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Tales From The Courts – Part I
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Tales From The COURTS – Part II
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Tales From The COURTS – PART III
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Tales From The COURTS – Part IV
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Tales From The Courts Part V – Chief Justice Marston Gibson Scores An F In Year One
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Tales From The Courts Part VI – Madam Justice Issues Order to a Dead Person
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Tales From The Courts VII – Exposing ‘Teefing’ and Incompetent Lawyers
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Tales From The COURTS VIII – Justice Elneth Kentish v Businessman Joseph Jordan
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Tales From the COURTS IX – The CLICO AFFAIR Involving the FSC and the BIPA
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Tales from the Courts Part X – John Doe v. Sgt Vernon Waithe
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Tales From the Courts Part XI: Sir Frederick Smith Attacked by Nation Editorial – when hypocrisy becomes high camp
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Tales From The Courts &ndash XII;Barbados Bar Membership Revisited – Registrar and Sir David Simmons, Wilfred Abrahams Exposed
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Tales From the Courts – Judges Fiddling On the Bench Assisted by Registrar Marva Clarke Part XIII
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Tales from the Courts – Madam Justice Cornelius Delivers on the Dr. Richard Ishmael v QEH Matter, FINALLY Part XIV
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Tales From the Courts – Marva Clarke Gone: Oh Happy Day Part XV
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Tales from the Courts – The Record of Chief Justice Sir Marston Gibson Part XVI
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Tales from the Courts – A lucky Dip into the Decisions of the Barbados Court of Appeal Part XVII
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Tales from the Courts – Mars(ton) and Pluto Were Inside the Closet Part XVIII
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Tales from the Courts – Sir Marston Gibson a FAILURE XIX
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Tales from the Courts – Arresting the Slide XIX
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Tales from the Courts – No Excuses Says Former Judge XX
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Tales from the Courts – Has Chief Justice Gibson Brought the JUSTICE System into DISREPUTE? XXI
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Tales From the Courts – Bar Association Complicit XXII
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Tales from the Courts – Chief Justice Marston Gibson Puts Foot in Mouth XXIII
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Tales from the Courts–Justice Jacqueline Cornelius Makes Speaker of the House Michael Carrington PAY XXIV
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Tales From the Courts – The Idiocy of Chief Justice Marston Gibson XXV
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Tales from the Courts – A Tale of Woes XXVI
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Tales From the Courts – The Ongoing Saga of Chief Justice Marston Gibson XXVII
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Tales from the Courts – “THE OTHER SIDE OF THE KINGSLAND ESTATES MATTER” and “THE SECRETIVE WORLD OF PETER ANDREW ALLARD” XXVII (Update)
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Tales from the Courts – Alair Shepherd’s Butt EXPOSED XXVIII
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Tales from the Courts – The Ongoing Saga of Donald Best, Peter Allard and Marjorie Knox’s Claim to 1% of Barbados XXIX
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Tales from the Courts – Adriel Brathwaite #bajanswantchange XXX
75 responses to “Tales From The COURTS”
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Interesting.
In what could be a first in Barbados’ judicial system, Justice Elneth Kentish yesterday removed herself from the case Coach House Limited versus Joseph Jordan III, informing the No. 12 Supreme Court that she had referred the case to Chief Justice Marston Gibson for a new date because she would also be commencing litigation
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Interesting times Hantsie!
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It is interesting to hear Lashley critiqing the justice system. Of course BU has laid bare the matter on several occasions.
http://www.barbadostoday.bb/2013/01/22/lashes/
Unfortunately in a debate in the House last week Lashley was full of praise for Director of Public Prosecutions Leacock who is part of the problem of an inefficient justice system.
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On the “Welcome” site could not be responded any more, so we take the liberty to place a word over here.
It is nice to have people speaking out. To a democratic system this can only give that system life by making sure that different opinions can be spoken out and that people have the opportunity to go into discussion in a friendly manner, respecting each liberty and freedom of speech.
In all circumstances there should be a “search for the truth” and a “defence of truth.” People sharing their thoughts and giving the right to reply is one way of providing discussion ground and a ground for lying open the reality of what happens or happened.
In certain countries actions should come from “underground”, but to be democratic they may never be “under” or “below” the ethical grounds. We do hope you are willing to represent matters as they also can be proven to be so, and in an honest opinion. Always taking care that no corruption can creep in and everybody knows from which point of view something is looked at.
Good luck with your writing.
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Public sector reform??? How about a public officer, in relation to the sale / auction of land, saying that ‘no court can tell him what to do/’, while the ownership of the land in question is in court dispute?
How about, contrary to court order and in contempt of court, a person can sell property that is under court dispute, and get the money to his new location, Florida? This happened.
With no reaction by said court? How is this ENABLED?
As your lawyer Amused says, the legal system is broke, and there are those who know ‘how’ to get things done, however THAT is.
Mr. Editor, I have a story to send you, when the appropriate time comes.
And it shows the ineptness of the courts at dealing with some who literally holds them in contempt, and a query as to enablement by public officials who themselves need investigating. And lawyers, what lawyer presides over a sale he knows is in contempt of court?
There are people who need investigating, no mind the person who was able to hoodwink and scheme to avoid court orders in Barbados, was himself investigated by the FBI previously, for money laundering.
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Very interesting, you may send details so that we can investigate further and get BU’s legal eagles, of which there are quite a few, to have a look.
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Wow, superb blog layout! How long have you been blogging for? you made blogging look easy. The overall look of your web site is great, let alone the content!. Thanks For Your article about Tales From The COURTS | Barbados Underground .
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I love this website this is my first time visiting. I find that the high court of Barbados is just for government workers. I have a case there where that the judges are being bias because the other party is a police officer. then Mr marston Gibson made a court order that was actually stopping me from getting a job. I mean recession is in but I would have had the jobs if this particular court order was not done the way it was. the court order was done in a way that it only benefits one party and it was not me.
Even with the Ms. Kentish removing herself from that case, I think I will try to get her remover from my case also. but I really like your website and I think it is a good idea that you a articles about TALES FROM THE COURT. Please continue the good work
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[…] Judges. BU has been relentless in the effort to expose the inefficiency of the Judiciary – see Tales from the Courts. Chief Justice Marston Gibson of whom much was expected has resigned himself to communicating about […]
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[…] supported by the PM and the present attorney general. This, after all, is an issue that BU – Tales from the Courts – has been resolute in airing for some years now and it appears that it is only now that a […]
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[…] LAWYERS in the NEWS […]
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Some of the attributes of the scofflaws he represents seem to have rubbed off on Mr. Pilgrim and he is a QC to boot.
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Pilgrim does a Justin Bieber ” sorry ”
“On Friday I behaved loud and aggressive. I apologise unreservedly for my conduct, and I hope you can find it within your bosom to forgive my grave indiscretion,” he told the magistrate in hushed undertones.
http://www.nationnews.com/nationnews/news/153022/pilgrim-sorry
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“The video showed the constable kicking and cuffing Brathwaite before the lawman was pulled off the accused by another constable.”
“I think we need to prosecute people for taping policemen,” said Magistrate Bannister,”
http://www.nationnews.com/nationnews/news/154984/magistrate-prosecute-videotape-cops
So in theory a the police should have a right to privacy while beating the crap out of a citizen.
Dig up de pitchfork Bushie.
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[…] LAWYERS in the NEWS […]
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[…] LAWYERS in the NEWS […]
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[…] LAWYERS in the NEWS […]
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JUSTICE FOR THE RICH
” The husband of Emma McManus yesterday declared he was willing to take a test as he denied he told Coroner Graveney Bannister, in a telephone call allegedly made to the magistrate shortly after his wife’s death, that they had been doing “a little cocaine”.
John Paul McManus further denied he telephoned the magistrate several times in an attempt to get his wife’s body released into his custody.”
https://www.nationnews.com/2021/01/28/husband-denies-cocaine-comment/
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Chief Justice points to causes of court backlog
The Chief Justice has blamed attorneys as well as the Registration Department for the backlog of matters in the judicial system.
Sir Patterson Cheltenham’s comments came as attorneys for businesswoman Asha “Mrs Ram” Mirchandani and the Barbados Water Authority (BWA) admitted the record in the Casa Grande Hotel vs the Barbados Water Authority case had not been settled.
The matter had been set down for case management in the Court of Appeal.
Attorney Ezra Alleyne, who represented Mirchandani, admitted that to the best of his recollection, he had not been summoned to settle the record. He also conceded that his Notice of Appeal was “deficient” since it did not have a High Court judge’s decision attached to it.
Attorney Gregory Nicholls, who appeared for the BWA in association with attorney Ona Harewood, said the record had not been settled between the parties, but the reason the matter was on the court’s calendar was as a result of an email, sent by him to the Deputy Registrar last month.
“And that is why we have this backlog issue, partially because there is lack of momentum coming from counsel even though the rules are quite clear. And there is also a lack of momentum coming from the Registration side,” Sir Patterson said.
“I am not in the business of allocating blame. I am simply trying to get matters rectified and move forward.”
The Chief Justice said the appeal appeared to be “stuck in mud”, which was “contrary to the ethos of the court”.
“We are trying to take all matters that seem to have become orphaned and to give them some energy and bring them on for hearing.
“And we are quite prepared to bring matters on even if that critical first step of meeting with the Deputy Registrar and settling the record has not occurred, because if we have it in hand, we can give directions and hopefully have some momentum,” he said.
The Chief Justice, who presided with Justices of Appeal Frances Belle and Margaret Reifer, ordered the parties to contact the Deputy Registrar by March 19 to settle the record. He then adjourned the appeal until July 6.
Mirchandani and her Casa Grande Hotel have appealed the decision of a High Court judge, who ruled in the BWA’s favour in the wake of the company’s disconnection of the water supply to the Oldbury, St Philip hotel.
The BWA had disconnected the service after discovering a connection from the Bowling Alley to adjoining premises at Knitwear Ltd.
The judge ruled that the company had exercised its discretion under Regulation 13 of the BWA Act, and that it was neither unlawful nor unreasonable in disconnecting the water supply.
The judge said Regulation 13 permitted the BWA to continue the disconnection for “the duration of the contravention”.Source: Nation
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one accused 5 lawyers ?
” Queen’s Counsel Michael Lashley, Faith Greaves-Agard, Justin Leacock, Sade Harris and Seantelle Parris.”
https://www.nationnews.com/2021/06/28/dutch-national-remanded/
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CCJ blasts Barbados over ‘cuss-out’
The Caribbean Court of Justice (CCJ) has taken Barbados to task again for “a cuss-out in a schoolyard” landing at its steps 12 years after the accused was charged.
Earlier this month, the Trinidadbased court sent the case, involving Dottin’s Academy Incorporated versus Beverley Norville, back to the Barbados’ Court of Appeal, but not before once more chastising the country’s slow pace of dealing with legal matters.
Norville was charged with six offences in 2009, including use of indecent language, causing a disturbance and threatening to burn down the private school after it removed her son without returning to her the $5 000 fee.
Norville was convicted six years later in 2015, but never sentenced because she appealed and that case was heard in 2016 with a ruling four years later in 2020. The Court of Appeal, headed by then Chief Justice Sir Marston Gibson, found that Dottin’s Academy had no legal standing to bring charges against Norville.
The academy then applied for special leave to appeal to the CCJ which, led by President Justice Adrian Saunders, stated: “This was simply a cuss-out case that called for determination of the single issue of whether the appellant, Dottin’s Academy Incorporated, had been the proper party to lay the information as it did. The reason why this court decided to hear such an apparently trite appeal was because it raised a question as to jurisdiction and, as well, it appeared there were two egregious errors made in the decision by the court below which it would have been manifestly unjust to leave standing.”
The CCJ found that the Court of Appeal “fundamentally misdirected itself” to the facts and the law ruling the school “lacked standing” stating that the decision was “badly flawed” and had to be set aside.
The court, it said, erroneously stated the incident occurred in 1999 when in fact it took place in 2009, which resulted in the Court of Appeal concluding that
at the time of the incident, Dottin’s Academy Incorporated did not exist.
Strongest criticisms were reserved by Justice Winston Anderson, who said: “The purpose of this very brief opinion is to record my deep disquiet that this ‘cuss-out’ . . . continues to dog the judicial system, with no clear end in sight.”
“In the absence of evidence, it is impossible to assign blame to any specific person, but this was way too long,” he stressed, adding that ensuring a felicitous and conducive learning environment in school requires the prompt and public discouragement of the kind of behaviour of which Ms Norville was convicted.
“That, clearly, did not happen through the engagement of the magisterial process in this case. But it gets worse. Much worse,” he said, while expressing dismay that after convicting Norville, “the learned magistrate did not pass sentence then and there”.
“With the greatest of respect, this delay was extravagant in a simple case such as this, especially since it was unaccompanied by any explanation or apology. That delay may well have contributed to the egregious errors particularised by my brother in his judgment.
Justice Anderson pointed out that the overturning of the decision by the CCJ, which he noted dealt with the matter expeditiously, could lead to even further delays in Barbados because of the complexities of the case.
“When a simple case, such as this one, is presented in the Magistrates’ Court, the magistrate should be encouraged to decide it quickly, within weeks, three months at most. If a conviction is recorded, sentence should be pronounced promptly, unless there is a very compelling reason to do otherwise . . . .”
He also called for legislative distinction between certain categories of crimes.
“The tremendous economic and infrastructural challenges faced by developing countries in our region, including Barbados, are entirely impatient of a cuss-out
in a schoolyard occupying over 12 years of court time even before, potentially, the halfway mark in the litigation has been reached. An objective and dispassionate observer could well be forgiven for thinking that those responsible for this wanton and profligate expenditure of judicial resources ought to be sent to the principal’s office,” he concluded.
Attorney General Dale Marshall in response said: “I cannot fault the depiction by Justice Anderson of our judicial system, and it would be disingenuous of me to try to make even the slightest excuse for it. That an incident which took place 12 years ago and tried in the Magistrates’ Court, is still taking up judicial time and which we cannot be sure will not continue to do so, is an indictment on the system.
“I have been speaking stridently about the delays in the judicial system long before we came back to office. As a new administration, we have put things in place that are intended to speed up the delivery of justice – the expansion of the judiciary from 13 judges to 20 judges, and establishment of specialised Divisions of the Supreme Court, the increased use of technology through electronic filing which will shortly go live. All of these will bear fruit and our initiatives will not stop at these,” he added.Source: Nation
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CJ: More mediation a must
Chief Justice Sir Patterson Cheltenham is resolute that judicial officers will employ mediation more.
“It has the potential to create a parallel pathway onto which courts can divert matters identified as amenable to the mediation process,” he said.
Sir Patterson was delivering remarks during the Canada-funded Improved Access To Justice In The Caribbean (IMPACT Justice) Project mediation workshop on Wednesday in the Goddard’s Conference Room, Sagicor Cave Hill School of Business and Management, Cave Hill Campus. Course facilitator Urban Dolor, with community mediators Miles Weekes, Anthony Howard and Victor Felix as coaches, were set to train eight magistrates and one High Court judge.
Sir Patterson said judicial officers must have at their disposal the requisite skills to assess and identify matters that could be directed towards mediation.
“In Barbados we have two protocols; No. 1 of 2019 and No. 2 of 2019’s Practice Direction which have made mediation an essential component of case management in the civil sphere. I am not persuaded that much use has been made of them for reasons which are quite understandable. After your training, it will now be expected that you will utilise this additional option in the judicial armoury,” he told participants.
Regional project director, Professor Velma Newton said the programme was in its eighth year and IMPACT Justice’s research had revealed no mediation programme was in place within the magistrate courts.
“I would stress that IMPACT Justice is not here to question why no mediation system has as yet been implemented in the Magistrates’ Courts of Barbados, because we know from experience that more than one course is usually needed, especially if a mediator wants to specialise in family, commercial or community mediation,” she said.
She added their work in the field had suggested governments in the region, other than Jamaica, needed to embrace mediation by setting up comprehensive national strategies for improving the training infrastructure for mediation.
High Commissioner of Canada to Barbados and the Organisation of Eastern Caribbean States, Lilian Chatterjee said IMPACT Justice was one of two rule-of-law projects Canada supported regionally.
“This $19.2 million project seeks to ensure better access to justice for vulnerable and marginalised communities, as well as Governments, the private sector and individuals. This project operates in Barbados and the broader CARICOM region to address making laws, accessing legal materials, providing training opportunities, to train drafters in other areas of law, educate the public on rights and access and provide opportunities for mediation in the community,” she said.
She added Canada’s supported justice sector reform efforts in Barbados and the project, since its inception in 2014, had established community mediation service points at Speightstown Resource Centre, St Peter and at the Calvary Moravian Church, The City. Since that launch 19 cases were referred to mediation and two were resolved. ( RA)Source: Nation
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[…] LAWYERS in the NEWS […]
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Lawman Everton Randolph Gittens has been cleared of the murder of Selwyn “Blues” Knight.
The decision was handed down moments ago by Magistrate Kristie Cuffy-Sargeant.
https://www.nationnews.com/2021/12/21/police-officer-freed-murder-charge/
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Magistrate Cuffy-Sargeant, who referred to the public interest of the matter, found that the prosecution had not made out a prima facie case in relation to any of the matters
++++++++++++++++Quelle surprise!
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@Sargeant
Why are you not surprised?
You attended the trial? Heard the evidence maybe?
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” All I could tell Bajans is anybody come in at you, don’t let them get back out,”
https://barbadostoday.bb/2021/12/22/justice-shall-be-served-in-due-time-says-widow-of-blues/
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@Hants
A true Bajan nugget of wisdom. -
Appeal against Bail Act ruling
GOVERNMENT HAS APPEALED a judge’s ruling that the two-yearold amendment to the Bail Act was unconstitutional.
Come next week, opposing parties will be back before the Court of Appeal to set a firm timetable for the matter.
It was in 2019 that Attorney General Dale Marshall piloted the amendment to the Bail Act which stipulated that a person charged with murder, treason or offences under the Firearms Act, shall not be granted bail until a period of 24 months had passed, unless the accused fell into certain exception categories. Those exceptions were if a person was a lawman or anyone who committed an act while carrying out his official duties; was acting in self-defence, or if the strength of the evidence suggested the accused did not carry out the offence.
However, Queen’s Counsel Larry Smith brought a constitutional motion on behalf of accused Lamar Antonio Jones, challenging the validity of the amendment. He argued the amendment had hamstrung the court from addressing meritorious bail applications if a person “cannot bring himself or herself within any of the exceptions”.
Smith had submitted that Parliament prescribed a period of “pre-trial imprisonment for you if you do not come within the exception of Section 5 (2) (b) and there is nothing that any judge in Barbados, either in the High Court or at the Court of Appeal or at the CCJ (Caribbean Court of Justice), can do to counteract these measures”.
Jones, of Rock Close, Wildey, St Michael, was accused of having a firearm and, up to that time, had spent 17 months on remand at HMP Dodds.
Justice Shona Griffith held that the provisions of Section 5A of the amendment to the Bail Act were unconstitutional.
Must be struck out
She said when she followed the law, it took her “to the place of saying that Section 5A has to be struck out in its entirety”. She added any attempt to save or sever the section would “take the court into the realm of legislating”.
The judge released Jones on bail with a number of conditions.
Yesterday, Queen’s Counsel Leslie Haynes, who is representing the Attorney General in association with Sir Elliott Mottley QC, and Senior Crown Counsel Ann-Marie Coombs of the Solicitor General’s Chambers, told the Court of Appeal Government’s case consisted of two elements.
One, he said, was an application to the Court of Appeal for leave to adduce fresh evidence and, depending on whether that application was granted, “then it would probably go back to the Court of Appeal or the Court of Appeal may send the case back to the High Court.
“The thrust of this case lies in the application
to be made for fresh evidence. From that point of view we are in the process of starting the affidavit which we would like to be admitted into evidence,” he said, as he noted the affidavit was dependent on statistics from the office of the Commissioner of Police.
The Commissioner of Police’s affidavit could be ready in the next two months, he added.
Haynes said while the final decision remained with the Court of Appeal on whether, if it decided to allow the additional evidence, if it would deliberate on the issues itself or remit the case back to the High Court for further deliberation, he believed “it may perhaps be better for the Court of Appeal to deal with it one time”.
However, Smith, who is representing Jones in association with attorneys Jamila Smith and Jamar Bourne, told the court he would be opposing the application.
He argued the evidence, which the Attorney General was now seeking to adduce as additional evidence, was available to him at the time of the High Court trial.
“So what is the new thing that has occurred which makes it so urgent that the court should allow this evidence to be adduced?” Smith asked.
“On our end, I think there may be this issue of proportionality which may or may not be an issue to be addressed.
“The issue of the application is one which ought to have been made since June of last year. So absent the issue of the data, which was available, at the end of the case does this do justice to the case and does it do justice to the respondent? I think the court, in balancing those issues, would need to be very mindful of that,” he told the court.
President of the court and Chief Justice Sir Patterson Cheltenham, who presided with Justices of Appeal Margaret Reifer and Jefferson Cumberbatch, noted the matter was of public importance.
Sir Patterson adjourned the matter until February 15.Source: Nation
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[…] LAWYERS in the NEWS […]
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STILL ON JOB
Two ex-CJs to wrap up outstanding judgements
By Maria Bradshaw mariabradshaw@nationnews. com
Two offices at the Supreme Court Complex on White Park Road, St Michael, have been allocated to former Chief Justices Sir Patterson Cheltenham and Sir Marston Gibson to complete their outstanding judgements.
The Sunday Sun understands that Sir Marston, who retired in 2020, has about 23 outstanding judgements while Sir Patterson, who demitted office last May, has two. The majority of Sir Marston’s judgements are civil appeals and about five criminal appeals.
When contacted, Attorney General Dale Marshall said he was not aware of the number of outstanding judgements still to be written by the former Chief Justices but he confirmed that offices had been provided for them to utilise.
Constitution
“Under Section 82(4) of the Constitution, a former judge can still write and deliver judgements in matters which they heard as judges,” Marshall explained, adding: “Both of the former Chief Justices have judgements still to write. Both of the former Chief Justices have been given permission by the current CJ to write those judgements from offices within the Supreme Court complexes where they have both privacy and ready access to materials.”
Back in 2020 when Sir Marston demitted office, the delivery of his decisions were at a standstill as an appeal had been filed before the Caribbean Court of Justice (CCJ) challenging the constitutionality of President Dame Sandra Mason and CCJ judge Andrew Burgess, who sat with him as Court of Appeal Judges before taking up their current positions, rendering a decision on a Court of Appeal case while not sitting as COA judges.
While Marshall did not give the status of that case, he said the situation was still creating a challenge for Sir Marton’s delivery of judgements.
“The challenge is that the court was at that time, in many instances, made up of himself, Justice Burgess, who is now at the CCJ, and the President. So everything about this delay is awkward. In terms of Justice Burgess, he has now moved on to the Apex Court; The President is now in a position and for her to act in any way as a member of the judiciary is unethical. But the failure to deliver these decisions creates this problem,” he said.
However, he stressed that the decisions “have to be given”.
“And I’m sure the President herself will not physically, I mean, she can’t physically attend court to do it. But, she now has to give her agreement with a decision that is now being written. Mr Justice Burgess now is at the Apex Court, so he now has to give his agreement to decisions which may get appealed to the Apex Court. And even though he would obviously recuse himself . . . everything about it is awkward.
“So the delay in that instance is really, really, challenging.
And of course, the other challenge is that you have Mr Justice Burgess on the CCJ that wraps our High Court and Court of Appeals for not delivering decisions in a timely fashion. And no decisions are going to have to be given with his name on them years after the cases were heard.”
Sources told this newspaper that one of the first orders of the new Chief Justice Sir Leslie Haynes upon taking up office in May was to request from the Barbados Bar Association a list of outstanding cases.
President Kaye Williams said: “The Barbados Bar Association confirmed that members of the public have contacted them about outstanding court matters in the wake of a series of letters on the subject sent by Chief Justice Leslie Haynes to the Bar.
She confirmed that the BBA has had productive discussions with the Honourable Chief Justice and described the correspondence as “administrative”, a part of the “implementation of a stated strategy”.
She added: “On his elevation to the post, Chief Justice Haynes clearly stated that his priority is to assess the challenges faced by the judiciary and seek solutions. The first order of business therefore was to clearly identify the problems and the issues, and then try to understand the solutions. The Chief Justice, as with his predecessor, has the full support of the Barbados Bar Association”.
Williams further noted: “The BBA welcomes not only the level of engagement with the Office of the Chief Justice, but also commends Government’s initiatives to strengthen the work of the Judiciary. There have been elevations to the Court of Appeal and two recent appointments to the High Court which will allow for the implementation of new strategies to alleviate the existing backlog in Barbados’ court system.
“Progress is being made”, said Williams. “Chief Justice Leslie Haynes has also introduced a new system of weekly “status hearings” to ensure that High Court cases which were ongoing but not completed due to the recent elevation of Judges to the Court of Appeal or those who have retired, would be properly reassigned and placed squarely back into the court system.”
Among some of the outstanding cases are the decades-long Kingsland Estate matters. There are over 20 cases before the court stemming from this, some of which have been on the court’s calendar since 1993.
There is also a 2007 civil matter between David Weekes et al and the Caribbean Community where three of the witnesses have already passed away.
Source: Nation
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Didn’t I see this story before?
Is this related to the dead bodies kept in refrigeration?
Are payments for the offices made from the same account? -
It is a sad thing when witnesses and complainants pass away before verdicts are delivered.
The case where three complainants died and the thieving lawyer walked away is still recent. Now we hear of incomplete cases from 1993 and 2007 and of witnesses dying. How long will they run this sham justice routine?
We have a mockery of a justice system, where justices and verdicts are rendered by delaying cases. Then we get the PR pieces and the much ado about nothing submitted for our consumption. The masses eat it up and go back to sleep.
The ultimate joke will be when the judges pass on and these cases are still unfinished. We will be told ‘paperwork cannot be found’ What a charade, what a scam, what a con…
Sham, one sided and delayed justice are justice denied. -
Bar on board with crime fight
By Maria Bradshaw mariabradshaw@nationnews.com
President of the Barbados Bar Association, Kaye Williams, says the association is fully on board with the national fight against crime and joins with the Barbados Private Sector chairman Trisha Tannis in calling for the current national crime strategy to be backed by research that must be advanced urgently.
“Our response must be comprehensive, not reactionary,” Williams said in a statement to the Sunday Sun.
“There is a national strategy document on criminal justice reform which was advanced in last year’s stakeholder symposium but, in the view of the [Bar Association], it identifies the issues but does not have the statistical underpinnings needed to urgently prioritise and address the areas on which to focus scarce resources to reduce the recent spike in crime.”
She said Barbados had “one of the best criminal law benches, with eight fully functioning high courts in the Criminal Division, working full days and around the clock to reduce backlog. They have been outstanding. We applaud Government and the Office of the Attorney General for making this a top priority. However, the issues are in respect of other aspects of the criminal justice framework”.
Referencing the new Bail [Act], the Bar president called on “systemic delays” in the judicial system to be addressed first and foremost.
Urgent situation
“The situation is urgent. Passing a Bail Bill doesn’t address the systemic issues in the criminal justice system. This week it was reported that a firearm offence committed 15 years ago was only now brought up for sentencing. Another matter was dismissed on a no-case submission because there was no report, no available forensics and no availability of witnesses. The framework to support the Bail [Act] must be addressed. Anyone reading the daily court reports can see the typical issues causing delays for themselves” she said.
Williams itemised them: “Practically no forensic evidence available; overworked police officers struggling to complete investigations in order to produce reports and files promptly; underresourced agencies unable to provide probation and pre-sentencing reports promptly; lengthy remands, necessitating release on bail; no speedy trials; loss of reliable witnesses because of the delays; no court data or statistics to guide or direct where we should be placing our resources as a country to address the spate of violent crimes.”
Williams charged that prompt trials and convictions should be the order of the day and not “lengthy remands”.
“Being tough on crime to protect the public includes bringing the accused swiftly to face a fair trial. The concern is that the new bill to tighten the bail requirements was introduced in order to place the accused on remand, but without addressing the framework to support prompt trials. We need speedy trials with well supported police reports, forensic evidence and reliable witnesses. The BBA is therefore calling for recent statistics of the rate of convictions and the average length it takes for matters to reach trial. There was a time when serious offences were tried within months of the commission of the offence. We know anecdotally that it takes years. Is it a case where convictions are difficult to secure because of the length of time it takes to bring the accused to trial?” she asked.
She also lamented that the Forensics Laboratory was not functioning.
“Due to no fault of their own, the operations at the forensics laboratory have regrettably been closed and non-functional even before the COVID-19 pandemic. Often police investigations cannot be fully completed. Too often matters are adjourned awaiting forensic reports. Some evidence is sent to Miami but this is costly and, in some cases, no reports are returned. I was reliably informed by a member of the Bar that evidence was sent to Miami for forensic reports to present at trial. That was two years ago. They are still awaiting the report.
In addition she said the delay was also causing a “loss of witnesses” and police reports were outstanding.
“Witnesses, reliable witnesses, dwindle because of the length of time that elapses. For all kinds of reasons, they’re not available years after the crime was committed. The overworked, under-resourced Police Service cannot produce reports efficiently. The BBA has been reliably informed that one officer could be allocated over 50 cases for which they have to visit the scene, conduct investigations, obtain statements and meet witnesses. Added to that, they have to type up everything. Often that officer is transferred to another department or station, but the file has to remain at the original station. So the officer is called to court, and attends court, but there is no file. Members of the public may report an incident to the police and hear nothing further. A similar situation of lack of resources occurs while waiting for probation and pre-sentencing reports. Are these challenges correctly stated? Where is the data or statistics to guide us.”
Convenor of the BBA Criminal Law Committee, Martie Garnes, supported this observation noting that getting tough on granting bail and placing accused on remand did not address the backlog issue.
“Accused are charged often with incomplete evidence, incomplete investigations. In my experience, very often there is no police file. What that means is the accused is neither committed nor indicted in a reasonable time so the judge has no choice but to eventually grant bail because there is a constitutional right to a trial in a fair and reasonable time.”
Expressd concern
The BBA expressed concern that the Bail [Act] will invite a number of constitutional challenges which will only further encumber its effectiveness.
“One of these areas include not one, but two ‘ouster clauses’ in which the final appeal lies only to the Barbados Court of Appeal. In effect, the ouster clauses ‘oust’ the jurisdiction of appeal to the Caribbean Court of Justice. There are other areas for potential constitutional challenge. We will have to wait and see the response of the Criminal Law Bar on behalf of their clients” Williams stated.
“Something as critical as constitutional amendments and an entire repeal of the existing Bail [Act] ought to have stakeholder consultation. This new Bail [Act] will touch and concern not only firearm and serious offences, but also every matter that has a criminal penalty. Charges of theft, money laundering, common assault – even penalties under the recently introduced Cybercrime [Act].”
The president said the association was “doing its part in respect of the role of defence attorneys in the criminal justice system” adding that training was set for later this year and into next year.
Source: Nation
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BAR on board shiite!!!
The BAR is 90% of the problem.Steupsss!!!
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More bail concerns
by Colville Mounsey colvillemounsey@nationnews.com
ATTORNEY-AT-LAW LARRY SMITH, KC, is concerned that the recent repeal and replacement of the Bail Act still does not address the lengthy remands before trial.
Smith, who successfully challenged the previous amendment to the Bail Act, emphasised the need for reform in the criminal justice system to ensure speedy trials, which would mitigate many issues related to bail.
Smith supported the Government’s efforts to combat crime but contended that merely introducing new legislation was insufficient.
“I endorse Government’s view in fighting crime. However, I think just enacting a piece of legislation is but one aspect. My issue is, what is being done to effectively address the criminal justice issues that plague our system, so that when someone is charged with a criminal offence, they can get a speedy trial?” he questioned.
Smith suggested that if trials were conducted within six to eight months, the issue of bail for serious offences like murder would become largely irrelevant.
In 2021, Smith mounted a successful challenge against an amendment to the Bail Act, seeking to impose stricter bail conditions for individuals accused of serious crimes, including murder.
He argued that the amendment violated fundamental rights by effectively denying bail without considering the circumstances of each case. The court ruled in Smith’s favour, deeming the amendment dispproportinate to the mischief which the amendment sought to address and a violation of the right to a fair trial within a reasonable time.
“I am not seeing anywhere in the new Bail Act which says if a person who is accused and is not granted bail and is therefore remanded to prison must have a trial within X time failing which that individual can be considered for bail. That is my concern,” he explained.
The seasoned attorney stressed the importance of the right to liberty and timely justice, acknowledging that no rights were absolute and must be balanced against public interest and the rights of others.
“The issue should not be making sure that people who are charged do not get bail, but it should be ensuring that those who are arrested and charged for those offences get a swift trial. That is where the emphasis ought to be,” he stated.
Reflecting on the appeal of his challenge which is awaiting a decision from the Court of Appeal, Smith stated the statistics from the Commissioner of Police office during the appeal, showed that many individuals who were charged for re-offending while on bail, had been held in prison for three to five years without trial on the original offence.
“The accused is entitled to a trial within a reasonable time. If an individual is accused of murder, is on remand for four/five years without a trial, what is a judge to do on an application for bail after such a long time on remand? Remember, the accused also has rights. He is innocent until proven guilty. Has the State addressed the psychological impact on the accused being on remand without a trial?” he asked.
“What about the impact on his family? Was he working and supporting his family and now they are without that financial support and otherwise for such a long period? What about when he has his trial after four/five years and is found not guilty? It means that an innocent person was deprived of his/ her freedom for this period,” Smith said.
The focus, he said, should be addressing the socio-economic issues to level the playing field.
Smith also criticised the lack of concrete measures to address delays.
“The Government is saying that they have provided more judges, et cetera, but they are not addressing why it is taking so long to have a trial,” he said, while advocating for a task force to investigate and address the delay causes.
He contened that the judiciary already possessed the power under the existing Bail Act of 1994 to deny bail to repeat offenders or those posing a significant risk.
“All the powers are there, they reside with the judge to determine whether someone should get bail or not. This new Bail Act from the bit I have read seems to tell the judge what he or she must do in certain instances regarding the liberty of the subject before a trial or conviction,” he explained.
Rather than more restrictive conditions, the Government should ensure that the police and the Director of Public Prosecutions (DPP) have adequate resources to process cases swiftly, Smith stated.
“The surge in crime, especially serious crime, needs to be addressed. Perhaps wider consulation with the various stakeholders may assist in bringing a multipronged approach to addressing the troubling issue,” he stressed. ( CLM)
Source: Nation
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Lol. The empress must be happy that she is prime minister of a country where she is dominant. The prime minister of Bangladesh (whom was regularly called a dictator) has just resigned and exited her country. Her people have entered her official residence and appear to have made it their home. Oh to be a prime minister of one of those small banana republic Caribbean islands.
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“Rather than more restrictive conditions, the Government should ensure that the police and the Director of Public Prosecutions (DPP) have adequate resources to process cases swiftly,…”
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Thanks Larry.But do NOT forget to ADD the NEED to ensure that wunna lawyers stop playing the ass, and making mock sport at the system with delays, distractions, dishonesty and general incompetence…
This shiite about CONSTANTLY rushing ill-conceived changes in the Law – without FULL consultation, confirms that we are dealing with legal idiots running the asylum….
…and confirms the uselessness of the BAR -
We have to restate elements of our culture soon to be forgotten.
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More delays. It is a Hallmark of Barbadian society. Push back, push back.
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@Hants
The BCEN is a toothless tiger.
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and in Canada a couple of bad apples.
https://www.cbc.ca/news/investigates/cartel-bui-lawyers-jailed-contempt-1.7391535
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Findings differ
Bajan lawmen dispute UK tabloid reports about woman’s death
by MARIA BRADSHAW
POLICE IN BARBADOS have disputed reports in British tabloids that a UK visitor to Barbados was found dead in a blood-drenched hotel room in June, and that traces of cocaine were in her system.
Several UK news outlets continue to report on the death of 47-year-old Rebekah Arter, who visited Barbados in June with her husband Warren Arter, 54, a former UK Met Police detective inspector kicked out of the police service in 2016 in disgrace, for gross misconduct involving drug abuse and orgies.
Tabloids such as the Daily Mail reported that “Rebekah’s body was “found” by Arter on their bed at the luxury O2 Beach Club and Spa hotel in June. The sheets and hotel room carpet were covered in blood.
“There were no signs of any visible injuries and local police ruled out foul play.”
They added that: “An initial postmortem on the Caribbean island found cocaine in Rebekah’s liver. It is said to have concluded she died from a massive haemorrhage of the lungs caused by a viral infection such as pneumonia.”
However, when contacted yesterday Assistant Commissioner of Police David Griffith told the MIDWEEK NATION that a post mortem examination conducted on Rebekah’s body showed that she died from aspiration pneumonitis.
He said: “This year, on the 28th of June police responded and found her on the floor dead. No marks of violence were found on the lady and there was nothing to suggest anything untoward, but we still processed the scene. A post mortem examination was conducted on her body on the 4th of July and death was attributed to aspiration pneumonitis – that’s basically choking on your vomit.”
Asked about the news reports of a bloody sheet and bloody carpet, ACP Griffith said: “All of that is incorrect.”
However, when asked about reports that cocaine was found in her system, the senior officer admitted that the body was not checked for cocaine use.
“We never, because basically the cause of death was natural causes, so we never asked for any tests to be done,” he stated.
Questioned further, Griffith said the husband who discovered the body was never in police custody.
News reports out of the UK indicate that “three days after Rebekah was found dead, Arter took an overdose”.
“He was taken to a Barbados hospital and survived the apparent suicide attempt.”
It was also revealed that he spent more than $5 800 on Rebekah’s credit card in Barbados in the days after her death and provided “conflicting accounts of when he found her body”.
Conflicting accounts
The news reports noted: “In one version he claimed they had been sunbathing and returned to the room, then he woke two hours later to find her dead. While in another he said they went for dinner the previous night and he had slept for 18 hours before discovering her body.”
Ironically, Arter committed suicide in a British prison on July 10, days after he was arrested upon returning to the UK from Barbados on allegations of rape and assault claims made by another woman, as well as allegations of voyeurism, sending malicious communications and blackmail.
Both he and his wife were cremated days apart last October.
It was also revealed that one of Rebekah’s relatives complained that Arter had “coercive control over Rebekah” and the couple were addicted to cocaine.
Her friends told the tabloids that they believe Rebekah’s death stemmed from a lifestyle to which she was enslaved by Arter.
When contacted about this matter on Monday, Patricia Affonso-Dass, chief executive officer at Ocean 2 Hotel, said: “I’m not at liberty to comment. It’s a police matter and it is being handled by the police and the British High Commission is aware. So, it’s not something that we will be commenting on in the press.”
Likewise, when contacted, the British High Commission would only say: “We have supported the family of a British national who died in Barbados in June and have been in contact with the local authorities.”
Source: Nation
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Did I see that this death occurred in June?
Keystone cops calling everything ‘ natural causes’
Tourism determining what appears in your newspaper and when it appearsI give up. Totally defeated by his countrymen, The OG just watched and held his head in his hands.
Mek it, mek sense
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