est. 2007

Barbados Underground

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LAWYERS in the NEWS

David
2 minutes

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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320 responses to “LAWYERS in the NEWS”

  1. David Avatar
    David

    Sargeant this lawyer will pay like the proverbial coolie man? No disrespect intended. Where is the jus?

  2. David Avatar
    David

    Another thing, the blogmaster appreciates your respect for the blog by posting items under the relevant subject matter.

    Parris admits to pocketing, laundering cash decade ago

    Fernella Wedderburn

    Article by
    Fernella Wedderburn
    Published on
    July 18, 2020

    Almost ten years after being charged with stealing more than a quarter million dollars from a client, attorney-at-law Cheraine Nicole Parris threw in the towel and admitted to theft and money-laundering charges.

    And to make amends for her crime, today she handed over $10,000 in cash to her attorney, Angela Mitchell-Gittens, in order to continue repaying complainant Ashleigh Morrison some of the stolen $302,000.

    “At this stage, Ms Parris is seeking as much as possible to compensate the complainant because, ultimately, I suspect that. . . is what the complainant in this matter requires more than anything else,” Mitchell-Gittens told Justice Randall Worrell before two of Parris’ relatives testified before the No. 2 Supreme Court that they would assist in repaying the stolen money.

    The convicted attorney will be sentenced after submissions are made to the court on August 18, when Justice Randall will also be updated on the undertakings made by her relatives.

    Parris admitted to stealing the $302,000 belonging to Morrison – the remainder of a larger sum – in 2010. She also pleaded guilty to 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 at which Morrison was residing. The complainant had deposited in Parris’ account, a total of $462,000. Of that amount, $160,000 had been repaid on two separate occasions – $150,000 in the first instance and then $10,000.

    This morning, the court heard the steps that two of Parris’ relatives are taking to ensure the remainder of the money is repaid.

    An uncle said he was in the process of selling property and as soon as that sale was completed, he would help Parris and other family members would also assist.

    Her cousin, a local car dealer, said he was “willing to assist as much as humanly possible” and was ready to front some of the amount through the sale or transfer of the deed of a vehicle.

    “We are into the realm of restorative justice right now . . . . I have been speaking for them for a little while . . . and if things can be restored . . . an approach which is taken in many countries, then let us try to see if we can practice some kind of restorative justice until it is placed on the books,” Justice Worrell said.

    Parris will remain on bail pending sentencing, after Mitchell-Gittens made the submission for a continuation of bail, for the status quo to remain and in light of the fact that “tangible steps” were being made to compensate Morrison.

    “And given that this conviction will have serious implications for Ms Parris, professionally, going forward, no doubt there are things that she will need to put in place. I am asking that she remains on bail pending sentencing, so that she can deal with this issue of compensation, with a view to fully compensating the complainant before sentence in this matter,” her attorney added.

    While Deputy Director of Public Prosecutions Alliston Seale did not object to the submission, he made it clear that the now convicted woman should be aware that “this is not an indication of a sentence”.

    “There is still the possibility of incarceration and most of all that she also understands that I have heard about compensation for the complainant but in lieu of custodial sentence there may be other things that she may have to contemplate as far as fines may be concerned,” he added.

    On September 16, 2010, Parris was arrested and formerly charged that between April 15 and August 16 of that same year, she stole $462,000 belonging to Morrison, a horse trainer residing at Unit 115 Golden View Condominiums, Sunset Crest, St James.

    Morrison decided to purchase the residence, which was owned by a man in the United States, when it was put up for sale in 2007.

    She retained the services of a lawyer who later died but not before informing her about transferring the matter to a colleague, Parris, which was done.

    After meeting with her new attorney, Morrison wrote a cheque for $30,000, representing five per cent deposit on the property, made payable to Parris. The attorney also informed Morrison that her legal fees associated with the transaction were $10,000. In July 2008, Parris was paid via a cheque in the amount of $5,250 which represented half of the legal fees and $250 for the preparation of a will.

    In April 2010, Morrison contacted Parris informing her of the desire to complete the sale of the condominium. To that end, she paid over $462,000 towards the purchase and Parris debited the money from Morrison’s account the same day.

    But, according to the Deputy DPP, who outlined the facts, Morrison became “troubled and impatient” after some time had passed because there were “no signs of anything positive happening”.

    In August 2010, she requested her money back and in the presence of another person, Parris handed her a cheque for the full $462,000, but it subsequently bounced.

    Morrison requested her money on three additional occasions but, despite promises, never received it.

    The matter was reported to police. After Parris was charged, and before the cases were committed to be heard in the High Court, she repaid the sum of $160,000.
    fernellawedderburn@barbadostoday.bb

  3. Hal Austin Avatar
    Hal Austin

    It will be interesting to see how this woman is treated and compare it with how Vonda Pile was treated. I still maintain that Vonda had the works chucked at her because she was uncompromisingly from Deacons. Magistrates disliked her.
    I remember one evening I was at the home of a prominent Barbadian who was in court that day as a witness; he told me a story about this lawyer’s behaviour in court that day. I quickly realised he was describing Vonda, who I had met on a couple occasions in the company of the late Trevor ‘Job’ Clarke, whose lawyer she was. I kept quiet. His comments were not complimentary.
    This is not to excuse her abuse of a client’s funds, but that is par for the course in Barbados. There are simple ways to control client money, but BLP/DLP (duopoly) governments do not want to go there. Too many lawyers in politics. They operate like a mafia.
    We must deal with the root cause of corruption and not just the symptoms.

  4. Donna Avatar
    Donna

    David,

    You seemed to have closed the Heather Cole blog to comments. John had made a comment that suggests black owned businesses are extortioners. He forgot to mention Cherish where the prices are the lowest in Barbados. They are deliberately kept so by the owner to cater to the cash challenged masses.

    Sorry to go offtrack but I thought it worthy of mention seeing as how he was trying to label all black business owners as unworthy of our support.

  5. David Avatar
    David

    Sometimes you agree to disagree and move on.

  6. John Avatar
    John

    DonnaJuly 18, 2020 7:25 AM

    David,

    You seemed to have closed the Heather Cole blog to comments. John had made a comment that suggests black owned businesses are extortioners. He forgot to mention Cherish where the prices are the lowest in Barbados. They are deliberately kept so by the owner to cater to the cash challenged masses.

    Sorry to go offtrack but I thought it worthy of mention seeing as how he was trying to label all black business owners as unworthy of our support

    +++++++++++++++++++++++++++++

    I simply made the point that Bajans are not foolish and will choose where to shop based on their own assessment of the benefits the business provides for them, …. regardless of colour!!

    It is true of the retail sector and the services sector.

    It is unlikely Bajans requiring legal services will flock to lawyers who are known to be unethical.

  7. Donna Avatar
    Donna

    David,

    There is method to my madness. lol. I don’t counter to score points. (That is just a bonus.) I counter for those unsuspecting readers who might be swayed by certain deliberate distortions.

    We have acknowledged that many of our people are mentally enslaved still. These people are prone to comparing themselves unfavorably with other races.

    How many times have you heard the exclamation, “Black people!” accompanied by a shake of the head.

    I will not allow a deceitful racist to compound that counterproductive assessment that we have been programmed to make of ourselves.

    I hope you can see now why I seem to belabour some points. The thing is engrained in our psyche. As it was drummed in so it must plucked out. We know how weeds grow back if one does not remove the roots.

  8. Donna Avatar
    Donna

    Plenty typos this morning.

  9. David Avatar
    David

    @Donna

    You will not win any arguments with John. The family feud has coloured his world view.

    >

  10. Donna Avatar
    Donna

    David,

    Again, I am not trying to convince John. Nobody wins an argument with John in John’s eyes. But his defences are getting weaker and weaker. Pathetic really.

    Reread what I said above.

  11. Miller Avatar
    Miller

    David July 18, 2020 4:51 AM
    (Quote):
    Almost ten years after being charged with stealing more than a quarter million dollars from a client, attorney-at-law Cheraine Nicole Parris threw in the towel and admitted to theft and money-laundering charges. (Unquote).

    (Quote):
    Parris admitted to stealing the $302,000 belonging to Morrison – the remainder of a larger sum – in 2010. She also pleaded guilty to engaging in money laundering by conducting a series of transactions in moving the cash, being the proceeds of crime. (Unquote).
    ++++++++++++++++++++++++++++++++++++++++++

    @ Blogmaster David BU:

    But how can this be?

    Sounds a bit confusing, as reported.

    What kind of lawyer(s) would plead guilty to a serious ‘criminal’ charge made under a piece of legislation which had No standing of relevance in Barbados at the time of the alleged offence?

    Were the money-laundering charges made this year 2020 under the ‘upgraded’ M/L legislation or in 2010 under the old legislation?

    If we are to go by the ‘competent’ legal advice of our learned counsel “Greene” the ‘previous’ anti money-laundering piece of legislation only applied to criminal acts involving terrorism and drug dealing.

  12. David Avatar
    David

    @Miller

    Looks like gaps in the case as reported. What is the timelines of the several charges laid?

    >

  13. David Avatar
    David

    You will find this item deep in today’s Nation newspaper.

    Attorney’s theft charge dismissed

    LESS THAN a month after her first appearance, attorney Susanna Etonia Yvette Thompson had her theft charge dismissed after the complainant opted out of the matter in the Bridgetown Traffic Court last Wednesday.
    Thompson, 39, of Hillaby, St Andrew and The Belle, St Michael, was accused of stealing $5 078, belonging to Natasha Graham, sometime between June 23, 2017 and October 19, 2018, the proceeds of a Republic Bank cashier’s cheque payable to Susanna Thompson.
    Complainant Graham appeared and told Magistrate Graveney Bannister that she was no longer interested in proceeding with the matter.
    Magistrate Bannister then dismissed the charge.
    Thompson was represented by attorney Angella Mitchell-Gittens. (HLE)

  14. David Avatar
    David

    Attorney to pay $40 000 in a week
    SELF-CONFESSED THIEF Cheraine Parris yesterday promised she would have another payment, in a week’s time, to give to the client she bilked out of more than $300 000 ten years ago.
    Parris, of Lowlands, Christ Church, was back in the No. 2 Supreme Court, where she had pleaded guilty to stealing $302 000 belonging to Ashleigh Morrison between April 15 and August 20, 2010.
    The attorney also admitted she engaged in money laundering in that she disposed of $302 000, between April 15 and August 16, 2010, being the proceeds of crime.
    Property sold
    Yesterday, attorney Angella Mitchell-Gittens, who took over Parris’ case last month, told the court that Parris’ uncle had sold his property and had given the attorney a cheque last Friday.
    Parris then told the court: “My uncle is paying in $40 000. Can we be allowed to pay in seven days because the cheque has to clear.”
    On her last appearance, the uncle, Terry Ashby-Smith, who told the court he was selling a property worth $490 000, had said he was willing to help Parris but was waiting to see “how much everybody puts together”.
    Justice Randall Worrell granted Harris the adjournment yesterday and told her to return to court on September 25. She is on bail until then.
    The court had heard that the complainant, then 48 years old and a horse trainer, was interested in buying the Sunset Crest, St James condominium in which she lived and had engaged the services of attorney Karen Culbard. That was in 2007.
    Culbard subsequently passed away, and Parris took over the matter.
    In 2010 Morrison successfully renegotiated the cost of the condominium from $600 000 to $500 000 and told Parris to contact the attorney for the seller so the relevant documents could be drawn up.
    The woman then wrote a cheque for $462 000 and handed it over to Parris. She noticed her account was debited that same day.
    Never called
    But Parris never contacted the seller and either
    did not take Morrison’s calls or made promises she did not keep. The horse trainer went overseas, and when she returned she again contacted the attorney, who told Morrison she had not had time to work on her matter. Months later, and now fed up, Morrison demanded her money back. Three days later, Parris brought a cheque for $462 000 for the woman. A week later it bounced.
    The woman then went to the police.
    When interviewed about the report of theft, Parris told then Station Sergeant Mark White: “I know about this. I don’t want this in my life.”
    She refused to initial any documents, did not dictate a written statement and answered “no comment” to every question she was asked.
    Two years later, the complainant again spoke to police and showed them a $150 000 deposit to her account from Parris.
    The lawyer also paid $10 000 on a subsequent occasion.

  15. David Avatar
    David

    ATTORNEY FAILS TO SHOW WITH $40,000.00

    ATTORNEY Cheraine Parris’ matter will be heard again on Friday after she failed to turn up by the end of yesterday’s sitting in the No. 2 Supreme Court.
    Parris was to return with a payment of $40 000 after, on her last appearance, she had begged the court to give her seven days to allow a cheque, given to her by an uncle, to clear the bank.
    When her matter was called, Parris was not present. Her attorney Angella Mitchell-Gittens, however, said Parris had informed her she was going to the bank with her uncle.
    Request granted
    Mitchell-Gittens then asked that the matter be adjourned until Friday. The request was granted by Justice Randall Worrell.
    Parris, of Lowlands, Christ Church, had pleaded guilty at an earlier Session of the Continuous Sittings to stealing $302 000 belonging to Ashleigh Morrison, between April 15 and August 20, 2010.
    The lawyer 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.

    SOURCE: NATION NEWS

  16. David Avatar
    David

    Mitchell-Gittens objects to case being adjourned
    A REQUEST for an adjournment in a 2013 murder case came in for criticism from a senior attorney in the No. 2 Supreme Court.
    Ryan O’Neal Small, of Martin’s Road, The Pine, St Michael; Tyrone DaCosta Hope, of Hothersal Turning, St Michael; and Carlo Devere Hinkson, of Bridge Cot, St George, each denied they murdered Damian Foster, formerly of Eden Lodge, St Michael, between June 6 and 8, 2013.
    Small was represented by Angella Mitchell-Gittens, who was holding a brief for attorney Dennis Headley who is representing Hinkson, while Vonda Pile appeared for Hope.
    Crown Counsel Joyann Catwell, representing Director of Public Prosecutions Donna Babb-Agard, QC, requested that the matter be adjourned until October.
    But Mitchell-Gittens objected, saying the murder matter was extremely old and that one of the accused was “languishing in prison”.
    “Why are we adjourning? Why are we getting a mention date? Is the Crown not ready to proceed? What is happening? Why are we going all the way down to October?” she questioned.
    “This has been the subject of a constitutional motion where Mr Hinkson was granted bail, next-to-nothing Magistrates’ Court bail because of the delay in the matter,” the attorney said.
    Mitchell-Gittens noted the representative of the Crown was irrelevant since the Crown was an institution. In addition, she said Small wanted his matter adjudicated so he could “get on with his life”.
    “And I thought we were in an era where we are looking to try matters, especially capital matters,” she said.
    Justice Randall Worrell adjourned the matter until September 4 “so we can see what the situation is, whether the Crown is ready to proceed or not”.

    Source: Nation

  17. David Avatar
    David

    Lawyer turns up without money

    CHERAINE NICOLE PARRIS turned up empty-handed last Friday.
    The lawyer, who pleaded guilty to theft and money laundering after she bilked a woman out of her savings, was supposed to hand over $40 000 to the woman last Tuesday.
    But Parris did not turn up and the matter was adjourned until last Friday.
    The attorney, of Lowlands, Christ Church, had pleaded guilty to stealing $302 000 belonging to Ashleigh Morrison, between April 15 and August 20, 2010.
    She 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 is being represented by attorney Angella Mitchell-Gittens, while Acting Director of Public Prosecutions Alliston Seale is prosecuting.
    When Parris reappeared in the No. 2 Supreme Court, she apologised for her absence earlier in the week and said she was “trying to get the matter resolved”.
    “I did go to the bank (with her uncle who was supposed to be giving her a cheque for $40 000) but I couldn’t get it resolved on Tuesday,” she said, explaining that was why she was late getting to court.
    Wanted evidence
    She explained that because of the sum, the bank had wanted evidence of where her uncle had gotten the funds.
    “I spoke to him at length as to how important it is to have the cheque today. We were not able to attend to the bank [Thursday] but I do believe that my uncle is still very willing to assist with this matter,” she said.
    Parris then asked the court for three more days to resolve the matter “either through his funds or funds from a different source”.
    “He is 70 years old, but I talked to him and tried my best to tell him how urgent this is. I don’t believe he is fooling around and I think we can get the funds to Miss Morrison, if not from him then from another source,” she said.
    Justice Randall Worrell told the self-confessed thief: “Whereas you may be finding difficulty, I think Miss Morrison is finding even greater difficulty. The lady wants her money. It doesn’t get any less than that.”
    He then requested that Parris’ uncle and her cousin, who had also said he was willing to help her repay her debt, appear in court next Friday.
    (HLE)

  18. David Avatar
    David

    Submissions on sentence due today
    DESPITE turning up again without any money for the complainant, attorney Cheraine Nicole Parris said she still wanted an opportunity to repay the thousands of dollars she stole from a former horse trainer ten years ago.
    The attorney, of Lowlands, Christ Church, who was back in the No. 2 Supreme Court yesterday, had pleaded guilty, earlier in the Session of the Continuous Sittings, to stealing $302 000 belonging to Ashleigh Morrison between April 15 and August 20, 2010.
    The attorney also admitted she engaged in money laundering in that she disposed of $302 000, between April 15 and August 16, 2010, being the proceeds of crime.
    She is represented by attorney Angella Mitchell-Gittens, while Acting Director of Public Prosecutions Alliston Seale is prosecuting.
    The attorney told the court she meant no harm to the complainant.
    “When the cheque bounced, I was actually in her presence. I immediately paid funds the same day and subsequently I gave her more funds,” she told the court.
    “I have been trying to settle this matter. I want the matter settled. I want to repay and I want the opportunity still to repay Ms Morrison,” Parris added.
    When the matter resumes today before Justice Randall Worrell, attorneys for both sides will make submissions on sentence.
    The court had earlier been told that the then 48-year-old complainant was interested in buying the condominium in which she lived and had engaged the services of attorney Karen Culbard. That was in 2007.
    Culbard initiated correspondence with the attorney who was working for the seller.
    However, Culbard died in June 2008 and Parris took over the matter.
    Morrison eventually wrote a cheque for $30 000, and then another for $5 250 after Parris said her attorney’s fees were $10 000.
    Account debited
    In 2010 Morrison then successfully renegotiated the cost of the condominium from $600 000 to $500 000 and told Parris to contact her counterpart so the relevant documents could be drawn up.
    The woman then wrote a cheque for $462 000 and handed it over to Parris. She noticed her account was debited that same day.
    But Parris never contacted the seller and either made promises or did not take Morrison’s calls.
    The horse trainer subsequently travelled overseas and when she returned she again contacted the attorney,
    who told Morrison she had not had time to work on the matter. Months later, and now fed up, Morrison demanded her money back. That was on August 16.
    Three days later, Parris brought a cheque for $462 000 for the woman. A week later it bounced.
    The woman then went to the police.
    Parris told then Station Sergeant Mark White: “I know about this. I don’t want this in my life.”
    She, however, refused to initial any documents, did not dictate a written statement and answered “no comment” to every question she was asked.
    Two years later, the complainant again spoke to police and showed them a $150 000 deposit to her account from Parris.
    The lawyer also paid $10 000 on a subsequent occasion.

    Source: Nation News

  19. David Avatar
    David

    Attorney in tears
    By Heather-Lynn Evanson heatherlynevanson@nationnews.com
    For the second time in 12 months, an attorney has been sent to prison for stealing a client’s money.
    This time it is disgraced lawyer Cheraine Nicole Parris, who will spend four years for bilking her client out of almost half-million dollars ten years ago.
    “This is not a little amount,” Justice Randall Worrell told her. “This is a considerable amount of money, however one looks at it. In addition to that, the more aggravating feature is that you were placed in a position of trust and you breached that trust considerably. So there must be a sentence of imprisonment,” he said.
    However, unlike attorney Vonda Pile, who was stoic as she was sentenced to three years, Parris broke into loud sobs and wails when she heard her fate in the No. 2 Supreme Court yesterday.
    Parris, of Lowlands, Christ Church, had pleaded guilty to 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.
    She 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 was represented by attorney Angella Mitchell-Gittens, while Deputy Director of Public Prosecutions Alliston Seale prosecuted.
    Parris’ guilty plea came after more than five years of appearances, adjournments before the High Court and promises to pay the money.
    What made the case so serious, said Justice Worrell yesterday, was that Parris had made no attempt to repay the outstanding balance.
    “I don’t think that anyone can complain. You had from 2010 to 2020 to try to see if you could pay back this money.
    “The date of this offence is April 15, 2010. We are now at September 2020. Even if you were paying back $3 000 a month, you would have exceeded the amount for which you have been placed before this court,” he said.
    “Ten years have gone. So if you didn’t get $302 000 in ten years, are you going to get it in 60 days?” the judge asked, as he noted Parris’ breach of trust had had a detrimental effect on the complainant’s health.
    He told Parris he had, however, considered her guilty plea and that she had a clean record. But those, he added, were the only two mitigating factors in her case.
    Discount given
    Justice Worrell said he had determined that the starting point should be six years and he had given her the one-third discount for her guilty plea. He then ordered that Parris serve the remaining four years for the offences.
    Prosecutor Seale, in his submissions on sentence, said Parris’ matter should be a lesson to young attorneys about “never hanging your hat higher than you can reach”. He said many young lawyers entered the profession with delusions of grandeur and felt they needed to live “the lawyer lifestyle”.
    Meanwhile, Mitchell-Gittens said Parris had been struggling personally and professionally since she was apprehended for the theft.
    “If it were in her power to repay Ms Morrison, she would have,” defence counsel said.
    It was in September 2019 that attorney Vonda Pile was found guilty and jailed for three years for stealing US$96 008 between April 29, 2009, and October 26, 2010, from Bajan/New Yorker Anstey King. She was found not guilty of money laundering.
    Since then she has appealed her conviction and sentence, is on bail and back practising at the Bar.

  20. Sargeant Avatar
    Sargeant

    A client who was hoping to own a half a million-dollar home is, instead, now dependent on welfare and the loss of the investment she entrusted to her lawyer was today compared to suffering an aneurysm.The analogy came from both the prosecution and the High court judge just before attorney-at-law Cheraine Parris was sentenced to four years in prison. She is the second lawyer, in just under a year, to be jailed for theft of a client’s money. In September 2019, Vonda Pile was sentenced to three years in prison for stealing $191 416. 39 from a former client

    The report is disjointed I am getting the impression that she has repaid $292,000….

    https://barbadostoday.bb/2020/09/12/judge-says-lawyer-had-enough-chance-to-repay-stolen-money/

  21. Critical Analyzer Avatar
    Critical Analyzer

    CHANGE THE LAW PLEASE. It can be done in less than a week. Will some honest politician put a bill before parliament to get this stupid law changed once and for all.

    Lawyers should never have access to the money in the first place to make such situations possible. Why must all the money be put in a lawyer’s hands in the first place? Clients should be writing two cheques on instructions from the lawyer, one to the seller’s name and one to their lawyer to pay their bill.

    What happen to tracing all the stolen money?

  22. Critical Analyzer Avatar
    Critical Analyzer

    @ Sargeant September 12, 2020 10:17 AM
    $292,000 is what is still owed. The original outstanding amount was $302,000 in 2010. She only paid $10,000 over the last 10 years. i.e. She paid the equivalent of $1,000 per year towards the $302,000 she owed.

  23. Sargeant Avatar
    Sargeant

    @CA

    Thanks, just reread the article and you are correct

  24. Hants Avatar
    Hants

    I sold a property in Toronto and got my money 4 working days after closing.

    Agree with Critical Analyzer.

  25. Hal Austin Avatar
    Hal Austin

    Lawyers living beyond their means. I was once told by a leading QC, a lawyer/politician, that the young lawyers in his chambers resented people returning from London having worked as bus drivers and nurses and are now millionaires(in Bajan dollars). That they went to university and were not themselves so wealthy.
    Apart from the nonsense about having been to university, what they were not told was how hard those men and women worked in the UK and what humiliations they endured for their money. In other societies people would have been proud of their returnees.

  26. Hants Avatar
    Hants

    It should not matter how hard a person worked for THEIR money.

    It is THEIR money to do as they please with it.

    All lawyers especially those SENIOR SUCCESSFUL LAWYERS, QCs and JUDGES shoulddo what is right.

  27. Sargeant Avatar
    Sargeant

    Change what law? The PM is a lawyer; the AG is a lawyer; they were both AG’s in previous administrations, they have had ample time to change the law but don’t expect miracles. I read where the last lawyer who was sent to prison for stealing her client’s money is out on bail still protesting her innocence and she had plenty of other lawyers willing to go to bat for her. This last lawyer must be really “hand to mout” none of her colleagues turned up to offer statements of “good” character.

  28. TheOGazerts Avatar
    TheOGazerts

    The idea of two checks has been floated here before. Simple me, believe there is no need for a new law….
    Just honest and ethical lawyers.

    It’s the people who need fixing.

  29. TheOGazerts Avatar
    TheOGazerts

    Took me a while to realize that with all the bells and whistles, its not a toy train.. it’s the damn crew.

  30. Hal Austin Avatar
    Hal Austin

    @ Sargeant

    They have had ample time to THINK about the law. Every adult, no matter what they do, thinks about ways of improving their jobs, in articular, and their occupations/profession, in general.
    So, we must assume, no change because they do not want change. They are implicit in all the wrongs of their profession. Apart from Ezra Alleyne, and formerly Jeff Cumberbatch, Barbadian lawyers do not discuss their profession in public.
    The one that gets me is conveyancing. You do not have to be a lawyer to do conveyancing, it is money for old rope. But in Barbados it goes a lot further.
    Lawyers are paid according to the value of the property. In reality, a lawyer takes the same time and effort to carry out conveyancing on a tin hut as they do for a multi-million dollar mansion.
    But this effective theft is given legal legitimacy by being listed in the Official Gazette. Every time I see it I smile to myself.

  31. Donna Avatar
    Donna

    Do I recall hearing that the same one who talks about his profession get chase down Pinfold Street with a machete?

    Ain’t nobody having access to my money. I am sure it is not written in law that they must. I think it is just convention.

    Why didn’t we ask Jeff when we had him here?

    But I forget! I know one honest lawyer who will level with me.

  32. David Avatar
    David

    @Donna

    A blog for 2009 discussing which profession? LAWYERS!

    https://wp.me/p43Aa-2sJ

  33. Miller Avatar
    Miller

    @ David September 12, 2020 5:22 AM

    (Unquote)
    Parris, of Lowlands, Christ Church, had pleaded guilty to 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.
    She 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. (Unquote).
    +++++++++++++++++++++++++++++++++++++++++++++++++++

    Under which piece of legislation was Ms Parris charged for “Money Laundering”?

    Was she engaged, allegedly, in drug trafficking or terrorism?

    Could you ask your most ‘learned’ friend “Greene” to explain what went on here?

  34. Hal Austin Avatar
    Hal Austin

    Talking about money laundering, then why not look at the property market on the West Coast?

  35. David Avatar
    David

    @Miller

    The funds spent by Parris resulted from criminal activity.

  36. Miller Avatar
    Miller

    @ David September 13, 2020 8:44 AM

    But it has been argued here on BU that under the ‘old’ piece of M/L legislation a charge of money laundering could only succeed if the “criminal activity” involved either drug trafficking or acts of terrorism.

    Isn’t that the basis for the argument why neither Inniss nor the ‘other’ Parris (Greenverbs) could have been charged and prosecuted successfully in the courts of Barbados prior to 2019 because of that very loophole in the old M/L law?

  37. Hants Avatar
    Hants

    https://www.nationnews.com/nationnews/news/247633/deputy-dpp-warns-lawyers

    How about a system that protects Clients money from Lawyers

  38. Donna Avatar
    Donna

    I got a system. It name De Mad Woman System.

  39. David Avatar
    David

    Lawyer may face more action

    by COLVILLE MOUNSEY DISGRACED LAWYER Cheraine Nicole Parris may be in jail, but she may face even more trouble.

    Parris is now facing the possibility of sanctions from the Barbados Bar Association.

    This is according to president of the Bar Association, Rosalind Smith-Millar QC, who stopped short of saying whether the organisation would be seeking to disbar Parris, who was sentenced last week to four years after pleading guilty to stealing $302 000 belonging to Ashleigh Morrison between April 15 and August 20, 2010.

    In an interview with the DAILY NATION yesterday, a passionate Smith-Millar said the Bar Association was duty bound to take some form of action, especially in light of the fact that this is the second such convictionof an attorney in 12 months.

    “A criminal conviction is a breach of the Code of Ethics.

    There are various procedures that can be taken by different people . . . The Bar has to do something – it really does.

    I am not going to run from that one. The Bar has to do something, but I really don’t want to get into what that might be right now,” said Smith-Millar.

    Call for overhaul

    Smith-Millar also called for an overhauling of the disciplinary committee for the legal fraternity, contending that it was simply too small to handle investigations within an ever-growing profession.

    “That system does need some overhauling. The committee is too small for the volume of work that it has to deal with.

    It was established years ago when the Bar Association was much smaller. With an increased number of lawyers, there is a need to increase the size of the committee to deal with matters in a timely fashion.

    This is something that the Bar has been asking [about] for a very long time, along with new representation on that committee – for example, a member of society who is not a lawyer.

    So there are many initiatives that the Bar has put out there over time, but they have not been able to achieve those things,” she said.

    The Bar Association president contended that Parris’ actions, which had dominated public discourse in the last few days, had been a major blow to the legal fraternity’s reputation. In September 2019, attorney Vonda Pile was found guilty and jailed for three years for stealing US$96 008 between April 29, 2009, and October 26, 2010, from Bajan/New Yorker Anstey King. She was found not guilty of money laundering. Since then she has appealed her conviction and sentence, is on bail and back practising at the Bar.

    “Of course, we have taken a hit in our reputation. Lawyers are not supposed to do those things. We are in a position of trust and when clients give us their money, we are supposed to do exactly what they gave us the money to do. I am extremely disappointed about these matters. I have always taken the position that if you abuse that trust and steal client’s money, you are going to have to be held to account,” she said.

    Smith-Millar also responded to suggestions that young attorneys are often misguided by perceptions that grandeur and lavish lifestyles were par for the course upon gaining entry into the profession.

    She told the DAILY NATION that her association has done all it can to keep their young members grounded in reality.

    “I keep having to make the point that lawyers are human beings, we have specialist training and we are held to a higher standard in relation to our duty to our client.

    Unfortunately, because lawyers are human beings, one or two may do wrong things. The vast majority of lawyers do the right thing every day. I can’t say whether young lawyers are coming in with expectations of grandeur or other unrealistic expectations, but we do try at The Bar to engage with our young lawyers coming into the profession, to guide them and remind them what the code of ethics requires of them. I am not making any excuses for any of them because it is unacceptable behaviour for anybody,” she stressed.

    Source: Nation News

  40. David Avatar
    David

    Pile still functioning professionally despite prison sentence

    Randy Bennett

    Article by
    Randy Bennett
    Published on
    September 15, 2020

    Vonda Pile’s time practising law in Barbados could soon be cut short.

    Pile, who was convicted over a year ago of stealing almost $200,000 from a client and subsequently sentenced to three years in prison, was granted bail three months ago after filing an appeal.

    That appeal is set to be heard by the Court of Appeal.

    Weeks after leaving HMP Dodds, Pile shocked her colleagues and members of the public when she returned to work, representing her clients in the Magistrates’ courts.

    In an interview with Barbados TODAY, president of the Barbados Bar Association Rosalind Smith Millar revealed that the body was exploring certain options pertaining to Pile.

    She pointed out that while some authorities had the power to lodge a complaint against Pile on the basis of the conviction they had chosen not to do so.

    “Like everything else there is a due process that has to be undertaken. Now there is a limit to how much I can say about certain things, but I will say that the BAR Council has engaged its mind on these matters.

    There are some authorities who could, as of right, take action, who seemed to have declined to do so, and now it will be for the BAR to take the necessary action, but you don’t just wake up one day and it just happens,” Smith Millar explained.

    “There is a process that has to be gone through. We would have to get permission first to do what others can do without first asking for permission and we are engaged in that process.”

    When pressed if it meant the BAR Association was looking to take action against Pile and prevent her from practising law she responded: “There are certain actions the BAR can take but the disbarment of an attorney-at-law lies at the door of the Court of Appeal. The BAR cannot disbar anybody. We have to go through the process and it will eventually get to the Court of Appeal. I hope it will not take a long time, but we can’t disbar anyone, we can only start the process and try and hurry it along as far as we can.”

    Speaking on the recent conviction of another lawyer, Cheraine Parris, who was sentenced to four years in prison on Friday for stealing over $300,000 from a client, Smith Millar condemned her actions.

    While she said Pile and Parris’ convictions did not qualify as a trend, she admitted they were two convictions too many.

    However, the BAR president reminded Barbadians that they were just two attorneys convicted out of over 1,200.

    “One is too many. Two is way too many. It shouldn’t be happening at all,” Smith Millar maintained.

    “But the public has to put things in perspective; two out of 1,200 is not good, it should be zero. Secondly, if lawyers were not human beings they would not do these things. All manner of people commit offences and while lawyers are held to a very high standard of honesty and trust and they should not betray it, all kinds of people commit offences. It is not an excuse for lawyers, but it is not necessarily realistic to expect that it would never happen.

    “What can the BAR do about it? Remind people of their duty and what is expected of them,” she added.

    Smith Millar also expressed her regret that Parris’ victim Ashleigh Morrison had been wronged, saying she hoped no other client in Barbados would have to “suffer what she has suffered”. randybennett@barbadostoday.bb

  41. Piece the Prophet Avatar
    Piece the Prophet

    With regards to your redesigning comment for this Lawyers in the News and request for suggestion here are a few.

    I would look at a subpage that would be a combination between a customizable slider with would give a sub category e.g. client funds, misrepresentation, or other category headings

    The functionality of this page is not only to categorise its content so users see what they want to see quickly but you want it to be visually attractive.

    But you also don’t want or need to be changing its design too often

  42. David Avatar
    David

    CJ SHORTLIST
    By Barry Alleyne barryalleyne@nationnews.com
    Applications are in, and a shortlist has been created from which Barbados’ next Chief Justice will be chosen.
    And six people have applied to fill the one vacancy on Barbados’ Court of Appeal.
    The Sunday Sun has been informed that five legal luminaries applied to be Chief Justice, including prominent Queen’s Counsel Patterson Cheltenham, Justice Carlisle Greaves and Justice of Appeal Francis Belle. Two non-nationals have also put their hats in the ring.
    When contacted on how the process had gone so far, Attorney General Dale Marshall said he had no idea who had applied for the post.
    “That is the way it’s supposed to be, so I’m glad there has been that high level on confidentiality involved. I’m not in a position to comment on the persons who may have applied for the positions,” he said.
    Marshall said the justice system remained an evolving animal, but having to twice go this route within two years of the current administration taking office had been a bit of a surprise.
    “Last year, when we stood up for the first time the new process of appointing judges to our Supreme Court, we could not have known that we would be engaged in a similar process a year later,” he said.
    Two months ago, Chief Justice Sir Marston Gibson announced his intention to retire. He went on preretirement leave from September 1.
    “On this occasion, the vacancies were the result of the retirement of the Chief Justice, Sir Marston Gibson, and Justice of Appeal Kaye Goodridge. This modern and transparent process has served us well in the selection of judges last year and I am confident that the Judicial Selection Committee will continue to serve
    us well,” the Attorney General noted.
    He said the time for applications had closed and interviews would be conducted this week.
    “I anticipate that the committee ought to be able to make their recommendations to the Prime Minister within a short period thereafter.
    “The Judicial Selection Committee thereafter will submit a formal report to the Prime Minister of the entire process from start to finish, and that report is laid in Parliament forming a permanent and public record of its work,” he said.
    Sir Marston, 66, became the 13th Chief Justice of Barbados, assuming office on September 1, 2011. He was made a Knight of St Andrew in the Independence Honours of November 2012.
    He had practised law in the United States for more than 20 years before being selected by the then ruling Democratic Labour Party for the position.

  43. TheOGazerts Avatar
    TheOGazerts

    https://barbadostoday.bb/2020/09/29/qc-suggests-way-to-stop-lawyers-stealing-clients-money/

    We have seen it here on BU

  44. Piece the Prophet Avatar
    Piece the Prophet

    @ Commander Theophillus Gazzerts.

    De ole man sends you kind greetings and wishes you continued success as you continue to battle the enemy that has been enlisted by Mugabe Mottley to silence you.

    That solution of which you passingly speak is so obvious a solution that a retard like Bedroom Police with his 14 degrees could have thought of it!

    If lawyers illrgally tekking cookies from the cookie jar in dem office MOVE DE COOKIE JAR from their office!!!

    But Commander, a obvious a solution that is, the fact is that the QC who now arrive to what de ole man grandson been saying for years, has been conspicuously silent about what she sees happening with existing client accounts currently held by QCs like herself AND OTHER WOLVES.

    I wonder if the Honourable Blogmaster could get this so called Bright QC to come pun Barbados Underground and expand on “she original idea”

    Heheheheh

  45. David Avatar
    David

    https://platform.twitter.com/widgets.js

  46. David Avatar
    David

    Bar’s report on Nicholls in focus

    by MARIA BRADSHAW mariabradshaw@nationnews.com
    T
    HE REPORT of the Disciplinary Committee of the Barbados Bar Association, which conducted investigations into alleged professional misconduct by attorney Philip Nicholls, dominated the Court of Appeal proceedings yesterday.
    Queen’s Counsel Barry Gale, who is representing complainants Elma Inniss and Joyce Bowen, executrices of the estate of John Patrick Connor (deceased), is asking the court to consider the report of the Disciplinary Committee, while Queen’s Counsel Sir Elliott Mottley, who is representing Nicholls, says it is not a valid document.
    Acting Chief Justice Rajendra Narine and Justices of Appeal Kaye Goodridge and William Chandler are hearing the matter.
    Nicholls appeared before the Disciplinary Committee last year over his failure to account for $860 000, proceeds of the sale of a property which was owned by the deceased and his wife. The Committee, which was chaired by Cicely Chase (now Justice Chase-Harding), recommended that Nicholls be disbarred and his name removed from the roll of attorneys for unprofessional misconduct. The report was then submitted to the Court of Appeal.
    Sir Elliott has taken preliminary objections to the court relying on the report, saying it was flawed, but Gale submitted it had satisfied the requirements of Section 21 of the Legal Profession Act.
    “You have a report which is signed by the chairman of the Disciplinary Committee. You have a report which sets out the findings of the [committee], the reasons for its decision and the recommendations. This court therefore has the requisite jurisdiction and ability to consider the report,” Gale said.
    “It is clear that it is only this court that has the jurisdiction and power to discipline or not discipline Mr Nicholls,” he submitted, adding the appeal judges could adopt or ignore the recommendations of the committee.
    Statutory duty
    In terms of Sir Elliott’s objection, Gale said there was no evidence to support it and even if there were any technical irregularities, the court still had a statutory duty to hear the complaint.
    “The objection is questioning whether a quorum was present and whether the decision before the court is that of the Disciplinary Committee. You have evidence of Mr Nicholls himself contained in his affidavit on the 20th February, 2020,” Gale noted, adding the complaint was heard by the committee between 2008 and 2010 and that the report was signed by then chairman Cicely Chase.
    “This court will have to make its own ruling on the report. This court can decide whether to rely on the report – whether it accepts the recommendation or rejects it – and the court can substitute its own disciplinary measures or even go so far to say no disciplinary action is merited,” he argued.
    He said if the court were to throw out the report for the reasons advanced by Sir Elliott, “it would be a gross injustice to the complainants”.
    “This court has repeatedly said that it has a duty to protect the public from this type of behaviour and it has a duty to protect the integrity of the legal profession. It would be a gross disparity in justice if this court declines to hear this complaint. It would be a gross miscarriage of justice to the complainants and . . . a gross discharge of justice and total unfairness to the complainants if this matter is dismissed for some technicality.”
    In his submission, Sir Elliott said the Legal Profession Act spoke about the Disciplinary Committee deciding on an application of misconduct.
    He argued the report was signed by Chase and not the committee.
    “The powers are given not to the chairman of the Disciplinary Committee. The powers are given to the committee. The committee can only act by a quorum; it can’t by one individual,” he said.
    He referred to the affidavit of committee member Rita Evans in which she said she could not recall a meeting taking place on July 16, 2019, and as such she was unable to shed any light on the compilation of the report.
    Called into question
    “The report cannot be the report of the chairman of the committee. The chairman has a duty to submit that report for the consideration for members of the committee.”
    Sir Elliott charged that the integrity of the report had been called into question.
    “This is not a breach of natural justice, this is a fundamental flaw,” he said.
    “The very integrity of this report is being called into question and if you call the integrity of the report into question, you are calling the integrity of the chairman into question. What Miss Evans is saying is that she was not present at any meeting on July 16, so the whole integrity of the report is called into question. I don’t see how a chairman could sit down and write that and put it forward to the Court of Appeal as a document of the committee.”
    The court will give its decision at a later date.

    Source: Nation

  47. John Avatar
    John

    Barbadians always seem to make a mountain out of a molehill. This problem with lawyers misappropriation of client’s funds is such a simple matter to solve that I honestly believe the powers that be prefer to leave things as is to protect themselves and their buddies.

  48. John Avatar
    John

    John Knox was sleeping at 8:33 pm!!

    If you want to find out more about the odyssey of Philip Nicholls, read his two books.

    A third is also due out soon.

    You will find out just how corrupt the officers of the court are in Barbados.

  49. John Avatar
    John

    CLICO!!

  50. David Avatar
    David

    IN LIMBO 

    Retired Sir Marston still to deliver several decisions

    By Maria Bradshawmariabradshaw@nationnews.com

    A number of Court of Appeal (COA) decisions involving former Chief Justice Sir Marston Gibson and two former Court of Appeal judges are at a standstill.

    That is because an appeal has been filed before the Caribbean Court of Justice (CCJ) challenging the constitutionality of Governor General Dame Sandra Mason and CCJ judge Andrew Burgess rendering a decision on a Court of Appeal case while not sitting as COA judges.

    Attorney General Dale Marshall confirmed to the Sunday Sun that the judiciary was awaiting the outcome of the appeal before the other cases could move forward.

    He was responding to questions about the outstanding judgments both in the High Court and the COA still to be delivered by Sir Marston, who resigned as Chief Justice at the end of August.

    The Sunday Sun understands that collectively there are about 30 cases.

    While Marshall said he did not know the exact number, he confirmed that there were a number of judgments to be written by the former Head of the Judiciary.

    Still to be written

    “The former Chief Justice Sir Marston does have a number of Court of Appeal decisions that he is to write. He also has a number of High Court decisions that he is to write. There is a constitutional challenge with his ability to deliver the Court of Appeal decisions because of the fact that the court at that time included Dame Sandra Mason and therefore the argument is that those decisions, having not been previously given, cannot now be given because of the notice of Dame Sandra participating in the giving of those decisions . . . .

    “The convention is that they would sign the decision and the argument is that the act of Dame Sandra signing a decision atthis time would be a breach of the doctrine of separation of powers. So that is before the CCJ and we would have to await the outcome of a CCJ ruling to determine whether Dame Sandra can join in those decisions before those can go forward – so those

    decisions are effectively at a standstill at this point.”

    However, he noted that in relation to High Court decisions: “There is provision in the Constitution for a judge to come back and give decisions, and I am hopeful that Sir Marston will get those decisions out of the way with some despatch.”

    With Barbados’ judiciary being widely criticised for its backlog of cases, Marshall said: “It is obviously not a good thing for him to still have decisions outstanding, so my earnest hope is that he would do everything in his power to get them delivered. Some of them do go back a number of years.”

    He said the number of COA judgments to be written by Sir Marston was over 25 but some had been given since he left the bench.

    “The matter of outstanding judgments is a tremendous concern to me as Attorney General and certainly to the Government and obviously to the people involved. I get people complaining to me that they had been waiting six years or more.

    “In my early meetings with Sir Marston after coming to office I told him to let me know if there are resources he needs so to be able to get rid of the backlog, but I was assured it wasn’t a case of resources.

    “I am aware that the former Chief Justice had adopted the practice of giving judges downtime so that they could write their decisions. I am sure some were delivered but the backlogs are still

    quite large.”

    Marshall said that he had asked the president of the Bar Association to compile a current list of outstanding decisions as well as the details and dates that the matters were heard.

    He said this was something that the Bar had been doing for a number of years.

    Timely judgments

    In terms of disciplining judges who fail to write judgments in a timely manner, Marshall reminded that Parliament had amended the Constitution to add to the definition of misconduct the delay of more than six months in giving a decision,

    but he noted: “Obviously you ought not to look at a six-month deadline mechanically because some matters are more complex than others; but I think it is a signal when we amended the Constitution, to all High Court judges that we consider that anything beyond six months is really unacceptable . . . .”

    However, he said there were no “coercive mechanisms” that could be used against a judge who was negligent in giving decisions other than to seek to remove them from the bench.

    “It is our earnest hope that the changes we made in the court in terms of increasing the number of judges will help to reduce the backlog. . . .”

    Source: Nation

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