed on the fake invoice as providing a watching brief in matters related to Abarco versus Grant Hotels Limited for $250,000. Maurice King is on record denying he provided the service itemized on the (fake) invoice.
Further, in the Forensic Report which was recently unsealed by Justice William Chandler, the former group financial controller, and at the time of the audit, President and CEO of Clico Holdings Barbados Limited Terrence Thornhill confirmed to the Deloitte Auditors the following – “He believed that the creation, approval and submission for payment of a false invoice to facilitate a significant payment from CIL to Mr.Parris’ benefit (via PFS) and to conceal its true nature was an acceptable transaction” (Deloitte’s Forensic Report p.14).
Barbados Underground (BU) sincerely submits there is enough information for Director of Public Prosecutions to ACT!
Since his assets were frozen by the court, the former CLICO boss has lamented that he had been experiencing hardship – Leroy Parris (BT)
The mouth of Mr. Hal Gollop, lead lawyer for Leroy Parris, has been running like a sick nigga botsy of late. His protestations about client Leroy Parris are easily accessed on a weekly basis in the traditional media. How convenient when lawyers and traditional media hide behind the cloak of sub judice to keep the masses ignorant. Our mistake, this is only an interlocutory matter still to be heard!
The CLICO issue is complex and must be delineated within the boundaries of what is legal, moral and political to intelligently inform discussion. Parris and his legal Senior Counsel (SC) to be may yet win the battle to be staged very soon in a law court near you if Gollop’s constitutional motion succeeds, however, the fallout caused by political and moral outrage continues to gain momentum. It appears certain the CLICO issue will bury the political ambition and stain the legacy of the Democratic Labour Party (DLP) for eons to come. It rides the back of this government like the proverbial Albatross.
There is a heavy focus on the role former Chairman of CLICO Holdings Barbados Limited Leroy Parris played in the demise of the company. The revelations to be found in the CLICO Final Forensic Report UNSEALED should make sensible Barbadians feel ashamed. A listen to the contribution of Edmund Hinkson to the 2015-2016 Estimates Debate would have cemented the feeling. Hinkson was relentless in his assault of the Speaker of the House Michael Carrington by highlighting the immoral act of withholding client’s monies for several years until ordered recently to pay by a Barbados High Court. During the assault Michael Carrington occupied the Chair. What a farce!
The other embarrassment Barbadians have to suffer is to observe prominent members of society who served as directors on the Board of CLICO Barbados allowed to go about their business without being called to account. One of many functions a Board of Directors has, is to ensure a robust governance framework is established to guide quality decision-making by the management team. Reconciling the findings of the recently unsealed forensic report and the role of the Board of Directors continues to be a challenge if the CLICO mess is to be viewed through a corporate governance lense.
BU seeks clarification, in the public’s interest, on a 5 millions dollar deposit listed on an asset disclosure to the Barbados Court in an Affidavit filed by LEROY PARRIS to overturn an order freezing his assets and those of Branlee Consulting Services Inc. BU is unaware the Central Bank of Barbados is authorized to accept deposits from individuals. Last week David Ellis, a friend of Governor Delisle Worrell, asked the same question on national radio. To date the question, not surprisingly, remains unanswered.
In May 2012 BU posted on the matter Everton Cumberbatch Versus Leroy Parris, Larry Tatem and Breakers Investment IncCase number”2008/770. Arising from the law suit one gleans that Leroy Parris has access to monies which he is the beneficial owner lodged in offshore accounts totalling in the million of dollars.
In todays Sunday Sun we learned of a case where Leroy Parris has applied to the High Court of Barbados to overturn an order freezing his assets and those of his company Branlee Consulting Services Inc. In his Affidavit to support the application Parris listed assets as a residence at #8 Dayrells Heights, St. Michael valued $3.5 million; property at #243 Crystal Heights, St. Michael $1.5 million; Lots #’s 403, 404, 601, at Crystal Heights valued at $1.5 million; Lot 7 Dayrells Heights valued at $450,000; three lots at #’s 17,18,19 at Sentinel Gardens. Barrack, Christ Church; and lot 15 at Westmorland, St. James valued at $2.2 million. In addition accounts were listed at Scotiabank and the Central Bank totalling $12 million dollars.
Embattled Leroy Parris flanked by Chis Sinckler, minister of finance and Hal Gollop QC, Parris’ lawyer on the campaign trail in 2013
The failure of CLICO and other failures in the Eastern Caribbean require regional governments to implement a whistleblower policy. It is evident regional regulators are more committed to managing within national boundaries therefore pan Caribbean companies will continue to be a challenge. BU believes a whistleblower program facilitated by Caricom can act as an ancillary mechanism to support the function of moribund regional regulators. The lack of labour mobility in the Caribbean means individuals are not motivated to risk personal financial hardship and victimization in the name of doing what is ethical and moral.
The following comments were posted in another forum by individuals purporting to be Neval Greenidge and Larry Davis, both former CLICO executives. There is always the case to question the motives of former employees in a situation like the one unravelling with CLICO. In light of what has transpired all actors who played a part should be clinically interrogated to accurately piece together the truth behind the demise of CLICO Barbados Holdings and subsidiary companies.
Former Prime Minister David Thompson (l) Former Chairman CLICO Holdings B’dos Ltd rumoured to be local partners in Cost-U-Less
The news that the Deloitte Judicial Manager has taken action to recover $3.3. million dollars paid to Leroy Parris via Thompson & Associates has flushed out Laroy Parris and his credentialed lawyers Hal Gollop QC and Vernon Smith QC. BU will not be side-tracked by the theatre that will be orchestrated around this matter about how $3.3 millions dollars found its way into the deep pocket of former Executive Chairman of CLICO Leroy Parris. What some of us want to know is if there is consensus the invoice generated to support the $3.3. million payment is legitimate and whether taxes and relevant laws have been honoured. Does Parris and his lawyers dispute the findings of Deloitte Judicial Forensic Report on the matter?
A story that is a blight on the landscape of Barbados and will never grows old – Blogmaster
Dear Mr. Leacock,
I am a citizen and taxpayer of Barbados. I am also a pension actuary.
My fundamental responsibility, as an actuary, is to provide services skilfully and competently, to operate with integrity, and to uphold and protect the public trust. I believe your chosen profession has imposed similar responsibilities upon you. By definition, therefore, whenever the public trust is involved, your objectives and mine are always convergent.
For the past couple of years, I have watched in dismay as pieces of information doled out for public consumption revealed how a major life insurance company operating in Barbados was stripped of almost four hundred million dollars of its assets.
Barbadian observers have recoiled in sheer disgust and anger as evidence from reliable sources suggest that our laws were systematically and disdainfully trampled by a group of persons, some of whom masqueraded as executive managers of the ill-fated insurance company, and some of whom pretended to be statesmen.
In the business section of BBC of 19 June 2013 there was a headline Deloitte gets one-year New York ban. In the world of global finance it represented a routine report given the vagaries of how business is done today. Then it dawned on the author to question – why is it regulators in Barbados are never driven to censor the entities which they regulate? Is the corporate climate in Barbados so principled as to avoid the censure from those with oversight?
Then there is the association to be made between Deloitte, who is the Judicial Manager of CLICO and PriceWaterhouse (PWC), who acted before as external auditors for CLICO Barbados. Why have we not been asking robust questions of PWC? It seems all of the focus has been directed at Leroy Parris, and yes he should be held to account given his fiduciary role. However, if we want to fully prove what led to the demise of one of the largest privately own conglomerates in the Caribbean, we need to cast the net far and wide.