LAWYERS in the NEWS

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No single profession attracts the ire of Barbadians like lawyers. On a daily basis For example, we often hear complaints about lawyers taking unreasonably long periods of time to transfer monies from clients accounts to their clients. The complaints come from Barbadians living overseas  who having entrusted life long savings (pensions) to lawyers to settle various transactions in absentia or Barbadians on the rock who have no choice but to take on the stress of the legal system to process routine transactions.

The Bar Association (BA) has done little to assuage the concerns by Barbadians that it is an efficient self regulating body.  Suggestions to include ordinary folks on the BA’s Disciplinary Committee has not met with a favourable response. There is a sense lawyers and by extension the legal system has the country in a vice grip headlock.    Where are ordinary citizens to turn for justice if the Court System, its trusted officers (lawyers) and the BA continue to NOT satisfactorily resolve concerns from citizenry?

BU accepts bad apples are to be found in all professions – doctors, engineers, construction class, bankers and the list is very long. However, what cannot be denied is the ‘omnipresence’ nature of the legal profession on our little society. What cannot be denies is the right of Barbadians to assign priority to issues affecting them as they think fit.  The time for citizens, ordinary and others, to fight back.

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208 comments

  • QC files appeal before CCJ

    The longstanding litigation involving the Kingsland Estates could have far-reaching consequences for a number of Court of Appeal decisions yet to be given.
    Queen’s Counsel Alair Shepherd has filed an appeal before the Caribbean Court of Justice, challenging the constitutionality of two former Court of Appeal Judges – Dame Sandra Mason who is Governor General of Barbados and Justice Andrew Burgess, a judge of the CCJ, to deliver a decision in the case.
    When contacted Shepherd told the Sunday Sun: “We are appealing that decision and one of the grounds we are putting in is that the court could not render a decision because the court was not properly constituted.”
    Dame Sandra who was appointed Governor General in 2017 and Justice Burgess who was elevated to the CCJ last year have continued to render decisions in Court of Appeal cases which they presided over during their time on the judicial bench.
    Back in June both of their signatures appeared on a Court of Appeal decision in the case Knox vs Deane, one of the oldest cases on the court’s calendar having first been filed in 1998.
    An appeal was made in the case back in 2010 and heard before the tripartite court which consisted of former Chief Justice Sir Marston Gibson as well as then Court of Appeal Judges, Dame Sandra and Justice Burgess.
    The decision was delivered on June 26 in which Sir Marston took personal responsibility for the lengthy delay in the judgement writing: “I sincerely apologise for the length of time it has taken to deliver this judgement for which I am entirely responsible.”
    The document bore the signatures of both Dame Sandra and Justice Burgess with the words: “I concur” next to each signature.
    Shepherd in his appeal to the CCJ noted that the decision was rendered by Sir Marston on June 26, sitting with two other Court of Appeal judges.
    Among the grounds of appeal filed he charged that the decision made on June 26 was “invalid and void as at the time when this decision was delivered one member of the appellate panel ( Mason J.A) had been appointed to the executive as Governor General of Barbados; while another member (Burgess J.A) had been elevated to the Caribbean Court of Justice and both of these judges remained in their respective posts on the date of the delivery of their decisions and had not sworn or were they subject to the oath of office of a Justice of Appeal in Barbados and were therefore unable to sit and deliver their decision as judges of the Court of Appeal of Barbados at the time their decision was delivered; Also that the decision made by the Court of Appeal is “null and void as the membership of the presiding panel . . . comprised interalia the Hon Governor General which said office holder represents the Executive branch of the Government of Barbados . . . and has acted in breach of the doctrine of the separation of powers”; and “that the Court of Appeal was not properly constituted as at the day of the delivery of their judgement on the 26th of June 2020.”
    When contacted Shepherd said he had served the appeal on all the parties involved as well as Attorney General, Dale Marshall.
    “Essentially what we are saying is my client received a decision from the Court of Appeal which comprised Justice Burgess; Justice Mason and the Chief Justice. My client is now appealing that decision on a number of grounds one of which is that the court was not properly constituted at the time when the decision was made,” he stated.
    “That argument rest on the fact that at the time when the decision was given one of the judges in the Court Of Appeal was the Governor General and as such is head of the executive of the government and another judge, Justice
    Andrew Burgess, had been appointed to the CCJ. In those circumstances we say that the court which is a court of three judges was not properly constituted and therefore any decision that it gave would not be a valid decision from the Court of Appeal of Barbados,” he said adding that “it offends against the principle of the separation of powers.”
    “We are not satisfied that at the time when the decision was given they were acting under the oath of office which is administered to judges in the Court of Appeal and essentially we will argue that a decision of a court in order to be valid has to come from an independent judiciary,” the Queen’s Counsel added.

    Source: Nation

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  • Appeal Court reserves decision in Pile case
    The Court of Appeal has reserved its decision on whether there will be a retrial for attorney Vonda Pile.
    Pile, of Madison Terrace, Deacons Farm, St Michael, was found guilty of stealing US$96 008 belonging to Anstey King, between April 29, 2009, and October 26, 2010, and sentenced to three years in June 2019.
    She was released on $200 000 bail in June this year pending the outcome of the appeal.
    On Friday, Queen’s Counsel Andrew Pilgrim, Kamisha Benjamin and Rasheeda Edwards argued for a retrial before Acting Chief Justice Rajendra Narine, Justice of Appeal Jefferson Cumberbatch and Justice of Appeal Francis Belle.
    “We would suggest in this case it would have been appropriate for the judge to give greater directions on the issue of probate and the issue of conveyance. . . . We are going to suggest that those things could still assist the appellant in showing her reasons and improving her defence,” Pilgrim said.
    He added that if the court found there was an error, the matter could be retried and still be dealt with in a way that could benefit all the parties, than if the court were to find that the conviction was proper.
    The senior attorney also urged the court to look at where the appellant was cross-examining King.
    “She makes it clear she is still engaged in a dispute with Mr King over not only her fees in the matter, but also her costs in the civil matter, which reached the stage of a judgement being set aside and costs being ordered for the appellant,” he said.
    Pilgrim contended that the charge of money laundering, on which Pile was acquitted, was a dangerous one and questioned why she was tried on it.
    “It seems that one would need to show a reason why this is not done in every theft case. Other attorneys charged in similar fashion don’t have this charge. In my humble view, it is an unfortunate charge to have at all . . . just the sound of it, in my humble submission, is dangerous,” he said.
    The prosecution team of Principal Crown Counsel Krystal Delaney, Crown Counsel Oliver Thomas and Crown Counsel Kevin Forde said there were three other cases where attorneys had been charged with theft and money laundering.
    Delaney said it could not be divorced that Pile was an attorney, had presented the jury with a version of events, but had produced no documents to support her claims.
    The conviction centres on allegations that King, a Barbadian living in Brooklyn, New York, employed Pile to procure a piece of land in Barbados and approached the attorney after he used her services to buy his house in Strathclyde, St Michael.
    Pile showed him a piece of land in Maxwell, Christ Church, and quoted $290 000 and $295 000. He paid all the money upfront.
    On a trip home, when King went to look at the land, he realised it was not the parcel he was previously shown or signed the conveyance for and told Pile he wanted his money back.
    Pile refunded him US$48 000. However, after months of trying to recover his monies, he went to the police.
    King denied ever having a conversation with the lawyer about forfeiture of any deposit, or about waiting for absolute closure of the sale, or until the probation of the vendor’s estate. (RA)

    Source: Nation

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  • Court delays ‘obscene’
    REMAND PRISONERS AWAIT TRIAL FOR YEARS WITH NO ACCESS TO PRISON PROGRAMMES
    Accused persons who cannot afford bail should not be made to languish away in prison until whenever their cases are called.
    Attorney-at-law Lalu Hanuman has suggested that Government look into using ankle bracelets to monitor persons who are not deemed a threat to society so they can carry on with their lives as they await trial.
    An irate and upset Hanuman made the comments moments after his 37-year-old client Lionel Wilson walked out of the Supreme Court a free man after he was found not guilty of raping a 73-year-old woman four years ago.
    The former accused man who was born in Barbados but spent the majority of his life in St Vincent, had been on remand at HMP Dodds since being charged in 2016.
    And while he was happy that “justice had been served”, Hanuman said it was a shame Wilson had lost four years of his life, despite police having a very weak case against him.
    “This man has spent four years in prison on remand. To me it’s totally disgraceful. The evidence was so weak; there was no forensic evidence, there was no medical evidence. They should never have pursued this case. The DPP [Director of Public Prosecutions] should have withdrawn this case,” Hanuman charged.
    “It’s obscene that this matter has gone this far and even more pertinent to me, having somebody on remand for four years awaiting trial – and it would have even been longer but we pushed for an early date – because this man could not get any bail. He doesn’t have any local contacts and he wasn’t able to get any sureties.
    “What we should be having in Barbados is the same type of bracelet system that they are now talking about introducing for tourists who are coming into Barbados in terms of ensuring they don’t leave their hotels and so on. People who are facing a charge, as long as they are not posing any threat to the public should be let out from prison with a bracelet on their ankles…It’s called electronic tagging,” he contended.
    Hanuman said it was a common practice among many countries in the world.
    He said what was especially frightening was the fact that there were more people in similar situations at HMP Dodds.
    Hanuman said he was aware of a situation where a man had spent almost 12 years on remand for a murder charge simply because he could not afford to post bail.
    To make matters worse, the veteran attorneyat-law noted that persons on remand were not privy to any of the prison’s educational or rehabilitation programmes.
    “It’s not just Mr Wilson, there are so many other people. I was in court the other day and this guy was telling the judge that he has been in prison for 11 years and 10 months on a murder charge awaiting trial. It’s obscene.
    “When somebody is on remand, they’re not entitled to anything. They’re not entitled to any educational process in the prison, they’re not given any sort of support. They’re just left there to rot. Once you’re convicted you have art programmes, you have carpentry, you have all kinds of things available to you but on remand you have nothing,” Hanuman maintained.
    “This man has wasted four years of his life and now they’ve just thrown him out into the street. He literally has nowhere to go to tonight.
    He has not a cent in his pocket. I have now to try to find him accommodation and try to find him some money.
    “Where’s the apology from the State for depriving this man of four years of his life? There needs to be an urgent change in the system.”

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  • READY TO WORK
    After swearing-in, CJ says it will take huge team effort
    Making it clear that there was no time for basking in the adulation that comes with one’s elevation to the highest judicial office in the land, Barbados fifth Chief Justice since Independence, Patterson Cheltenham, says he is ready to roll up his sleeves to begin addressing issues such as case delays and backlogs in the system.
    Cheltenham, who took the oath of office yesterday, administered by Governor General Dame Sandra Mason at Government House, said that from as early as tomorrow he plans to carry out extensive consultation with his judges to tackle issues.
    ‘Mission critical’ “Mission critical for me is to speak to my judges from Monday morning, lay out my plans and hear from them because it is going to take an enormous team effort. I will have to work with them, and they will have to work with me, and I don’t propose at this initial stage to speak on matters that first have to be discussed with them, but there are serious issues that we will be discussing. What I can tell you is that prior to today I would have spoken with everyone. I have had a good reception thus far and I anticipate that this will continue,” said Cheltenham.
    Cheltenham, who replaces Sir Marston Gibson, disclosed that he had already devised a plan that would deal with most of the longstanding issues but underscored the importance of deeper assessment to ensure that his vision was in keeping with realities and capabilities of the system.
    “There are a lot of things that must be addressed, and I have a clearly articulated plan, but one must remember that I have never been to the building [Supreme Court] other than as a lawyer. Going in as the Chief Justice is a completely different role and I am assuming nothing because there will be things that I will find once I arrive there, but I have to first listen and ensure that plans I have are in sync with what I find,” he said while stressing that the details of his plan would be revealed after his consultation with the judges.
    A first
    After the ceremony, which began promptly at 11 a.m., Attorney General Dale Marshall told the media that Cheltenham’s appointment represented the first time that someone with a sole private practice background was appointed to the position. He argued that this departure from the norm could result in a fresh vantage point from which the issues hindering the court system could be approached.
    “This is the first time that someone who served entirely in the private Bar has ascended to the office of Chief Justice, and that brings with it a particular dynamic, as it brings an individual who has a perspective from the other side of the fence. Having lived and worked through it, he would understand the challenges of a system where justice is not delivered with dispatch. So, I think we are going to benefit
    from this unique perspective and insights from a Chief Justice who has been in the hustle all these years. His legal mind is brilliant, and I am proud to be at an occasion such as this,” said Marshall.
    Also in attendance at the swearingin was the Chief Justice’s older brother and former President of the Senate, Sir Richard Cheltenham, who said he was proud of his sibling’s achievement. “I am filled with pride and delighted to see him assume the office of Chief Justice of Barbados. I wish him well and I hope the many family members who are abroad will have the opportunity to share in the occasion through photographs, but it is for all of us a happy and memorable occasion,” he said. (CLM)

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  • Ultimatum
    GOVERNMENT HAS 14 DAYS TO RESPOND “FAVOURABLY” OR LAW SUIT WILL BE FILED
    By Emmanuel Joseph
    Government is being threatened with a lawsuit over the alleged breach of a former prisoner’s constitutional rights.
    Queen’s Counsel Michael Lashley, attorney for Shad Gabriel Orlando Slocombe, today dispatched letters to Commissioner of Police Tyrone Griffith and Attorney General Dale Marshall, giving them 14 days from receipt of the correspondence to favourably reply or they will face the law courts.
    Lashley told Barbados TODAY his first wish is for an out-of-court settlement for undisclosed damages.
    “Failing that, we will sue,” he declared. Lashley initiated the action after his client was set free on five counts of aggravated burglary during his appearance before High Court Justice Carlisle Greaves last week, when an alleged confession statement was thrown out.
    The attorney claimed Slocombe was not treated as he should have been while in custody and being interrogated, thus leading to the legal action now threatened against the authorities.
    Last Wednesday, during Slocombe’s trial, a voir dire was held in the absence of the jury, to determine the admissibility of a statement allegedly made by Slocombe on February 2, 2018 at Hastings Police Station.
    Lashley had objected to the statement, on the grounds that his client was beaten and ill-treated and not fed while in police custody and during the taking of the alleged confession statement.
    In an interview with Barbados TODAY, the senior counsel also contended that his client, who was 18 years at the time, was not fed until the day after the alleged statement was taken. He said the police station diary confirmed that.
    “It was unfair to question the accused man from the evening time until the night time without being fed, and this sapped his will.
    The station diary also revealed that he was asthmatic,” the Queen’s Counsel said as he explained what he told the court.
    After hearing submissions from Lashley as well as prosecutor Neville Watson, who appeared in association with Rudolph Burnette, Justice Greaves threw out the confession statement, deeming it inadmissible, and set Slocombe free on all counts.
    His co-accused, Niko Antonio James, had pleaded guilty to the same charges two months earlier.
    Slocombe, of Country Park Towers, St Michael, had been charged along with James, with entering Mohammed Patel’s home as a trespasser and stealing two cellular phones and $1 700 in cash belonging to Patel. The total value of the stolen property was $4 000.
    They were also charged with stealing, from the same house, one cellular phone and $50 (total value $1 850) belonging to Asef Mangera; $300 belonging to Latif Patel; one cellular phone and $350 (total value $2 150) belonging to Ahmed Kara; and one cellular phone and $50 (total value $1 850) belonging to Ismail Hans.
    At the time of the incident, lawmen said, the two had a firearm and a knife.
    Slocombe had pleaded not guilty to the charges on November 2, 2020, before Justice Greaves.
    Attorney Seantelle Parris appeared in association with Lashley who described the ruling in his client’s case as historic, as he noted that it is rare for confession statements to be thrown out in a voir dire.
    He contended that police could have recorded Slocombe’s station on camera, a procedure that currently has legislative backing.
    (emmanueljoseph@barbadostoday.bb)

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  • Good job as usual, Carlisle Greaves! These allegations have been going on for too many years. Time this problem is solved. This is 2020 and technology is available.

    But why did Michael Lashley and Adriel Brathwaite and company allow this to happen to the suspect?????

    Allegedly happen, of course.

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  • @Donna

    Preferred others to make the observation. Many get caught up in the theatre losing sight of the root.

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  • ” their duty as young attorneys-at-law to the court and to their clients and as trustees in relation to funds that are placed in their care,” Marshall said.

    https://barbadosunderground.net/tales-from-the-courts/lawyers-in-the-news/

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  • Editorial
    Protecting the legal profession

    Coincidence or a pattern. It may be both.
    On a recent weekday, in an area that stretched from Barbados and Trinidad and Tobago to New York, authorities monitoring the behaviour of members of the legal profession were voicing their deep and justifiable concern about a festering problem.
    The source of trouble: attorneys accused of fiddling with clients’ funds while failing to complete legal work for which they were paid.
    In Barbados’ case, the nation’s two top legal officers – new Chief Justice Sir Patterson Cheltenham and Attorney General Dale Marshall – both used the admission of 32 new lawyers to the Bar last week to remind the newly minted lawyers that trust and their code of ethics demanded the ultra-safeguarding of clients’ money as if their livelihood depended on it. Indeed, it does depend on it.
    Both spoke wisely.
    Sir Patterson, perhaps thinking about the words of a predecessor, Sir David Simmons, told them they should consider themselves “a trustee” but not “a beneficiary” of the funds that “are to be held for the prescribed period to be delivered undiminished to the person on whose behalf they are held. Deviation from this trust destroys public confidence in the administration of justice”.
    Back in 2008, Sir David addressed the issue of clients’ money when he told a new class of lawyers that “your clients’ account must not be used as your personal bank account”.
    Such action erodes trust, something that seems to be happening too often these days and, unfortunately, may be unjustifiably soiling the reputations of far too many lawyers.
    That was probably on the Attorney General’s mind when he said lawyers were not “untouchables”.
    “Unfortunately, the perception has been that lawyers can get away with anything, that lawyers can do what they like, that the system is closed and that no lawyer is ever going to be punished,” he said.
    That is not the case. Some lawyers have been disbarred or suspended and at least one went to jail for dipping into a client’s funds.
    Being suspended
    But Barbados is not alone. It was a coincidence, of course, but as Barbados was agonising over what was happening on its shores, four attorneys in neighbouring Trinidad and Tobago were being suspended from practising law for not complying with orders of the Law Association’s Disciplinary Committee. In one case, a lawyer was reportedly suspended and barely escaped a jail sentence for not making restitution of a client’s missing funds.
    Senior New York State Appeals Court judge Sylvia Hinds-Radix, a Barbadian, said they had a somewhat similar problem in Brooklyn. She made it clear her court, which also admitted attorneys, was unrelenting in its efforts to eradicate the nightmare by punishing lawyers who misbehave.
    The situation in Barbados cries out for urgent remedy, some of which is already contemplated by the Government. At the top of that priority list must be a dramatic overhaul of the Legal Profession Act of the 1970s, a time when Barbados had about 100 attorneys, compared with today’s 1 000-plus.
    Reform of that law is overdue. “I expect that we will be giving some priority to make the necessary amendments” to the act, said Marshall.
    The new Law Reform Commission should rewrite the entire act next year and do so in a way gives the process additional teeth to crack down swiftly and fairly on some of the get-rich-quick-minded practitioners who are giving the profession a bad name.
    An important remedy would be giving a representative of civil society a voice in the disciplinary process; for instance, a priest. Next should be the introduction of a mandatory programme of continuing legal education for attorneys. Consideration should also be given to upgrading the role of established mentors who can help guide young lawyers.

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  • Whaaaaaat! Surely you jest! Up in Brooklyn, New York?????? That would have to be the overseas Bajans that carried their nasty Bajan Condition up in there!

    Wuhlaus!

    But I had been made to understand that the white man’s perfect system would have knocked them into perfect shape!

    🤷🏽‍♂️🤷🏽‍♂️🤷🏽‍♂️🤷🏽‍♂️🤷🏽‍♂️🤦🏽‍♂️🤦🏽‍♂️🤦🏽‍♂️🤦🏽‍♂️🤦🏽‍♂️

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  • MOCKERY!
    Deputy DPP blasts automatic 3 months off a year at Dodds
    By Heather-Lynn Evanson heatherlynevanson@nationnews.com
    Every prisoner serving a sentence at HMP Dodds gets three months shaved off each year regardless of whether they behave well or curse prison officers.
    And this practice, said Deputy Director of Public Prosecutions (DPP) Alliston Seale, makes a mockery of any rehabilitative and punitive effect prison is supposed to have.
    “The public must be [appalled] to hear this,” he declared. “I am sure the public does not know this because they would be shocked to find out that when the court sentences an individual to a term of imprisonment, he is sentenced to really nine months out of the year and gets it regardless of how he behaves.”
    This, said the prosecutor, made a “joke of the criminal justice system in Barbados”.
    Time off sentence
    Seale was speaking after the No. 2 Supreme Court had learnt, from manager of Maximum Security at the St Philip jail, Prison Officer Wayne Trotman, that regardless of infractions against the prison rules, a prisoner would still get the time off his sentence.
    The information came to light as the court dealt with convicted manslayer Ryan Omar Samuel, of Grape Hall, St Lucy, who was found guilty by majority verdict of unlawfully killing – manslaughter – Charley Dume on April 26, 2014.
    Samuel was originally on trial for murdering the man at Coyote’s Den, located at the corner of Wellington and Nelson Street, The City, after pumping seven bullets, at close range, into the unarmed shop attendant who supposedly disrespected his boss.
    Since he had been on remand, Samuel incurred five infractions against the prison’s rules – assaulting fellow inmate Pedro Caddle while they were on a prison bus; three instances of using abusive, insolent, threatening or improper language in the presence and hearing of a prison officer, and one instance of offending against good order and reasonableness by shouting.
    When he was questioned by Seale, Trotman revealed infractions did not affect the three months off a prison sentence.
    “Yes, he would still get nine months if he committed infractions,” Trotman said.
    It was this revelation that drew the ire of the senior prosecutor who said the policy forced him to question the rules of the prison.
    “I do not understand how we can have a prison system in Barbados and everybody calling a prison year, nine months. And you simply get nine months once you’re sentenced to a term of imprisonment. So, for 20 years, you get three months off of every year more or less, regardless of your behaviour. So, how do we expect that prisoners will behave?” he asked.
    “Well, no wonder they cuss the prison officers down by the cells and cuss them to go from ’round them and all sorts of things, because if your behaviour does not affect your term of imprisonment, if every year I do not come up for review to determine whether I get these three months or not and I have a right, because that is what it sounds like to me, that I have a right to remission of three months from the year regardless of how I behave, I am surprised there aren’t more riots in the prison.”
    Seale stressed that the three-month remission should be a privilege and not a right.
    If an inmate did not behave, he/she should be made to serve the full calendar year as imposed by the court, he said.
    “The court has sentenced you to a calendar year and only very well-behaved prisoners should get that remission.”
    “No wonder the prison officer said that everybody in Maximum Security infringes because they know full well they could cuss, fight, do as they like and still get three months off.
    “We must be making a joke of rehabilitation and reformation in Barbados because notwithstanding it has a rehabilitative effect, there is still the punitive effect and if in prison, of all places, you are sent to behave yourself, and you can’t behave, then where else will you behave?”

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  • Alison Seale is right on point. I have always labeled Dodds as Sandodds

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  • It must be embarrassing for someone somewhere to have the deputy solicitor general make an emphatic claim then to be refuted by the line manager responsible.

    No ‘ease’ for all
    Prison boss: Only some inmates get three months off
    by COLVILLE MOUNSEY colvillemounsey@nationnews.com
    SUPERINTENDENT OF PRISONS Lieutenant Colonel John Nurse has denied that inmates are automatically getting three months off each year of a sentence regardless of behaviour.
    Nurse told the MIDWEEK NATION that over the years there have been many prisoners who had this eligibility revoked for failure to adhere to the prison’s code of discipline or participate in the rehabilitative process.
    “It is not true that all prisoners automatically get that three months shaved off. It must be earned through good conduct and industry. In other words, if you are well behaved and you abide by the rules and you participate in the rehabilitation programme, you would generally get a good report and you get that three months shaved off,” said Nurse.
    Last week, Deputy Director of Public Prosecutions Alliston Seale complained that the practice of automatically reducing a prisoner’s year at Her Majesty’s Prisons Dodds to nine months, regardless of whether they were taking to the rehabilitative process, made a mockery of any rehabilitative and punitive effect prison was supposed to have.
    Shocking
    “The public must be [appalled] to hear this,” he declared. “I am sure the public does not know this because they would be shocked to find out that when the court sentences an individual to a term of imprisonment, he is sentenced to really nine months out of the year and gets it regardless of how he behaves,” he lamented.
    His comments came after the No. 2 Supreme Court learnt from manager of Maximum Security at the St Philip jail, Prison Officer Wayne Trotman, that regardless of infractions against the prison rules, a prisoner would still get the time off.
    However, Nurse said prisoners got no such free pass. He explained that the prison system had tiers of escalation in handling prisoner infractions and that the removal of the three-month reduction eligibility was among the last resorts. He said most prisoners shaped up long before the disciplinary process reached that stage.
    “All prisoners are eligible but if you read the law, it is clear. But, I understand what [Seale] is trying to say when he claimed that the process was automatic. Generally speaking, when people come to prison, they try to abide by the rules, they occupy themselves with the rehabilitation programmes. So generally speaking, you would find that most people will get those three months shaved off. It is only if you have serious breaches of discipline and you continue to breach discipline that you would find persons not qualifying.”
    Nurse pointed out that like any institution, there would be those who would attempt to run against the grain but said it was counterproductive to jump to the severest punishment at the first sign of an infraction.
    “Cumulatively, over the years, we would have gotten many persons who would not have qualified for this reduction in their sentence. You will always find prisoners who would not be industrious and who would not be of good behaviour, and so part of the disciplinary process in accordance with the law would be to lose some of that remission,” he said.

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  • Crown counsel: A clerical error
    Blame it on the clerk/ typist.
    This was the reason given by the Crown yesterday as to why documents in the Court of Appeal purported to show an appeal brought by a non-national who had his charges dismissed by the Magistrates’ Court.
    The matter was listed as Ralph Joseph James vs the Commissioner of Police and, as he perused the documents before him, Chief Justice Sir Patterson Cheltenham said he could not understand why someone who had all charges dismissed would want to appeal.
    James, 61, a marine engineer, of No. 58, Grants Avenue, Sydenham, Spanish Town, St Catherine, Jamaica, had been accused that within the limits of the island’s exclusive economic zone established by the Marine Boundaries and Jurisdiction Act Cap 387, he had cannabis in his possession; he had a traffickable quantity of the drug and he had it with intent to supply, on November 7, 2020.
    James’ attorney Ryan Moseley had argued Coast Guard sailors had no jurisdiction to arrest him where they did as the Barbados Territorial Waters Act
    sets the limits of the territorial waters at 12 nautical miles from the shore.
    He said there was a further 12 miles after those first 12 miles, called the contiguous zone, where Barbados could enforce laws in relation to immigration, customs and fiscal laws.
    He added the state only had a sovereign right in the exclusive economic zone, which then extended up to 200 miles off Barbados, in relation to the exploration, exploitation, conservation and management of its natural resources. A drug charge, Moseley said, did not fall into that category.
    Crown Counsel Romario Straker, who appeared on behalf of the Director of Public Prosecutions
    (DPP), had agreed with the submissions since James was found 30 miles off the coast of Barbados, which meant he would have been in the exclusive economic zone. The matter was then dismissed and James was handed over to Immigration officials.
    Yesterday, Sir Patterson, who presided with Justices of Appeal Rajendra Narine and Francis Belle, said he was “seeing an appeal with the appellant being the very man who was freed, his counsel has certainly filed no claim in the matter and Romario Straker, who normally works for the DPP, is appealing on behalf, according to the documents in front of me, of the appellant who is Ralph Joseph James.
    “Is this appeal properly constituted?” the Chief Justice asked.
    Senior Crown Counsel Oliver Thomas, who represented the Commissioner of Police, said it was a “clerical error”.
    He said the appeal was filed within the seven-day stipulated time but “we have no control over the manner in which the documents are prepared”.
    However, Sir Patterson said the appeal documents stated “Ralph Joseph James”, as did the notice of appeal, the documents to prosecute the appeal and the grounds of appeal.
    “And at no time other than now are we picking up that we have the wrong appellant?” he asked.
    Crown Counsel Straker told the court he believed “this was a situation where the typist would have taken a form from before and filed in the names as she is accustomed to, as opposed to putting the information as it was on the written form”.
    When the court called on attorney Moseley to respond, he said he could not because he had not been served with any documents.
    “Mr Straker did call me to say he was appealing and I saw a newspaper article to say the Crown had appealed and that it is. We have
    no documents. We are at a disadvantage when it comes to arguing anything whatsoever,” he said.
    “But certainly I can say I acted for Mr James at the Magistrates’ Court and I informed him the Crown said they were appealing, and I told him I would share any documents with him once I had them. But as far as I know, Mr Straker never left his post to represent Mr James and asked him if to appeal anything, and I certainly had no instructions to appeal,” Moseley said.
    In the end, the court gave the Crown time to refile its documents and adjourned the matter until May 19.

    Source: Nation

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  • I have heard that a gentleman solicitor appears not to be fullfilling his duties. He has been given the red card and would have received documentation to that effect but he remains elusive. He needs to communicate to his client and sign of the relevant documents.

    Mia you need to sort out the legal mess on your island.

    Like

  • Who is this gentleman?

    Like

  • Attorney put out of court
    THE EVICTION of an attorney brought an abrupt end to a matter in the No. 4 Supreme Court yesterday.
    Jamaican attorney Marlon Gordon was put out of the court by Justice Laurie-Ann Smith-Bovell after he refused to comply with one of her rulings.
    The court was conducting a trial within a trial and hearing arguments in the absence of a jury as it dealt with the drug matters against Deon Maurice Knight, of Glenburnie, St John, and Dave Ricardo Fenty, of Durants Village, St James.
    Gordon was appearing for Knight, while attorney Ryan Moseley represented Fenty.
    It was as Deputy Director of Public Prosecutions Alliston Seale was cross-examining one of the accused that the judge was forced to repeatedly speak to Gordon.
    She then ordered that he be removed from the court.
    “He did not comply with my ruling so we adjourned the matter for today,” Justice Smith-Bovell later told the remaining attorneys and the accused.
    The matter will resume on June 16.

    Source: Nation Newspaper

    Like

  • Lawyers ‘causing court backlog
    There were 70 Court of Appeal matters “lying idle”, where attorneys had filed nothing else but the notice of appeal, said Chief Justice Sir Patterson Cheltenham.
    So when the public and others blame the court for the backlog, it’s actually lawyers who should be taking the blame, he added.
    “On assuming office, I instructed that there be a serious dig in the Court of Appeal and that dig found 70 matters lying idle,” he revealed. “This is classic. A notice of appeal and nothing else. And we have been ferreting them out so that matters can be brought on for hearing.
    “So the word would go out that ‘we have filed an appeal and that inefficient court is doing nothing’. That’s not the story. It’s the lawyers who have done nothing.”
    The Chief Justice made the comments as he and his fellow Court of Appeal judges took attorneys from the firm Carrington and Sealy, who represented appellant Southern Golf and Country Club Ltd, to task for failing to appear yesterday.
    Southern Golf and Country Club Ltd had brought an appeal against a High Court decision given in favour of respondents Peter Sinclair Jackman, Marjorie Edina Jackman, Grantley Taylor, Hermine Pamela Taylor, Jedal Investments Ltd, Alamac Trading Ltd, Meghale Investments Inc., Ernest Enterprises Ltd, Stephen William Harold Tryhane and Osmond Crighton.
    When the matter, which was down for a case management conference, was called, attorneys Bryan Weekes, Satcha Kissoon, Marcel Al-Daher, Kevin Boyce and Edmund King, who represented the respondents, were present. However, there was no representative from Carrington and Sealy.
    The court was informed that a representative of the firm had sent a letter to the Registry requesting an adjournment in the matter. That letter was found and handed to the court.
    However, Sir Patterson noted that “even if they have a good reason for the adjournment, they still have to appear in court” to inform of those reasons.
    “It is their appeal,” he said. Justice of Appeal Francis Belle said that the court had been making every effort to ensure matters did not “sit in the Registry and gather dust”. He said the Civil Procedure Rules set out the guidelines for anyone, including counsel, who filed an appeal. “Clearly that has not been adhered to.” Justice of Appeal Belle said attorneys were officers of the court who had obligation to see matters processed, and not to waste the courts’ or other counsel’s time. “I do think counsel needs to be reminded of their responsibility to the court as officers of the court referring to the overriding objectives and the fact that we want to avoid backlog, unnecessary backlog.
    “Therefore, they need to make haste and decide what they are doing; otherwise, somebody else will have to decide for them,” he added.
    Justice of Appeal Margaret Reifer said she was especially concerned about the non-appearance of attorneys for the appellant since the decision from the High Court showed “quite clearly” that a team of “senior lawyers and juniors lawyers, all of whom are still in practice” had represented the entity.
    “And I think someone should have been here for the appellant this morning, especially given the fact that it is their appeal,” she said.
    Attorney Bryan Weekes noted that while there were time frames in which a notice of appeal must be filed, there was no time frame for service of it, and there was no requirement for the filing of an affidavit of service.
    “I don’t know if it is possible in the fullness of time that a Practice Direction may be able to be issued to correct that, but clearly to require the Registration staff to act as the police for the prosecution of appeals I don’t think is fair,” Weekes said.
    Sir Patterson later agreed and revealed that the Rules Committee was being activated “anytime now”.
    The matter was adjourned until June 3 for further case management.

    Source: Nation

    Like

  • A good read. Not a B thing or a D thing.
    A Salemite/Abigail/pick-a-noise thing.
    Disadvantaging people.

    https://barbadostoday.bb/2021/05/18/attorneys-back-ruling/

    Liked by 1 person

  • Jailed lawyer beefs up team
    Cheraine Nicole Parris, the attorney in jail for stealing a client’s money, has added another lawyer to her defence team as she seeks to have her sentence overturned.
    Last September, Justice Randall Worrell sentenced the lawyer, of Lowlands, Christ Church, to four years in prison for stealing $302 000 belonging to Ashleigh Morrison, between April 15 and August 20, 2010.
    She had originally been charged with stealing $462 000 but was indicted for the lesser amount after she repaid the difference.
    Parris also admitted engaging in money laundering in that she disposed of $302 000, between April 15 and August 16, 2010, being the proceeds of crime.
    She had engaged the court in a Maximum Sentence Indication and had accepted the judge’s sentence.
    When the matter was heard on Thursday, attorney Marlon Gordon entered an appearance for Parris, while Deputy Director of Public Prosecutions Alliston Seale appeared for the Crown.
    Queen’s Counsel Michael Lashley, who appeared with attorney Sade Harris for Parris, told the Court of Appeal he had a discussion with Parris based on the
    record of the trial.
    “I have asked the appellant in terms of this matter moving forward . . . that if the appellant is so minded, that I will need it in writing in terms of her position with respect to the appeal, because I have my own professional opinion on the matter,” Lashley told Justices of Appeal Rajendra Narine, Jefferson Cumberbatch and Francis Belle.
    He added that Gordon had spoken to Parris and he (Lashley) would need to take further instructions from her.
    Justice of Appeal Narine told Parris and her attorneys that the appeal will be heard on July 14 “however your discussions turn out”.
    (HLE)

    Source: Nation

    Like

  • Why was he note cited? His head is bad.

    Attorney chided for disrupting court
    Embattled attorney Marlon Gordon found himself in more unwanted limelight yesterday when he was upbraided by an appellate judge for his “disrespectful and disruptive” behaviour during a murder appeal.
    When he was threatened with the possibility of contempt proceedings at the time, said Justice of Appeal Rajendra Narine, the attorney actually invited the court to cite him.
    “What transpired on that day was an experience that I have never encountered in 24 years on the bench – an attorney deliberately speaking over me, not allowing me to preside over the proceedings and simply refusing to listen,” Justice of Appeal Narine said.
    However, the Court of Appeal opted not to cite Gordon for contempt yesterday after the Jamaican tendered an apology to the court.
    “You were the highest court. You were also the Acting Chief Justice; one of my former teachers, Justice (Jefferson) Cumberbatch, was also sitting at the time and I felt that it wasn’t my brightest moment,” Gordon later said.
    “So I will extend to the court my sincere apologies . . . so that the matter as it is will not be repeated from my end,” he said.
    Justice of Appeal Narine recalled that it was during the first day of the appeal, brought by manslayer Junior Christopher Worrell, that there was a “prolonged incident” during which Gordon “continuously and deliberately interrupted” him.
    Justice Narine said he took the “preventative step” of adjourning the court.
    “I was unable to effectively say anything because any time I spoke, Mr Gordon spoke above me, thus preventing me from effectively presiding over the matter,” he said.
    “The conduct of Mr Gordon on that day I found to be disrespectful in the extreme and he showed a complete disregard for the authority of the court. His behaviour was also disruptive since the court could not proceed with its business.”
    The appellate judge said he warned the disruptive attorney about his behaviour, even telling him it could lead to contempt proceedings, only to have Gordon “invite” him to start such proceedings.
    He said he opted not to do so at the time but promised that once Worrell’s appeal was completed, the court would revisit the matter.
    Yesterday, the attorney was given an opportunity to “make a sincere and unqualified apology to the court for his conduct on that day and to give an undertaking to this court that such disrespectful and disruptive behaviour will not be repeated in the future”.
    Gordon said it was “rare” that he found himself in such a position before the Court of Appeal.
    He added his behaviour was influenced by his trying to get an adjournment in the appeal because he was preparing for several other matters.
    “Having practised for so many years in the court, it felt to me that I was under the microscope. I felt backed in a corner that I wasn’t accustomed to.”
    The lawyer said he had not anticipated some of the court’s comments, including that the delays occasioned by counsel were in contempt of court.
    “We do recognise how important times and deadlines are. It’s not an excuse for how I reacted. I can only ask that in spite of my approach to it, it was never intended to in any way assail the court’s authority over the proceedings. I lost my urbanity,” he said.
    “I will soldier on. I have undertaken to work faithfully, to work harder, to be more prepared and to be more on time.”
    Justice of Appeal Narine, as well as Justices of Appeal Jefferson Cumberbatch and Francis Belle, accepted the apology, with Justice of Appeal Narine saying the court never doubted Gordon’s sincerity when it came to representing his client.
    Last month, Gordon was put out of the No. 4 Supreme Court by Justice Laurie-Ann Smith-Bovell for similar disruptive behaviour when he refused to heed a ruling. (HLE)

    Source: Nation

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  • Lawyer denies theft and money laundering
    ATTORNEY ERNEST WINSTON JACKMAN made his first appearance on theft and money laundering charges at the High Court yesterday.
    Jackman, 66, of Wiltshire Plantation House, Wiltshire, St Philip, pleaded not guilty to stealing $678 414.75, between June 23, 2006, and March 5, 2007, belonging to HEJ Ltd.
    The lawyer also pleaded not guilty to directly engaging in transactions totalling $678 414.75, between June 23, 2006, and October 18, 2011, being the proceeds of crime.
    He was represented by attorney Mohia Ma’at, while Senior Crown Counsel Olivia Davis prosecuted.
    Justice Randall Worrell set October 4 as the date for trial.

    Source: Nation

    Like

  • @ David June 1, 2021 6:04 AM

    Blogmaster, how could this M/L charge apply?

    Are the law enforcement agencies making mock-sport at Bajans by turning the Law into a bare-back ass braying in a circus to entertain the local monkeys?

    Didn’t this alleged theft take place between 2006 and 2011under the old ML legislation?

    Didn’t one of your “MIA” contributors called ‘Strong Head’ Greene, in association with Guy Mayers, argue vehemently that the previous piece of M/L legislation could not apply to the Donville Inniss case since the old law only applied to those acts involving illegal drug trafficking and terrorism.

    Same thing applies to poor old Leroy Parris who is still waiting, with his bevy of well-connected lawyers, to have his day in court in the year 3021.

    Like

  • @Miller

    What were the charges for Phillip Lumpy Nichols?

    Like

  • Lawyers get warning from magistrate
    Magistrate Elwood Watts has sounded a warning to lawyers that he will not be adjourning matters indefinitely for their benefit.
    His comments came in the wake of a theft charge which had been set for trial since October last year but is yet to begin.
    Prison officer Stephenson Ricardo Trotman, 45, of Block 11D Wotton Housing Area, Christ Church, was in the District “C” Magistrates’ Court on Monday charged with stealing four bottles of diesel valued at $28.76, the property of the Crown, on May 14, 2018.
    When prosecutor Sergeant St Clair Phillips called the matter, he informed the court that defence counsel Arthur Holder was detained at High Court. There were four witnesses present.
    “Usually the lawyers say the prosecutor is not ready. I am ready to press ahead, with or without a lawyer,” Phillips informed the court.
    Magistrate Watts told Trotman: “If the shoe was on the other foot, then he would ask to have the matter dismissed for want of prosecution.
    I am not going to yield to any more adjournments. It is not that we don’t want him to do his other work, but give us dates we can work with.”
    The case was adjourned to August 4.

    Source: Nation News

    Like

  • Convicted attorney Pile must complete her prison term at Dodds says Appeal Court

    Article by
    Fernella Wedderburn
    Published on
    July 17, 2021

    Attorney Vonda Pile will not be practicing law for the foreseeable future after she lost an appeal against her theft conviction and three-year sentence before the Barbados Court of Appeal on Friday.

    However, Pile’s legal counsel Andrew Pilgrim Q.C. has already signalled their intention to take the matter before the Caribbean Court of Justice (CCJ) – Barbados’ highest court.

    Pile was found guilty, by a 7-2 majority verdict, on June 5, 2019 of stealing $191,416.39 (US$96,008.22) from former client Anstey King between April 29, 2009 and October 26, 2010. The money was earmarked for the purchase of land. She was however acquitted on the charge of money laundering.

    The trial judge Justice Pamela Beckles in September 2019 sentenced Pile to three years in prison less 94 days.

    However, months after she was jailed, the well known lawyer of 27 years’ practice was granted bail following an appeal.

    After over a year on bail however, Pile was today sent back to Her Majesty’s Prison Dodds in St Philip to serve the remainder of the sentence.

    The development came when the panel of Appeal Justices Rajendra Narine, Jefferson Cumberbatch and Francis Belle “unanimously” upheld the jury’s verdict and judge’s sentence.

    “The conviction was . . . not disturbed. The appeal is therefore dismissed. Conviction and sentence are affirmed. Sentence will therefore run from the day the sentence was imposed. Time already spent serving sentence before bail was accessed will be deducted from the sentence – this is the unanimous decision,” Justice Belle said this morning as he gave a summary of the panel’s 40-page decision.

    Pile had challenged the verdict and sentence on a number of grounds, the majority of which the Court of Appeal judges “rejected”.

    Among them was that the court failed to withdraw the case from the jury at the end of the prosecution’s case; the trial judge failed to remedy the prejudicial evidence given by two of the Crown’s witnesses and that it was an abuse of process for the Crown to proceed with the charge of money laundering. The defense also argued that the trial judge failed to adequately put the appellant’s case to the jury – which the Appeal Judges described as “untrue;” and that the trial judge failed to direct the jury on several issues of law.

    Another ground was that the judge failed to give the customary “good character” direction to the jury.

    “On this matter the court felt that this was indeed an omission of the judge’s directions to the jury. It is clearly the law that the appellant was entitled to the good character direction and this probably should have been on both limbs [of] credibility and the propensity to commit the offence. . .

    “However, we also concluded that that omission was not fatal, since based on the strength and the evidence of the case – the jury would have inevitably convicted the appellant,” Justice Belle stated as he brought the matter – in which the respondent was represented by Principal Crown Counsel Krystal Delaney and Crown Counsel Oliver Thomas and Kevin Forde – to a close.

    The sum of money for which Pile was convicted was part of a larger amount for the purchase of land at Maxwell, Christ Church.

    During the trial it was revealed that King had sent the deposit and purchase money to Pile with whom he had previously done business. He subsequently came to Barbados but after seeing the land said it was not the plot that he had agreed to purchase and requested his money back.

    Pile returned a portion of the funds but after several demands for the remainder, King took the matter to the police resulting in charges of theft and money laundering. (fernellawedderburn@barbadostoday.bb)

    Like


  • Convicted lawyer accepts sentence

    Article by
    Barbados Today
    Published on
    July 15, 2021

    Jailed attorney Cheraine Nicole Parris has had a change of heart and will no longer fight her four-year sentence before the Barbados Court of Appeal.

    When the convict appeared before the three-member panel of Justices Rajendra Narine, Jefferson Cumberbatch and Francis Belle this morning, her attorney Michael Lashley Q.C. said based on his consultation with his client “her desire is to abandon the appeal respectfully”.

    Justice Narine then granted leave for Parris to withdraw the appeal, in which Deputy Director of Public Prosecutions Alliston Seale was representing the respondents.

    The convicted attorney had previously signaled an intention to appeal her sentence on a single ground that it was “unreasonable”.

    She was sentenced in September 2020 by Justice Randall Worrell to four years in prison for stealing $302,000 belonging to Ashleigh Morrison between April 15 and August 16, 2010. Another four-year sentence was also imposed to run concurrent to the first, for engaging in money laundering by conducting a series of transactions in moving the cash, being the proceeds of crime.

    The money had been earmarked for the purchase of a condominium where Morrison was residing. The complainant had deposited in Parris’ account, a total of $462,000. Of that amount, $160,000 had been repaid in two separate payments– $150,000 in the first instance and then $10,000.

    Read our e

    Like

  • A law firm (an attorney at law) advertising its services over the internet should have a secure international standard website.

    I entered the name of a well-know Barbados law firm into my search engine. My computer informed me that my connection to this site is NOT SECURE; YOUR CONNECTION IS NOT PRIVATE; YOUR CONNECTION TO THIS SITE ISN’T FULLY SECURE. ATTACKERS MAY BE ABLE TO SEE THE IMAGES YOU’RE LOOKING AT ON THIS SITE AND TRICK YOU BY MODIFYING THEM.

    The law firm in question has a hyphenated name.

    By the way, BU’s website is secure.

    Like

  • I am looking at the blogs posted here within the past few months. I get the impression that these misdeeds are being taken more seriously.

    I like this paragraph in one of the post
    “He said he opted not to do so at the time but promised that once Worrell’s appeal was completed, the court would revisit the matter.”

    Translation
    “Yuh play yuh bad. Wait and see.”

    Like

  • “Attorney-at-law…….. in police custody in connection with the discovery of a large quantity of marijuana allegedly found at a residence.”

    https://barbadostoday.bb/2021/07/30/lawyer-in-custody/

    Like

  • Not surprising. Perhaps a search may reveal funds of others. I heard my mom calling this name.

    Like

  • Former head of the Drug Squad ,no less!

    Oh lord!

    You see now why the young people have no respect for the police?

    Some of them may have been in his employ!

    Like

  • Lawyer in custody
    POLICE PUBLIC RELATIONS OFFICER, Acting Inspector Rodney Inniss, has confirmed that attorney George Adolphus Bennett is in police custody but he said no charges have been laid so far.
    Reports indicate that the 60-year-old lawyer was taken into custody last Friday in relation to the discovery of several bales of marijuana and ammunition.
    Bennett was a policeman in the Royal Barbados Police Force for 23 years before retiring in 2005. He worked for many years as an inspector attached to the Drug Squad.
    An avid hockey player, he has captained and managed the Barbados national hockey team, and last year he was appointed president of the International Hockey Federation’s judicial commission.
    (Nation News Desk)

    Like

  • “Barbadian lawyer and Guyanese charged in connection with over $2m worth of drugs” Barbados Today

    Like

  • Donna July 31, 2021 8:08 PM #: “Former head of the Drug Squad ,no less! Oh lord! You see now why the young people have no respect for the police?”

    @ Donna

    I understand your point about ‘young people not respecting police officers.’

    Remember, Bennett is not a police officer, he’s a civilian…….. ‘who should know better.’

    It’s ironic the former Inspector of Police who was attached to the Drug Squad for several years, has been arrested, charged & remanded for crimes he previously arrested and charged and, as an attorney, currently represents people for committing.

    I remember him being promoted through the ranks from a Police Constable to Station Sargeant to Inspector.

    I’m sure his former colleagues are very disappointed.

    Like

  • Date set for attorney’s case

    Attorney Norman Leroy Lynch will go on trial in October accused of stealing over $450 000.
    Yesterday, Lynch, 71, of Grassfield Gap, Martindales Road, St Michael, was arraigned in the No. 2 Supreme Court that he engaged in money laundering, in that he directly engaged in transactions totalling $457 624 being the proceeds of crime, between June 22, 2007 and December 21, 2008.
    He was also accused of stealing $50 000, between June 18, 2008 and December 21, 2008, and stealing $407 634 between June 22, 2007 and December 21, 2008.
    Senior Crown Counsel Olivia Davis and Crown Counsel Romario Straker are prosecuting.
    Justice Randall Worrell set October 18 as the trial date. (HLE)

    Source: Nation

    Like

  • 9:38 a.m.
    This kind of article is a waste of time.
    Allowing more than a decade to pass and then having a trial.
    What the client wants he)she will never get – their money back.
    Summary
    Bullshit
    Pissing on people legs and telling them it is raining.

    Like

  • These trials are what Trinidadians call a pappyshow.

    It would appear that given the age of the lawyer they system lords we’re waiting for the lawyer to die.

    Bank accounts should have been frozen so that the money could not be transferred (laundered) or spent.

    Any trial that does return the victim’s money is an injustice.

    Then they have this sham fund that will give the victim a pittance of what he/she lost.

    What a horrible and vicious scam for a system.

    Like

  • After doing some digging, it appears the author of the blogmaster’s favorite editorial should be in list of rogues.

    Some Bajans get ‘honorable’ mention.

    Like

  • There’s an underlying fear of working hard, putting it together, returning home and running into a group of crooks. They have one intention and that is to separate you from your money.

    The fear of return to a garden of Eden infested with snakes.

    And institutions which are supposed to protect then go through a mind numbing charade of doing something… t’s are crossed, i’s are dotted and at the end of it you are still not whole; nothing was done; justice was not served; just pretense; a sick and crooked game.

    Like

  • For now – the last word

    There are small and easy fixes that can be made but no one cares to make them. There are the low hanging fruits that everyone refuse to pick.

    It is as if we have irremovable wickedness wired into our system; as if there is a fear to excise these rotten parts and make ourselves better.

    We have become insensitive to the suffering of others and would defend a system that would victimize us if our circumstances change. We are either prey, victims or scared onlookers.

    There are the useless tasks that we pursue with great vigor. We invest our energy in replacing one word by another little realizing that the power and symbolism of words lies in how strongly they are etched in our minds.
    We cannot remove them from the dictionary and ceremonies cannot exercise them from our minds.

    There is the belief that we must all sing in unison, raise our voices in praise and ignore the flaws that are readily apparent.

    Like

  • Pile charged with stealing again
    CONVICTED ATTORNEY Vonda Pile, already serving a sentence for theft of a client’s money, was committed to the High Court on another theft charge when she appeared in the District “A” Magistrates’ Court.
    Pile, of Madison Terrace, Deacons Farm, St Michael, and a near 30-year veteran of the legal fraternity, was ordered to stand trial on a charge of stealing $205 481, between January 11, 2007, and March 16, 2011, being the proceeds of a Royal Bank of Canada cheque payable to Patricia Hall.
    She is also accused of engaging in money laundering in that she disposed of $205 481, being the proceeds of crime.
    Magistrate Manila Renee committed Pile, who had been granted bail on the matter when she first appeared at the District “A” Magistrates’ Court, to the Assizes. It was in 2019 that the attorney was convicted, by majority verdict, of stealing US$96 008 between April 29, 2009, and October 26, 2010, from Bajan/New Yorker businessman Anstie King. She was, however, found not guilty, by majority verdict, of money laundering.
    Justice Pamela Beckles jailed Pile for three years minus the 94 days she had spent on remand.
    However, Pile appealed her conviction and sentence and, while on bail pending its hearing, she had resumed her practice.
    The Court of Appeal later ordered her back to jail to finish serving the three-year sentence after it found no merit in any of the seven grounds of her appeal.
    Her attorney, Queen’s Counsel Andrew Pilgrim, has since indicated he will be appealing to the Caribbean Court of Justice.

    Source: Nation

    Like

  • This is part of the reason the Barbados Court is accused of being inefficient and the law sometimes called an ass.

    Court runs out of time to wrap up
    CHIEF MAGISTRATE IAN WEEKES’ plan to wrap up his decision on submissions in the extradition matter against Alex Tasker hit a stumbling block yesterday when Queen’s Counsel Andrew Pilgrim requested an adjournment because of the late hour of the day.
    The Chief Magistrate had just heard oral arguments as a follow-up to written submissions by Pilgrim and Acting Director of Public Prosecutions Alliston Seale, in the District “A” Magistrates’ Court, and was delivering his decision on those submissions when Pilgrim drew the court’s attention to the time.
    It was 4:01 p.m.
    Under the law, a magistrate has to ask an accused for permission to hear a matter after 4 p.m.
    “I hate to interrupt you,” the senior attorney told the Chief Magistrate, “but it’s after 4 and I think you require our consent to go beyond.
    Request for pause
    “In the circumstances that I may want to take some further instructions, I would like to ask you to pause so that we can address matters, until tomorrow, if you wish,” Pilgrim said.
    Chief Magistrate Weekes said he was only responding to the submissions of counsel.
    “I will then have to go on and ask a question to your side as to what you all wish to do in relation to the whole process,” he said.
    “Then coming out of that the court would then make a determination. The other side will still have to be asked if they wish to submit anything for the court’s consideration.
    “I was hopeful the matter would be completed today (yesterday), at least this phase,” the Chief Magistrate said.
    He then adjourned the matter until today when
    he will continue delivering his decision.
    The former senior vice-president of the Insurance Corporation of Barbados Ltd (ICBL), of Mayfair Terrace, Leadvale, Christ Church, is wanted in the United States to face trial for conspiracy to launder money and money laundering between August 2015 and April 2016.
    He is being represented by Pilgrim and attorney Neville Reid, while Seale and Senior Crown Counsel Oliver Thomas are appearing for the United States government.
    Tasker remains on $200 000 bail with a surety; his passport remains in the custody of the court; he continues to report to the Glebe Police Station every Tuesday, Friday and Sunday, and is on a 6 p.m. to 6 a.m. curfew.

    This is part of the reason the Barbados Court is accused of being inefficient and the law sometimes called an ass.

    Like

  • Lawyer must serve jail time
    by HEATHER-LYNN EVANSON heatherlynevanson@nationnews.com
    CONVICTED ATTORNEY Vonda Pile’s bid to have her conviction and jail time for stealing a client’s funds quashed was shot down by the Court of Appeal on Friday.
    It ruled that it would not be granting her special leave to appeal to the Caribbean Court of Justice (CCJ).
    Pile, of Madison Terrace, Deacons Farm, St Michael, was convicted, by majority verdict, in 2019 of stealing US$96 008, between April 29, 2009, and October 26, 2010, from Bajan/New Yorker businessman Anstey King. However, she was found not guilty, by majority verdict, of money laundering. Justice Pamela Beckles jailed Pile for three years, minus the 94 days she had spent on remand. The lawyer subsequently appealed her conviction and sentence, with her attorney Queen’s Counsel Andrew Pilgrim arguing that the trial judge failed to withdraw the case from the jury at the close of the prosecution’s case; that the judge failed to remedy the prejudicial evidence of the Crown; that the judge failed to adequately put Pile’s case to the jury, and that the judge had failed to direct the jury on several issues of law.
    Pilgrim also argued the jury should have been directed on the law of conveyancing, and that it had been an abuse of process for the Crown to proceed with the charge of money laundering.
    The Court of Appeal rejected all those grounds and sent Pile back to HMP Dodds to finish serving her sentence. She was on bail pending the hearing.
    Pile later petitioned the Court of Appeal for special leave to appeal to the CCJ, with her attorney and the Crown’s team of Principal Crown Counsel Krystal Delaney, Senior
    Crown Counsel Oliver Thomas and Crown Counsel Kevin Forde submitting written arguments on the matter.
    The judges of the Court of Appeal, who sent an order to the attorneys involved, decided on the arguments and dismissed the appeal.
    Complainant King had approached Pile to purchase a piece of land in Barbados after he used her services to buy his house in Strathclyde, St Michael. Pile showed him a parcel of land in Maxwell, Christ Church, and quoted $290 000 and $295 000. King paid all the money up front.
    However, on a visit to the island, he went to look at the land and realised it was not the one he had been shown and paid for. He demanded his money back and Pile refunded him US$48 000. After failing to recover the remainder, King went to the police.


    Source: Nation

    Like

  • Lawyer’s theft trial set for next year
    THE THEFT and money laundering trial of attorney Ernest Winston Jackman has been set for early in the new year.
    When the attorney reappeared in the No. 2 Supreme Court, prosecutor Senior Crown Counsel Olivia Davis said the trial could not proceed because of the COVID-19 pandemic and would have to be pushed back.
    Attorney Mohia Ma’at, who was representing Jackman, did not object and Justice Randall Worrell adjourned the trial until January 12.
    Jackman, 66, of Wiltshire Plantation House, Wiltshire, St Philip, has pleaded not guilty to stealing $678 414.75, between June 23, 2006, and March 5, 2007, belonging to HEJ Ltd. The lawyer has also pleaded not guilty to directly engaging in transactions totalling $678 414.75, between June 23, 2006, and October 18, 2011, being the proceeds of crime.

    Source: Nation

    Like

  • Another wtf moment involving the courts.

    Barbados law says ” a man could not rape another man.”

    https://www.nationnews.com/2021/11/10/ccj-decide-rape-issue/

    Like

  • Court: No to judge’s recusal

    An application to have Justice of Appeal Rajendra Narine recuse himself from a leave to appeal hearing involving attorney Philip Nicholls has failed.
    Justice of Appeal Jefferson Cumberbatch delivered the unanimous decision in the Court of Appeal on Thursday after Nicholls’ attorney, Sir Elliott Mottley QC, argued that Justice of Appeal Narine should not be part of the panel because of perceived bias.
    The Court of Appeal had dismissed a recommendation by the Disciplinary Committee of the Barbados Bar Association, by a majority 2-1 decision, that Nicholls be disbarred back in July.
    The Disciplinary Committee had charged professional misconduct on Nicholls’ part in the matter involving Elma Inniss and Joyce Bowen, executrices in the estate of the late John Connor. It was reported that the committee made the recommendation after Nicholls was unable to account for $860 000, the proceeds of the 2008 sale of a property formerly owned by couple John and Hazel Connor.
    Retired Justice of Appeal Kaye Goodridge and Acting Justice of Appeal William Chandler had found that the report of the Bar Association to disbar Nicholls was not valid, but Justice of Appeal Narine dissented, saying that the report was not flawed.
    Lawyers for the executrices, Barry Gale QC, Laura Harvey-Read and Ivan Alert, filed an application for leave to go to the Caribbean Court of Justice (CCJ) to challenge the majority verdict. However, Sir Elliott objected to Justice of Appeal Narine being part of the panel to hear the substantive matter.
    Submissions considered
    On Thursday, Justice of Appeal Cumberbatch noted the court was seized of the in limine application by Sir Elliott and Kashka Mottley and had considered the relevant authorities and submissions of the respective parties.
    “We consider apart from an unfortunate and gratuitous comparison of the intended respondent with other attorneys earlier convicted of theft, we do not think that his overall judgement betrays a real possibility of bias in the circumstances,” he said.
    “Our judgment is that the application is dismissed,
    with the written judgment to be ready by December 29.”
    Following the decision, Justice of Appeal Narine said: “To my mind, I simply could not turn a blind eye to the contents of those minutes, which were before the court quite independent of the report . . . . The remark which I made with respect to attorneys being convicted of similar conduct or offences arising from similar conduct was unfortunate and gratuitous.
    “While this may be so, I do not wish to disagree with my learned brothers, but I simply wish to point out that it was merely a comment based on a disturbing trend which I perceive in the profession – that is the use of clients’ funds for personal purposes of the attorney.
    “I did not wish in any way to suggest that Mr Nicholls should be convicted for a like offence,” he added.
    Sir Elliott also served notice of his intention to challenge Gale’s locus standi – his right to bring the application before the court and before the CCJ.
    Appearing amicus curiae for the Barbados Bar Association was Rosalind Smith-Miller, Rita Evans for the Disciplinary Committee, and Kim Ramsay-Moore, amicus curiae on behalf of the Attorney General.
    The substantive matter, the application for leave to appeal, has been set for February 9 next year. (RA)

    Source: Nation

    Like

  • You have to wonder where was is insight and influence when sitting in the Cabinet of Barbados for 8 years. All of a sudden he is a fountain of knowledge.

    Lashley’s call on pre-trial files
    by BARRY ALLEYNE
    barryalleyne@nationnews.com
    A CALL HAS been made for pre-trial disclosures in Barbados to be made available in a six-month timeframe to better facilitate the criminal justice system and protect people who are forced to face lengthy delays after being charged with serious crimes.
    The call has come from senior attorney, Michael Lashley, QC, in the wake of policeman Everton Gittens’ murder case being thrown out on Tuesday by Magistrate Kristie Cuffy-Sargeant in the No. 5A Supreme Court.
    The former government minister said there could be other people still on remand at Dodds Prison or even some on bail, whose cases could also be thrown out due to flimsy evidence.
    “The fact is that we have several accused charged with murder and very serious offences, however, when we are finally served pre-trial disclosure, there is hardly any evidence for a Prima Facie case to be made out. In some instances there is no evidence at all, but all this time the accused men are on remand for years pending trial and also out on bail waiting with their lives at a standstill, and even family lives affected,” Lashley told the DAILY NATION.
    His comments came 24 hours after Magistrate Cuffy-Sargeant dismissed the murder charge and two other counts of conduct endangering life the 50-year-old Gittens had been facing since 2015. The Drug Squad officer was charged with killing Selwyn “Blues” Knight and wounding his son Junior on March 15, 2015.
    The magistrate said prosecutors had failed to satisfy the threshold of producing evidence which could lead to a Prima Facie case against the accused man.
    According to Lashley, there are ways to prevent a recurrence of Gittens’ six-year wait for a legal determination.
    “We need an intervention by lawmakers that pre-trial disclosures be served within six months of an accused person being charged. The serving of disclosure within the six-month period would avoid delays and injustices,” Lashley claimed.
    The Queen’s Counsel added that case management was of paramount importance and would decide if there was merit in charging an individual, or determining if the evidence was so substantially weak that no magistrate or reasonable
    tribunal could convict the accused person.
    Efforts yesterday to reach the Attorney General to determine the Government’s next legal move, were unsuccessful.
    Acting Director of Public Prosecutions, Alliston Seale, said his office would not comment on the matter. Another senior attorney, Andrew Pilgrim, QC, also declined to comment on the possible ramifications of the decision made to throw out the charges against Gittens.
    Lashley opined, however, that Gittens’ case could open the state to a possible civil lawsuit for malicious prosecution.
    “I must ask under what basis was this man charged. Was this man charged upon the same evidence which the magistrate dismissed as too weak to form a Prima Facie case?” Lashley asked.
    The attorney said it was clear that Gittens, who at one stage had been on remand, had his liberty taken away at some stage and his constitutional rights breached. “I however praise the magistrate for making such a bold decision in the interest of justice, and due to the weak evidence being produced,” Lashley added.


    Source: Nation

    Like

  • INNOCENT UNTIL PROVEN GUILTY.

    Laywer charged with theft of money

    https://barbadostoday.bb/2022/02/23/laywer-charged-with-theft-of-money/

    Like

  • Criminal charges against three men have been dismissed in the District ‘A’ Magistrates’ Court…..
    However, when their matters were called before Chief Magistrate Weekes on Tuesday, the prosecution still had no file to take any of the cases forward, resulting in the Chief Magistrate dismissing the cases.
    A fad or a trend?
    https://barbadostoday.bb/2022/02/23/chief-magistrate-dismisses-three-cases/

    Like

  • Ex-Advocate GM accused of theft
    THE FORMER GENERAL MANAGER of the
    Barbados Advocate has been charged with entering the home of the company’s publisher and his father.
    Attorney Alvin David Bryan, 52, of Astoria, St George, appeared in the District “B” Boarded Hall Magistrates’ Court on Monday, where he denied entering the house of Anthony Bryan, sometime between April 23 and 30, 2021, and stealing 17 shirts, valued at $5 337, and a $175 bottle of liquor which belonged to the Advocate Publishing 2000.
    There was no objection to bail, and Magistrate Douglas Frederick released the accused with a surety of $3 000.
    Bryan, who was represented by Queen’s Counsel Andrew Pilgrim and attorney Kyle Walkes, returns to court on June 27.
    (HLE)

    Source: Nation

    Like

  • Law group’s voice silent
    WHEN THE Barbados Bar Association was incorporated 82 years ago it served the interests of a small elite group who generally did not engage with or embrace the majority of the population beyond professional transactions.
    Today, there are more than 1 000 members of the Bar Association drawn from diverse backgrounds across the entire society. Times are changing but some things do not change easily, as is the case of the association, which is seemingly still aloof from the wider society.
    It remains silent on many critical issues impacting ordinary citizens, which makes hollow its stated objective “To further good relations and understanding between the Bar and the public”.
    The Bar Association naturally speaks in defence of the status and interest of the legal profession but as an influential special interest group, it has a responsibility to publicly address causes that need assistance. Its voice has been missing from too many critical matters, particularly those impacting poor people.
    One area of weakness in our society over many years and for which there is a genuine need for a champion is on behalf of people whose human rights and civil liberties have been breached. This is a matter a law society should take up and not leave to a handful of activist lawyers. The Land Acquisition Act over the years has caused severe hardships for many people who are often unable financially to challenge this law before the courts. Many suffer in silence. There is the very vexing issue of the tardiness and frustrating delays being encountered by many people with the Registration Department of the Supreme
    Court, especially as it relates to probate matters. No one seems to understand the hardships being endured. The Bar Association should show that it has not been withdrawn, but is robust in bringing about change for the betterment of the entire society. It should speak of its active engagement with the Law Reform Commission to overhaul numerous pieces of legislation that need urgent review. The association should also speak to its advocacy for solutions to deal with reducing the backlog of cases in the law courts and its push to get written judgments in a timely manner. We accept that the Bar Association has a vital function to perform, outside of its traditional offerings, both in the legal profession and in society at large. It also needs to get involved in new issues such as cybersecurity and its impact on the legal system as well as reform of the entire justice system.
    Lawyers must make a difference in the country’s development. This is why the Bar Association must be relevant in society.

    Nation Editorial

    Like

  • Executor: Not a cent to date
    AN EXECUTOR said yesterday he knew that over $400 000, money from the sale of a property, went to the bank because he saw the bank’s stamp on the paperwork.
    However, up to today, said Irwin Thomas, he has not seen a single cent and calls, visits, even registered letters to attorney Norman Leroy Lynch have gone unanswered.
    Thomas was the first to testify when the theft and money laundering trial of Lynch continued in the No 2 Supreme Court yesterday.
    The witness said he knew the lawyer as he had previously conducted some transactions for his father. There were no issues then, Thomas added.
    When he became one of the executors of his father’s Will, Thomas said Lynch was the attorney who “prepared the documents and everything” relating to the sale of property at the Hope, St George.
    Deposit made
    He said a deposit of $50 000 was made by the buyer’s attorney and then the final transactions was paid over to the accused.
    “It (the sale) was completed but we never received money for the purchase of the land,” he told the court.
    “We saw a copy of the cheque paid to Mr Lynch and we had the dates it was paid over and he, himself, told us he had received the cheque,” Thomas recalled.
    “But not a cent we received. The sale had gone through and the lady had taken possession of the land. After the sale was made, she even started a project on the land.”
    The witness continued he, along with the other executors of the estate, made “several visits” to the accused’s office. They tried to contact him via telephone and sent registered mail to him.
    “I even dropped a note in his mailbox in Tino Terrace,” Thomas said, but each attempt was unsuccessful.
    The family then made “representation” to the then Attorney General and contacted the Barbados Bar Association.
    “We made many attempts to have this matter resolved but it was never resolved not even until this day. We have never received a cent.
    “The accused avoided us and we’ve never seen him since that day,” he said, adding no one offered any explanation for the non-payment of the money.
    Never told
    The family then “took it to the Fraud Squad”. Thomas told the court, when crossexamined, that his family was never told that the accused “was unwell”.
    “We left numerous messages with the clerks, both in person and via telephone, and they never told us he was unwell,” the witness said.
    Thomas further said he did not know what had become of the money. “I can’t answer that. You can ask Mr Lynch. I don’t have any money. I know it went to the bank.”
    When asked why he had reported the matter to police, Thomas said: “I was hoping the police would get in contact with him and we would get some kind of resolution.”

    Source: Nation

    Like

  • Time to revisit international order
    by PETER LAURIE THE RUSSIAN WAR on Ukraine is the most dangerous international conflict since World War II.
    It threatens not just the people of Ukraine but, because of either Russian intransigence or miscalculation, the whole world. It can easily escalate in to World War III or, God forbid, a nuclear war.
    What makes the situation even more dangerous is Vladimir Putin himself, a megalomaniacal Greater Russian nationalist dictator, akin to Hitler.
    Let’s get something clear. Putin did not launch the invasion because he felt threatened by NATO (North Atlantic Treaty Organisation). That was just the excuse. Like Hitler, after Germany’s defeat in the first World War, Putin, a former KGB officer, has always felt humiliated by the collapse of the Soviet Union.
    Putin wants to re-establish the Russian empire. He uses the same excuses as Hitler did in invading Poland and Czechoslovakia where there were significant German populations. By analogy, there are also significant Russian minorities in the Baltic states of Estonia (26 per cent) Latvia (25 per cent), and Lithuania (five per cent).
    From Putin’s third term in office, the ideological concept of a “Russian world” has become an intrinsic part of Russian diasporic policies. The “Russian world” comprises three pillars: Russian language, historical Soviet memory, and the Russian Orthodox Church.
    Soviet nostalgia is a tried and tested tool of the modern Russian state.
    No easy off-ramp
    As Putin said in 2014: “The Russian nation became the biggest ethnic group in the world to be divided by borders”, and it has been a long-term task of Putin to try to redefine those boundaries and reunify this fractured civilisation.
    All this is by way of saying that there is no easy off-ramp for Putin in his war on Ukraine. There are three possibilities of his backing down: 1. There are massive public protests against the war in Russia; but by controlling the media and policing the demonstrations he may thwart this.
    2. A “palace coup” in which the ministers of Foreign Affairs, Defence and Intelligence realise the war is not winnable and remove Putin from office.
    3. China puts the squeeze on him. This is the best bet, because without China, Russia cannot possibly withstand the pressure of Western sanctions and
    world-wide condemnation.
    We can only wait and see. Meanwhile, as the conflict drags on it will only compound the problems of supply chains exacerbated by the pandemic. We in the Caribbean do not have the luxury of believing that this conflict in faraway Europe will not impinge harshly on us.
    I was heartened by the prompt response of Barbados and CARICOM in not only announcing their condemnation of the Russian invasion but also voting at the UN to deplore the unprovoked Russian attack on the Ukrainian people.
    Crisis reveals
    What this crisis has revealed is how frail the present international order is. It seems totally inadequate to deal with what the recent Barbados UNCTAD (United Nations Conference on Trade and Development) meeting identified as a crisis of the global common good, precipitated by climate change and the COVID-19 pandemic.
    This crisis impinges on every aspect of human life: health, education, housing, nutritious food, clean water, decent work, not to mention the resilience of our institutions. It jeopardises the right and hope of every human being to enjoy a life of dignity in security and freedom.
    We need a revitalised international cooperation to arrive at a shared moral vision for our interconnected planet; a vision grounded in universal respect for human rights, especially the eradication of structural racism and structural discrimination against women.
    Peter Laurie is a former head of the Barbados Foreign Service and author of several books.


    Source: Nation

    Like

  • I guess Putin is a crooked lawyer in Barbados.

    Like

  • @Hants

    Wow, one would thing these kinds of indiscretions only occur in Barbados.

    Liked by 1 person

  • Yesterday, as he prepared to relocate from St Elizabeth to the Corporate Area, he set ablaze three judicial wigs regarded as symbols of the colonial past.

    One of the wigs belonged to his late father, Senior Puisne Judge Ronald Small.

    https://jamaica-gleaner.com/article/news/20220312/attorney-burns-judicial-wigs-calls-removal-privy-council-final-court

    Like

  • ” The client’s account maintained by attorney Norman Leroy Lynch showed a deposit of $50 000 in August 2005 and one for $407 634 in June 2007, a senior banking official said yesterday.

    That account, said CIBC FirstCaribbean’s director of retail banking channels Michelle Whitelaw, also showed three large withdrawals, including one for $290 714.60.

    The current balance, the witness said, was zero.”

    https://www.nationnews.com/nationnews/news/2022/03/17/account-showed-two-deposits/

    Like

  • @David March 9, 2022 4:37 PM “Hants Wow, one would thing these kinds of indiscretions only occur in Barbados.”

    https://www.cbc.ca/news/canada/north/james-morton-lawyer-disbarred-1.6314024
    Prominent Nunavut and Ontario lawyer disbarred for bigamy, fraud after marrying 2 women

    Like

  • https://globalnews.ca/news/5889285/james-morton-sentenced-bigamy/
    A once well-respected Ontario and Nunavut lawyer, and former PRESIDENT OF THE ONTARIO BAR ASSOCIATION, has been sentenced to six months house arrest and 50 hours of community service after pleading guilty to forging divorce documents and bigamy.

    Like

  • Sad.
    Is that what we have come to?
    Comparable to scum?

    Like

  • I remember sitting in a probability class and the professor telling us this theorem..
    https://en.wikipedia.org/wiki/Infinite_monkey_theorem

    From what I have seen here I am putting my money in the monkey’s.

    Like

  • I am expecting to hear lynch’s lawyer go down the road of lynch not being of sound mind in the past years
    Reason why his memory is out of sync with all that has happened

    Like

  • Are these cases anything more than money washing? Lawyer A steals a client’s money and washes it by paying legal fees to lawyer B over an extended trial.

    How can judges let these robberies continue by p retending to hold trials? Can these judges be thought of as honest when they allow sham trial after sham trial? By now, even a fool can see there is no justice for the victims.

    How deep is this long running scam? Is it just two lawyers washing a client’s money between them or are the judges jut a guilty?
    It is only when we stop taking things at face value, try to see the bigger picture and ask tough question that we will see things as they really are.

    How long will we allow this sham to continue. Victims are being victimized thrice, by a shady lawyer, by his crooked defense lawyer and by a shady court.

    Like

  • I admire those who can move from post to post and maintain a serious train of thought.

    It is difficult to see these charades and not find gallows humor in them. It is difficult to watch wealth being transferred by every scheme that man can invent ranging from outright thievery to brilliant ideas of J-Bonds and to see outrageous taxation followed by redistribution of taxes that were collected.

    One blogger constantly speaks of generational poverty, but to not understand that what we are witnesses is wickedness and the transfer of money form one pocket to a favored pocket is a sign of our ignorance.

    It takes a special kind to come here aware of the mockery others make of us and pretend to hold serious conversations.

    All is broken.

    Like

  • @ TheOGazerts,

    The fundamental problem is the system that allows lawyers to use a CLIENT account as their own line of credit..

    The honest lawyers don’t want to get involved in revising Bar Association ” professional standards “.

    Like

  • @ TheOGazerts,

    Should you choose to return to Barbados to live / retire you should have gained enough information to know how to enjoy life in your homeland.

    Like

  • Wonder why nobody has ever used mine.

    Like

  • Courts hard to run, says judge
    THE LAW COURTS are “extremely difficult to run” and there are many factors, including too few attorneys at the Criminal Bar, which impact on their ability to get work done, a High Court judge said yesterday.
    “Some judges fight (to get work done) but you fight at the risk of being most unpopular because when you’re finished, everybody dislikes you,” Justice Carlisle Greaves said.
    He made the comments as none of the three matters set for hearing commenced in the No. 3 Supreme Court. Two were adjourned while the third was discontinued after the complainant opted not to give any evidence.
    The judge told the waiting jurors that while they might have previously heard criticisms about the courts, they would now have a greater appreciation for how difficult it was to run a court.
    “There are so many players and so many things, it takes a very strong judge to really get the court system to work. Sometimes judges get so frustrated because it would stress you out,” he said.
    “No prosecutor likes to hear a judge jumping on him, saying, ‘You should be ready, get ready’. No defence counsel wants to hear a judge pounding them to move on, so you get unpopular with him too.
    “And no accused man, who doesn’t want to go to trial, wants to hear you forcing them to go to trial. There are some who want to go to trial but can’t get to trial because something happened and he feels the judge [is] soft.
    “Then there is the complainant who comes and doesn’t want to proceed and the judge is not able to get the case on, and he looks over by the judge and feels he’s a joker,” Justice Greaves said.
    He noted that the low number of attorneys who practised criminal law was also a problem.
    “You have in a jurisdiction where, despite admitting 50 lawyers to the Bar every year in our case, only about two or three of those are going to practise criminal law because the reality is if you are looking to make a living, criminal law isn’t for you.
    “And if you have five courts trying to run and one case has four defendants, it’s difficult to get them together to get a case on.”
    The judge added there were also times when members of the public might not understand or agree with some sentences, feeling that the offender received a “slap on the wrist”.
    “So, for example, with all these gun cases, if we had to lock up all of these, we wouldn’t get any cases tried. Every man would say not guilty because he know that it is jail big that coming. And then we wouldn’t get off the ground because before you could blink, a fella got COVID-19 three times.
    “So courts are extremely difficult to run and not only in Barbados but in every place I know they are tough,” he stressed.

    Source: Nation

    Like

  • Down to Brasstacks

    Main topic. TIEFING LAWYERS

    Like

  • Hants,
    It is boring. This is an issue where solutions are known. The best approach is to separate the client fund and the lawyer as far and as soon as possible.

    Now they are ‘introducing’ a next layer and more paperwork. Papering over the problem.

    A problem no one wants to solve

    Like

  • The worst kind of dishonesty is when people pretend to solve a problem and in reality do nothing.
    It is not only dishonest, it is an insult to the average Barbadian.
    Two or three honest lawyers going on the radio is a cover-up for dishonest lawyers. The show sickens me.
    I am willing to bet that if we had two or three one-armed lawyers by the end of the year, this problem would be resolved quickly.

    Like

  • Compensation fund is a scam. Does not make a person whole
    Audit is a waste of time. Horse bolted, why look in the stall.
    All nonsense.

    Like

  • With one arm, they can only be one armed.

    Like

  • The compensation fund is not meant to make a claimant whole.

    Like

  • I know four honest lawyers in Barbados.

    Like

  • “The compensation fund is not meant to make a claimant whole.”

    That is exactly my point. If you take $5 from me, then I want back $5 (at least).
    Don’t smile and give me a check for 50 cents.

    That’s a game. It’s a fancy scam.

    Like

  • Do a search of BU for compensation fund. The purpose of the fund and how it is managed should be separated.

    Like

  • Sad.
    Is that what we have come to?
    Comparable to scum?

    xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

    THE 2 x 3 ISLAND DOESN’T KNOW HOW TO LOOK IN THE MIRROR EASIER TO BURY ONE’S HEAD IN THE SAND.

    Like

  • Listening to Brasstacks and another incredulous case this time of lawyer purportedly refusing to pay real estate agent her fee.

    Like

  • @ Hants
    “I know four honest lawyers in Barbados.”
    ~~~~~~~~~~
    Poor you….!!
    At least two got you tricked…

    Bushie is betting that two are pretty young things…

    Like

  • Lack of file upsets lawyer, court
    The case of two non-nationals who have signalled their intention to plead guilty but can’t because of a lack of a file provoked the ire of their attorney and the court yesterday.
    In fact, Justice Randall Worrell has urged Queen’s Counsel Andrew Pilgrim to file bail applications on behalf of both men.
    Anton James, of Golden Lane, Seaview, Tobago, and Krysten Trim, of Bon Accord Main Road, Tobago, are on remand at Dodds Prison after they were charged with possession, trafficking and possession with intent to supply of 426.92 pounds of marijuana on February 15, 2021.
    When their matters were called during yesterday’s Status Hearings in the No. 2 Supreme Court, it was revealed that the file from the magistrates’ court had still not reached the office of the Director of Public Prosecutions. This was despite they indicating they wanted to plead guilty at the High Court.
    It was a situation that angered their attorney Pilgrim.
    “Imagine you go to a country and you plead guilty to weed, which is no longer the pariah that it used to be,” he told the court. “They just want to plead guilty, and I am not saying this is the prosecutor’s fault.
    “Our system is so beleaguered that we cannot get a man to say: ‘I am responsible. I want to do my time’. We cannot even do that,” he said.
    “What is it that would
    make whoever serious enough that they should get up off their respective haunches and do something for the benefit of the system? If it is that granting them personal bail will do that, then great. Let’s do that,” he said as he called the situation an “embarrassment”.
    “The judge should give these people personal bail and let them roam the streets of Barbados because we cannot prosecute them. We are incapable of prosecuting them.”
    Senior State Counsel Olivia Davis, who has conduct of the matter, said she had no choice but to wait until the documents were typed, signed and sent to her chambers – something over which she had no control.
    However, the judge stressed it was not fair for a prosecutor to have to be “begging a magistrates’ court to find out or begging the police to find out where is this file”.
    “That is foolishness . . . . Ignorance of the highest order. As if the prosecutor doesn’t have anything else to do. This has nothing to do with you, Ms Davis. You have tried your best.”
    Justice Worrell then noted the High Court had even tried to get the files out of the magistrates’ court by asking staff to work on weekends.
    “If you give them bail now it will be the worst thing on earth. We will hear they are nonnationals and they get bail but the court will say the reason for giving bail is ‘x y z’. . . . File the bail application and bring them,” he said and adjourned the matters until April 14. (HLE)

    Source: Nation

    Like

  • 🙂
    Made me think of the train in my basement.
    It has the bells and whistles and even lets off steam, but I know it is just atoy.

    Like

  • Since I live in Canada it is only fair that…….

    ” The Law Society of Ontario says there are “strong indications” that bar exam contents were leaked as it continues its investigation into a possible cheating scam.”

    https://www.cp24.com/news/law-society-of-ontario-says-there-s-strong-indicators-that-bar-exam-materials-were-leaked-1.5862012

    Like

  • Lawyers appear to be a handful all over the globe.

    Like

  • LEGAL BIND
    Judge says she has been locked out of Supreme Court office
    By Maria Bradshaw mariabradshaw@nationnews. com
    A senior High Court judge is claiming she has been locked out of her office under conditions tantamount to a summary dismissal.
    Reports indicate that Justice Dr Sonia Richards, who has been a judge for the past 16 years, has not been able to gain access to her office located on the third floor of the Supreme Court Complex because the locks have been changed and the office was being occupied by Justice Westmin James, who was installed two weeks ago as a temporary judge.
    Swipe deactivated
    Reports further indicate that her electronic swipe has been deactivated and as a result, she was only able to gain entrance into the Supreme Court building last week with assistance from other court staff, including security personnel.
    The action has resulted in the 66-year-old judge, who is on pre-retirement leave and who had still been utilising her office until she officially retires in May, to seek legal advice.
    Her attorney, Queen’s Counsel Garth Patterson, has written to President The Most Honourable Dame Sandra Mason, and copied it to Prime Minister Mia Amor Mottley, Attorney General Dale Marshall and Chief Justice Sir Patterson Cheltenham, asking for the judge to be reinstated to her office, as well as unimpeded access to the Supreme Court building and monetary compensation as a result of the embarrassing action.
    When contacted about the situation yesterday, the Chief Justice told the Sunday Sun: “She never was and is not locked out and the judge is not in her room. I can attest to that.”
    Justice Richards was reluctant to speak and directed queries to her attorney.
    When reached, Patterson said: “I can confirm that I have been approached by Dr the Honourable Sonia Richards to represent her in connection with a matter related to her office as a judge, but having regard to the sensitivity of the matter and the honour and the dignity of the courts, I wouldn’t wish to comment further.”
    A highly-placed legal source said the situation had left staff at the court in shock.
    “This is the first time in living memory that we have had a situation where a judge has been basically locked out of office before they officially retire. The practice in Barbados is that judges have had access to their offices to complete judgements and other outstanding legal matters before they go on retirement. This does not bode well for the judiciary,” the source said.
    It is understood that LEGAL BIND
    Judge says she has been locked out of Supreme Court office
    By Maria Bradshaw mariabradshaw@nationnews. com
    A senior High Court judge is claiming she has been locked out of her office under conditions tantamount to a summary dismissal.
    Reports indicate that Justice Dr Sonia Richards, who has been a judge for the past 16 years, has not been able to gain access to her office located on the third floor of the Supreme Court Complex because the locks have been changed and the office was being occupied by Justice Westmin James, who was installed two weeks ago as a temporary judge.
    Swipe deactivated
    Reports further indicate that her electronic swipe has been deactivated and as a result, she was only able to gain entrance into the Supreme Court building last week with assistance from other court staff, including security personnel.
    The action has resulted in the 66-year-old judge, who is on pre-retirement leave and who had still been utilising her office until she officially retires in May, to seek legal advice.
    Her attorney, Queen’s Counsel Garth Patterson, has written to President The Most Honourable Dame Sandra Mason, and copied it to Prime Minister Mia Amor Mottley, Attorney General Dale Marshall and Chief Justice Sir Patterson Cheltenham, asking for the judge to be reinstated to her office, as well as unimpeded access to the Supreme Court building and monetary compensation as a result of the embarrassing action.
    When contacted about the situation yesterday, the Chief Justice told the Sunday Sun: “She never was and is not locked out and the judge is not in her room. I can attest to that.”
    Justice Richards was reluctant to speak and directed queries to her attorney.
    When reached, Patterson said: “I can confirm that I have been approached by Dr the Honourable Sonia Richards to represent her in connection with a matter related to her office as a judge, but having regard to the sensitivity of the matter and the honour and the dignity of the courts, I wouldn’t wish to comment further.”
    A highly-placed legal source said the situation had left staff at the court in shock.
    “This is the first time in living memory that we have had a situation where a judge has been basically locked out of office before they officially retire. The practice in Barbados is that judges have had access to their offices to complete judgements and other outstanding legal matters before they go on retirement. This does not bode well for the judiciary,” the source said.
    It is understood that Justice Richards began her pre-retirement leave at the beginning of February and was still performing the duties of a High Court judge as she continued to hear cases, render decisions and write judgements, and that her name also appeared on the daily court list.
    Sources pointed out that it was usually customary for judges to be given a two-year extension to complete their outstanding matters but she was only given one year.
    Sunday Sun
    investigations revealed that two weeks ago the judge received a directive requesting she return her swipe card and the keys to her chambers “as a matter of urgency”.
    Informed sources said Justice Richards responded to the email indicating that she was still a judge and utilising her office, and requested a meeting with the Chief Justice to discuss the matter.
    Personnel at the Registry said the new judge was sworn in last week and a memo circulated to other judges indicating his acting appointment.
    Sources further revealed that on April 12, when she attended the Whitepark, St Michael court, she was able to gain access to the underground parking with her swipe key, but could not access the court building, neither her office, and had to seek assistance from security personnel who informed her that the lock to her office had been changed.

    Source: Nation

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  • Apologies for delays
    On two occasions between 2020 and last year, High Court Justice Dr Sonia Richards rendered apologies in two cases for the time it took for her to deliver her judgement.
    According to court records on November 30 last year, the day Barbados adopted republican status, in delivering judgement in the case of Matthew Holder and Sheron Holder, a 2013 civil suit, she apologised for the delay and suggested that a new directive which required judges to dispose of cases in six months, might contribute to the backlog of cases being further delayed.
    She pointed out that the since the decision in that case was reserved in 2017, “the court has delivered 39 written decisions. Of those 39 decisions, 24 of the cases were either reserved before this case, or were contemporaneous with this case, or were reserved within a few months of the close of this case. Generally, this court’s approach is to dispose of cases in order of reservation, with the oldest first in the queue. However, this approach cannot be applied to judgements with a six-month disposal limit. Such cases, of necessity, jump the queue”.
    Justice Richards added: “The court was called upon to review over 80 handwritten pages of oral evidence, with a myriad of filed documents and thick submissions. The last submission was filed on April 30, 2019. The length of the judgment is a reflection of the contractual context, and the extent of the evidence. Please accept my sincere apologies for my contribution to the delay in this matter.”
    In 2020 she also apologised for the lengthy delay in rendering her decision in the 2006 case of Marquita Butcher-Rayside vs Rayside Construction Ltd.
    In that instant, she stated: “This case was filed in 2006, and passed through the hands of various judges before being assigned to this court. It was ten years before the trial began in 2016 and concluded in March of 2017. The decision is delivered today after a three-year hiatus.
    “The Caribbean Court of Justice (CCJ), as our
    apex court, has consistently urged the Barbados judiciary to issue judgements expeditiously. More recently, Parliament instituted a six-month time frame for judgments to be delivered. The failure to observe the six-month deadline exposes a judge to the possibility of disciplinary action.” Quoting a comment from now retired Justice David Hayton of the CCJ, she noted: “The Honourable Mr Justice Hayton reminded us that ‘judges should strive to deliver judgements within three months normally or in complex cases within six months, though it is appreciated that an unfortunate backlog of judgments waiting to be drafted may delay matters for some time’. He was referring to the exhortation of Saunders JCCJ, as he then was, in Reid v. Reid [2008]. “Hayton . . . made a most astute observation that precisely describes the circumstances of this court, that is, ‘an unfortunate backlog of judgments waiting to be drafted’. This backlog was built up over a number of years of continuous trials; and frequently with four out of five working days dedicated to trials which included interlocutory applications and cost hearings. While this backlog accrued, the head of the judiciary, counsel and the Barbados Bar Association were at all times aware of the precarious position of this court. No significant off-Bench time was ever offered as the backlog continued to escalate.
    “Add to this mix the fact that this court was without the services of a dedicated judicial assistant between June 2019 and May 2020. The court appreciates the frustration of parties and their counsel who continue to await outstanding judgments from this court. I hereby tender my sincere apologies for any contribution this court made to the delays in this matter.” (MB)

    Source: Nation

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  • Thanks for posting the ” Legal Bind ” and ” Apologies for delays ” articles.

    I read both articles. Reading is good for a 70 year old.

    Liked by 2 people

  • @Hants

    Must be more to this than meats the eye.

    Like

  • Justice Richards puts her case

    The following statement has been submitted by Queen’s Counsel Garth Patterson on behalf of High Court judge Justice Dr Sonia Richards.
    Justice Richards commenced pre-retirement leave on February 2, 2022. Her retirement as a judge of the High Court becomes effective on May 16, 2022. In the meantime, Justice Richards has continued to perform the functions and the duties of her office, while on leave, including Zoom hearings, administrative meetings and judgment writing.
    On Wednesday, April 6, 2022, Justice Richards received an email from the executive officer to the Honourable Chief Justice, which stated: “I am directed by the Hon. Chief Justice to request the return of your swipe card and the keys to your chambers as a matter of urgency. A new acting High Court judge is being sworn in. Kindly have your protection officer return them this afternoon to the secretary to the Chief Justice.”
    Responded by email
    Justice Richards responded by email directed to the Chief Justice on the same day, saying: “I am unable to return the keys and swipe card as you requested. As far as I am aware, I am still employed as a High Court judge and I continue to perform duties as such. Additionally, I have not vacated my office. I am still using the office space allocated to me, and there are files, books and personal items in the office space.”
    Justice Richards also expressed her concern that she was “being treated as though I have been summarily dismissed from office for some form of misconduct; and then denied access to my office. I am not aware that this course of action has been sanctioned by the relevant constitutional authority”.
    [She] confirmed that the email to the Chief Justice had been received. However, she received no response to it.
    On Tuesday, April 12, 2022, Justice Richards attended the Supreme Court building with a view to conducting business from the office that is assigned to her. From her initial appointment as a judge of the High Court in April 2006, Justice Richards was always assigned her own office space. Indeed, she has occupied her office in the current building from the time the courts were relocated there. She has never been required to share office space with anyone or to remove herself to accommodate anyone.
    On attempting to gain entry to the building, her security swipe access card was rejected, and she was denied entry. She gained admittance with assistance from another person. On attempting thereafter to gain admittance to her office, she realised that her key would not unlock the door. A call was made to security and eventually Justice Richards was let into her office by a security guard, who informed her that the lock to her office door had been changed. Justice Richards had never been previously notified that her security swipe card had been deactivated or the locks changed.
    On entering the office, Justice Richards immediately realised that another person had been put into occupation, as there were several files on her desk that she had not placed there. A few minutes later, a protection officer opened the office door and indicated that he was looking for the judge who was in the office the previous day. He revealed that he was the protection officer that was assigned to the new judge and thereafter removed himself to await the arrival of that judge.
    Justice Richards was never consulted about giving permission for the sharing of her office
    space with any other person.
    Later that morning, Justice Richards requested through the Registrar a key to her office and the reactivation of her security swipe access card. The Registrar indicated that she would discuss it with the Chief Justice, and a few minutes later Justice Richards was informed that the Chief Justice would “facilitate”. Justice Richards understood this to mean that she would be provided with a key and that her swipe card would be reactivated.
    Card rejected
    The following day, April 13, 2022, Justice Richards again attempted to access the Supreme Court building and, once more, her swipe access card was rejected. She was eventually admitted with assistance and her office unlocked by a security guard. Justice Richards is unaware of any disciplinary process that may have been initiated against her which would have led to her being denied access to her workplace. Justice Richards, on two subsequent occasions, again attempted to enter the building and her office and was met with the same result.
    In an article that appeared in the April 17, 2022 Sunday Sun, the following statement was attributed to the Honourable Chief Justice allegedly in response to the reports that Justice Richards had been locked out: “She never was and is not locked out and the judge is not in her room. I can attest to that.”
    Justice Richards categorically denies any suggestion that the events outlined above . . . did not occur . . . .
    On April 21, 2022, a further letter was dispatched by Justice Richards’ attorneys to, among others, the Honourable Attorney General seeking compensation for the damage to Justice Richards’ reputation arising from the events described.
    Justice Richards looks forward to a thorough investigation of these matters and is confident that she will be completely vindicated.

    Source: Nation

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  • Do you remember after the factory broke down for two weeks we were told that this year crop was ahead of where it was last year. This is possible.

    Now we have that being locked out of a building (twice), being unable to unlock your door and getting assistance from several individuals:to enter the building and your office is nothing more than an active imagination….
    “the Honourable Chief Justice allegedly in response to the reports that Justice Richards had been locked out: “She never was and is not locked out and the judge is not in her room. I can attest to that.”

    I have to read 1984 again. Eventually, they will proclaim her mad.

    Whoever is coordinating the government response is very wicked and nasty. But worse than that, these stories show that our leadership thinks its supporters are gullible and without sense.

    Like

  • Minor correction for TheO..
    “But worse than that, these stories show that our leadership KNOWS its supporters are gullible and without sense.”

    Liked by 1 person

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