Lawyers in the News

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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The objective of BU LAWYERS in the NEWS page is to highlight reports of interest to the public about the activities of Barbados based lawyers.
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369 responses to “LAWYERS in the NEWS”

David

October 30, 2023 at 11:04 am

The problem is that the fraternity must agree.
David

November 5, 2023 at 4:35 am

DISBARRED

LAWYER ‘MISSING’ Ex-attorney still owes former client just over $2m

By Maria Bradshaw mariabradshaw@nationnews.com

Disbarred attorney Therold O’Neal Fields owes his former client, Patricia Simpson, $2 124 354, representing the $601 000 which the Court of Appeal ordered him to repay to her plus interest of $1 523 354 accumulated over the past 15 years.

And, while the office of the Director of Public Prosecutions is saying it cannot locate Fields, attorney Philip Pilgrim, who represented Simpson pro bono during the disbarment proceedings against him in 2014, believes the “authorities are not doing enough” to find him.

“I am not impressed at all that the authorities are doing their best to locate Mr Fields,” Pilgrim said, as he sat in his St Michael offices with Simpson. The 74-yearold, who resides in Britain, has travelled to Barbados to find out the status of the case against Fields.

It was back in 2014 that the Court of Appeal disbarred the attorney for the failed transaction involving Simpson, who sent him amounts of BDS$5 000, £20 000 and £112 000 in 2006 to purchase a house for her at Eloise Gardens, Christ Church. The court had also ordered Fields to repay the money with interest of eight per cent added from the date of the complaint in 2008. The attorney has not repaid a cent.

When contacted, Deputy Director of Public Prosecutions Alliston Seale confirmed he was in possession of a matter involving Fields and Simpson. He said they had not been able to locate him as yet.

However, Sunday Sun investigations revealed that Fields resides in Christ Church in close proximity to the Oistins Police Station and operates ROLD Legal Consultants, where he has been offering himself as a legal consultant to farmers and residents of Gibbons, Christ Church, who are seeking to obtain compensation from Shell PLC in the United Kingdom as a result of an oil spill which occurred in Barbados many years ago.

On December 21, 2022, a reporter of the Nation Publishing Co. Ltd attended the Pegwell Boggs Community Church where Fields held a meeting with several of these residents and assured them he was in contact with attorneys in the UK who were willing to work on their behalf to obtain settlements of millions of dollars for the oil spill. He also sent close to 40 residents letters outlining the monies ranging from $20 million to $100 million which he had calculated was owed to them by the oil company.

Pilgrim told the Sunday Sun he was also in possession of a letter which Fields wrote to the residents on October 4, advising that attorneys in the UK were ready to proceed with their claim.

He noted: “Mr Fields was at one time living in Newbury, St George, and as recent as October 2023 Mr Fields is giving his address as Ocean Dream Apartments, Scarborough, Christ Church, and he wrote a letter dated October 4, 2023, to some of the claimants being farmers at Gibbons Boggs who he is proposing to represent in a matter against Shell PLC. So it is very unfortunate the authorities are saying to me the efforts to locate Mr Fields have proven futile. I don’t agree with that assessment at all.”

Outlining the timeline of events when his client first reported Fields to the Disciplinary Committee of the Barbados Bar Association in 2008, Pilgrim said: “We’ve had a time span of five years that went by after she lodged her complaint to the Bar Association; then we’ve had more than eight years that have gone by since April 15, 2015 (when he was struck off the roll) to October, 2023,” as he pointed out that the disgraced attorney was committed to the High Court following a preliminary enquiry at the magistrate court.

Pilgrim also lamented that Lester Corbin, who acted on Simpson’s behalf by delivering the cheques to Fields, and who gave evidence at the disciplinary hearing, “has since died”.

“Miss Simpson is not in the best of health. She is now 74 years old and is here in Barbados to find out what is happening and she is extremely distressed that the matter cannot proceed and in the meantime Therold Fields is seen in public in Christ Church telling farmers that they are going to get a great deal of money from the Shell PLC matter. You want to tell me that all of that is going on and the authorities in Barbados cannot locate Mr Fields?” the attorney queried.

Source: Nation
TheOGazerts

November 8, 2023 at 1:42 pm

Once again “High praise” for the blog master. I saw the above story on Instagram and raised it elsewhere for discussion but unlike here where no one made a comment, just one person made a comment there.

Instagram Post
“Disbarred attorney Therold O’Neal Fields owes a former 74-year-old female client more than $2.1 million. The office of the Director of Public Prosecutions is saying they can’t locate him, but the woman’s lawyer believes “authorities are not doing enough” to find him.”

I was looking to post the Instagram bit here, but I saw the blog master al ready has the story here.

Yes! Only one person in that other forum was brave enough to comment. In that den of lawyers, not a fellow said one word.

You can have mangled or false legislation, you can ask for new courts and more judges, you can stitch a constitution together, but until folks are not afraid to say that “wrong is wrong”, everything is meaningless.

Good men saying nothing is one of the reason why crooks are flourishing on the island. Will you wait until you or a family member are victims before you speak up against crooked practices? There may be no one left to hear you.

Sad news David … You cannot do it by yourself.
David

November 11, 2023 at 4:14 am

Speed up the delivery of justice, please!

The movement of the Earth’s crust is considered so slow that geologists warn it is virtually impossible to perceive it with the naked eye. So, when the pace of the current flow of decisions from Barbados’ courts was recently likened to the speed of tectonic plates, the truth of our situation hit home like the proverbial “ton of bricks”, bringing with it deep regret or embarrassment, or both.

For hardly a month goes by without a judge, magistrate, police prosecutor, defence attorney or victim of tardiness complaining about or offering wellmeaning solutions to the long-standing question: why does it take so long to resolve court cases in Barbados?

Just last month, an acting magistrate, Bernadeth John, wisely dismissed several matters which had been languishing in the system for years without resolution and for which police officers were still without files.

Responsibility

What is perplexing in Barbados and different parts of the Caribbean, where a similar problem exists, is the appearance of what many see as a weakening of the once strong sense of responsibility to get the job done by delivering justice in a timely fashion. This is about meeting the high standard advocated by Dr Martin Luther King Jr in a letter from a Birmingham jail in Alabama in 1963 when he warned: “Justice too long delayed is justice denied.”

In that respect, we can learn a lot from the days of Sir David Simmons when, as Chief Justice, he headed the judiciary, wrote at least 100 decisions, masterminded the construction of the hall of justice and pushed the court calendar along at a steady clip.

A key element in the issue of delay of justice is whether its delivery is being hampered by unavoidable barriers or by necessary pauses. In our case, those apparent factors don’t seem to apply.

Instead, according to available evidence, far too often (1) files are not available for months and years; (2) frequent adjournments requested by prosecutors and defence counsel; and (3) crowded court calendars that, when combined, help to erect roadblocks to legal redress or equitable relief to victims or alleged perpetrators.

Now, Sir Elliott Mottley, a veteran at the Bar who once served as Bermuda’s attorney general, and High Court Justice Carlisle Greaves, who also served with distinction in Bermuda’s judiciary, have added two intriguing reasons for the delays.

Sir Elliott has cited the oftenlate opening and the early closing of Magistrates’ Courts proceedings as a contributing factor to the backlog, 16 000 earlier this year, compounding the nightmare.

“I challenge anyone to go after two o’clock to any Magistrates’ Court and see whether the magistrates are sitting,” he told Starcom Network’s Sunday Brass Tacks radio call-in programme recently. “I remember when the Magistrates’ Courts started at nine.

They start at half past nine and a quarter to ten . . . . How many magistrates sit until four?”

That rhetorical question deserves a firm answer from the offices of the Chief Magistrate and the Chief Justice. After all, they hold final responsibility for the management of cases before our courts.

Mathematics indicates late openings and early closings may be costing the Magistrates’ Courts days of hearings every month.

Human resources

For his part, Justice Greaves has put much of the case for more magistrates to be appointed. “I say we have to expand the lower judiciary, not only increasing the work that they do by transferring some of the matters that we try in the Supreme Court, but by increasing their numbers. It doesn’t make sense having one magistrate in a jurisdiction with a few people and no crime, while you have one serving in a jurisdiction with lots of crime,” was the way he put it.

To that we say stick a pin on the question of more magistrates. Barbados must first solve the matter of the use of existing human resources before adding more lower-level judicial officers. We could end up compounding the problem.

Sir David, a member of the Law Reform Commission, publicly indicated that the panel was developing new rules of criminal procedures in the Magistrates’ Court, and they should be ready by early next year. We must await those procedures before moving forward.

But even before then, Justice Greaves, who has earned kudos in and out of Bermuda for the successful reform measures he fashioned and implemented, should be invited to do the same for his birthplace, beginning with sessions attended by magistrates on how to structure and manage their calendars.

Source: Nation
TheOGazerts

November 11, 2023 at 8:04 am

Jesus.. this is similar to my 10/30/2023 post above.

I have bad news for everyone… Bookmark and read in 2032, it will still be relevant.
David

November 19, 2023 at 3:51 am

Legal squeeze

Bar revising act to clamp down on attorneys stealing from clients

By Maria Bradshaw

mariabradshaw@nationnews.com

In an effort to deal more effectively with attorneys stealing from their clients, the Barbados Bar Association has submitted sweeping changes to the Legal Profession Act, which includes a rigorous process of auditing attorney’s client accounts as well as a more rigid disciplinary procedure.

In addition, attorneys would also have to submit to mandatory yearly training in order to receive their practicing certificates.

These are just a few of the new proposals which the Association has submitted for a revised Legal Profession Bill, as it continues to be dogged by instances of attorneys stealing thousands of dollars, from their clients.

They are hoping the new rules would come into effect next year.

A press release submitted to the Sunday Sun yesterday by the president, Kaye Williams, highlighted the new changes.

“Attorneys will face a tough new legislative and regulatory framework in 2024 if the changes for which the Barbados Bar Association has been asking are passed in a revised Legal Profession Bill. The Barbados Bar Association has been informed by the Law Reform Commission that a draft Bill will be provided no later than January 2024.

“One such proposal includes imposing pre-requisites that have to be met every year in order to practice. Annual practising certificates are currently granted ‘as a matter of course’ when the yearly fees are paid to the Supreme Court. This can no longer continue,” the association stated, adding it would not be “business as usual to obtain that certificate”.

Reputation

“First, it is illegal for any attorney to practise law without a practising certificate and second, it will not be business as usual to obtain that certificate. Not only must members be subject each year to compulsory legal education training, the Barbados Bar Association has advocated for rigorous accounting rules which have to be met before any attorney can obtain their annual practising certificate. Every year, client accounts must be verified and audited and the reports certified and issued by accountants. There must be a legislative framework that not only provide for annual monitoring of client accounts, but also stiff penalties to ensure compliance,” the release stated.

It added: “Findings of theft from clients and related misconduct destroys the reputation of not only the profession but also Barbados as a business jurisdiction. The aim of the legislative provisions is to ensure that, each and every year, clients’ funds are safe and that clients’ accounts are in order before the issuance of a practising certificate to an attorney. The requirement for financial probity among attorneys is essential within the legal profession and indeed a requirement for the due administration of justice.”

In terms of the disciplinary committee, the association reiterated it was a separate body but pointed out that extensive changes would also be coming to the disciplinary process.

“Generally, the public is not aware that, under our current legislation, the disciplinary committee is a separate body to the Bar Association. That notwithstanding, the BBA has recommended extensive changes to entirely revamp the system of discipline in terms of its governance, size, composition, and powers. One proposal is that the current system of discipline needs to be replaced with an entirely new body led by a legally trained chairman, comprising of members of the public, civic society and retired judges. It will act as a properly funded and staffed tribunal in order to determine all complaints in a prompt, fair manner.”

It explained: “Under the current system, if an attorney is disbarred and ordered to repay, that is the end of the disciplinary process. The power to enforce the court order to repay lies with another arm of the legal system entirely. The Barbados Bar believes that the body imposing the discipline must have certain powers to ensure swifter justice for the public as well as enforcement of orders made for restitution and repayment of client funds.”

Only last month, Chief Justice Sir Patterson Cheltenham called for an amendment to the Legal Profession Act to allow for swifter justice for clients whose funds had been misappropriated by their attorneys.

Speaking to new attorneys who were admitted to the BAR, the Chief Justice said this was an area of “constant complaint and disappointment” both here and overseas as he suggested that was necessary to create a body that it could address these matters more expeditiously.

He stated: “The solution to this problem, in my view, is to replace the current system of discipline with a new body led by a legally trained chairman – a retired judge is one possibility – and comprising of members of the public and legal profession. It has to be properly funded and staffed in order to evaluate all complaints made with dispatch and fairness to all involved,” as he also disclosed that a new Legal Profession Act was in draft.

Source: Nation
David

November 19, 2023 at 3:59 am

Regulating the legal profession

The following article was written and submitted by the Integrity Group Barbados. “In Barbados the concept of self-regulation is an illusion, because comprehensive machinery for that regulation can hardly be said to exist.” – The late Sir Roy Marshall, former chairman of the National Commission on Law and Order – The Nation Newspaper, March 18, 2011.

The report in the Sunday Sun of November 5 which carried the headline

Disbarred Lawyer Missing

told the sad story of a former client who is owed $601 000 by a disbarred attorney.

The report stated that in 2014, the Court of Appeal had ordered him to repay the money, yet up until now the client has not seen a penny. This is not an isolated case, as there have been other recent instances where members of the legal profession have been brought before the courts for misappropriation of clients’ funds.

While the lawyers involved have been brought to justice, and the Disciplinary Committee of the Bar Association has done its duty in having these lawyers disbarred, their clients have been left in the lurch having lost large sums.

Perhaps it was for the foregoing reason that, in early October, Arthur Holder, Speaker of the House, on being elevated to Senior Counsel, reminded the legal profession of the importance of integrity.

In an interview with the local media, he asserted that, “The money of clients does not belong to the attorney. You do not mess with clients’ funds and I believe that if you do not stick to that oath and you take clients’ money, you should be treated and done like as you would do a normal person, that you should feel the full weight of the law if you steal clients’ money. It is as simple as that.”

Great concern

The foregoing must be of great concern to the Barbados Bar Association and the many lawyers who serve their profession with distinction and adhere to the highest levels of integrity. There can be no doubt of the position of the Bar Association on this issue, as one of the first clauses in their Code of Ethics states that, “An attorney-at-law shall maintain his integrity and the honour and dignity of the legal profession and of his own standing as a member of it and shall encourage other attorneysat- law to act similarly both in the practice of his profession and in his private life and shall refrain from conduct which is detrimental to the profession or which may tend to discredit it”.

Moreover, the Legal Profession Act, which first came into operation in 1973 and was last revised in 2004, states that the Judicial Advisory Council may make rules generally as to the keeping and operating of bank accounts or clients’ money by attorneysat- law. The legislation further states that the rules may also require an attorney-at-law, in such cases as may be prescribed by the rules to keep on deposit in a separate account at a bank for the benefit of the client. The Legal Profession (Accounts) Rules, which were also enacted in 1973, provide further guidance on how clients’ funds should be managed.

Badly wrong

Barbados has been served well by our legal profession, yet something is badly wrong and needs to be fixed. It has been over two decades since the late Sir Roy Marshall was invited to chair the National Commission on Law and Order and called for changes in how members of the legal profession were policed.

Sir Roy stated that, “In Barbados the concept of selfregulation is an illusion, because comprehensive machinery for that regulation can hardly be said to exist”.

He highlighted that in Britain there is strong and effective legislation to regulate the conduct of legal practitioners, and a very powerful, wellfunded, and serious enforcement body – the Law Society – which ensures that the client is protected.

In February 2015, Andrew Brathwaite, then vice-president of the Institute of Chartered Accountants of Barbados (ICAB), in an interview with the Nation Newspaper, stated that “Proper accounting for client money can be complex, especially where there is a large number of clients and client transactions and errors may occur inadvertently despite the best of intentions. Even where the lawyer has employed qualified accounting staff to supervise record keeping, independent verification may still be advisable”.

He suggested that “Independent verification may include periodic audit of client accounts, or limited procedures to verify that the recommended accounting systems and controls are in place and operating effectively”.

Brathwaite also pointed to Britain’s Law Society’s Solicitors Regulation Authority (SRA) as offering a detailed guide for the protection of client accounts.

The following are summary extracts from the SRA regulations on how legal firms and sole practitioners are to deal with money belonging to clients. The regulations advise that legal firms and sole practitioners shall:

• Keep client money separate from money belonging to the legal firm or sole practitioner.

• Ensure that client money is paid promptly into a client account.

• Ensure that client money is available on demand unless an alternative arrangement has been agreed in writing with the client.

• Ensure that client money is returned promptly to the client, or the third party for whom the money is held, as soon as there is no longer any proper reason to hold those funds.

• Only withdraw client money from a client account for the purpose for which it is being held or following receipt of instructions from the client, or the third party for whom the money is held.

Draw from Britain

Whilst the local regulations also cover the foregoing areas, IGB is of the view that proactive monitoring and compliance of the legal profession should be far more effective and supports the suggestion from Brathwaite that we draw on Britain’s SRA to strengthen our own regulations in Barbados.

The absence of a strong monitoring framework for the legal profession in Barbados has persisted for too long. IGB understands that the Bar Association has requested changes to strengthen the Disciplinary Committee.

We hope that the lawyers that sit in our House of Assembly will work to bring the necessary changes to correct this glaring deficiency. The reputation of our legal profession is at stake.

Source: Nation
TheoGazerts

November 19, 2023 at 10:30 am

I am quite certain that you have already heard the story of the “Little Boy who cried wolf”. These lawyers wait around graduation time every year and make fancy speeches, promises and announce new initiatives and then disappear into the woodwork. The story have a sweet twist; the big bad wolves (lawyers) are here, but in this story the big bad wolves never disappear, The thieving and dishonesty continues.

Fool me once shame on me; fool me twice shame on me; fool me three times and I am an idiot and you know it. For quite some time they have been singing the same song and the media and the public eats it up every year. Around this time next year, just like Christmas music, you will be hearing the same old song from the lawyers.
TheOGazerts

November 19, 2023 at 10:32 am

Confession: I did not read the 3:5x bullshit postings.
I suspect that many Bajans did exactly what I did.
Boiling point will be reached at some stage.
TheOGazerts

November 19, 2023 at 11:30 am

[She said they have had “some serious problems” with Reverend Bannister “for the past three years or so”.
Their grievances concern the decline in church life, the absence of ministries such as providing hampers to the needy and a previously active youth band.]

I chose a sid. I lost all respect for some of those involved. Some huffing and puffing about criminals but no concerns for the needy.
grant v walcot walcot

November 20, 2023 at 2:10 am

remove them from the Bench. The PM and Ag knows how to do that
grant v

November 20, 2023 at 2:27 am

Hahaa what a joke, mockery of the justice system. It must be more than heartbreaking for Patricia. Did she not have Kings Counsel Pilgrim on her side. Cant find Mr. Fields… Lets call him Ghost Fields. Its amazing that there is not a nationwide outcry on Brass or copper Tacts. Fields is laughting at a field of idiots
It is the same old song

November 21, 2023 at 2:38 pm

Meanwhile the gumb-beat continues on how to treat attorneys. Please see BT’s epaper with an article titled “Keep them out”. The gist

Excerpt from BT
“Disbarred attorneys must be prevented from offering legal services to
the public “under new guises”, says Chief Justice Sir Patterson
Cheltenham.
In his last address to the Bench And Bar in that role, he said legislation
must be strengthened to end this practice.
“Where persons are found guilty of misconduct, are disbarred, they
cannot be in a position to offer their skills to members of the public.”

Every yea, one of these guys run out with a new version of their old song. Change up the lyrics just a little, call the media and announce a brand new hits.
TheOGazerts

November 22, 2023 at 11:44 am

Can we recover from what ails us?
Why must folks wait, until they are ‘exiting the building’ wit their bags of loot over their shoulder, to point out that something is wrong with our system.

Their replacement occupies the vacated position and he/she says nothing or lack ideas until it is time to leave.
Hants

November 22, 2023 at 12:48 pm

effin de rumour I just hear is true, there is hope for us over 70s.
David

December 3, 2023 at 5:16 am

Backlog still a stain on judiciary

High Court judge Justice Carlisle Greaves posed a rhetorical but not too subtle question recently: “How long is too long for the organs of the state to grant an accused man his hearing?”

Justice Greaves, something of a conscience of the republic’s court system, didn’t wait for an answer.

“Sixteen years and no reasonable explanation has been given as to why this matter has been delayed so long . . . . The State has been absolutely responsible for that, and it has not given one answer.”

He is not alone in voicing this concern about how long it takes to bring a matter to some semblance of a satisfactory judicial conclusion.

A few days ago, the Organisation of Commonwealth Caribbean Bar Association urged the Barbados Bar Association, the judiciary and others involved in the dispensing of justice to link arms in a much-needed effort to reduce court delays.

“If legal redress or equitable relief to an injured party is not forthcoming in a timely fashion, it is effectively the same as having no remedy at all,” warned the regional body, adding that a backlog denies justice to complainants and flies in the face of the entrenched constitutional rights of those before the court.

Barbados’ backlog is said to be about 16 000 cases, which is far too high, and we all know that justice delayed is justice denied.

Some things are clear, others are not. The judiciary must by now recognise that the delivery process is overloaded and therefore in dire need of reduction. Even the Caribbean Court of Justice, Barbados’ highest court, has been complaining for years about the slow speed of dispensing justice.

Another is the magistracy, which needs more attention, administrative direction and greater use of resources to get the job done.

Third, the legal profession, with more than 1 000 active members and growing, has its own set of problems, ranging from tardiness and professional misconduct by some practitioners, to issues of effective self-regulation. With the Law Reform Commission set to put some self-regulatory reforms to the Bar Association to police the profession and avoid the comingling of client and lawyers’ accounts and the theft of clients’ funds, it may be on its way to remove a stain on the profession.

What’s unclear are the solutions to the problems. We are not without ideas. The addition of more magistrates and judges; faster disbarment of offending lawyers; the provision of administrative and clerical staffers to the courts and the presiding officers; alternatives to litigation; and accelerated dismissals of cases that were on the docket for years are but a handful of them.

What much of these factors and recommendations seemingly boils down to is improved administration of the court system; judges and magistrates being required to deliver judgments on time as the Constitution requires or face removal from the Bench; and strict enforcement of court decisions, especially monetary awards to long-suffering victims of fraud or malpractice or both.

An answered question, though, is the role of the prosecution in the backlog. The Office of the Director of Public Prosecutions should explain its side of the story of the inordinate delays in the delivery of justice and the years it often takes to give accused people their day in court.

That’s what Justice Greaves and the Organisation of Commonwealth Caribbean Bar Associations may have been alluding to in their analyses of the causes, effects and possible solutions to the backlog.

What we are not convinced about is the validity of the requests for more judges and magistrates for the courts. In other words, the case hasn’t been made effectively and with clarity for the Government and the treasury to throw money at the problem, hoping to get it solved. The judiciary was expanded a few years ago but the conundrum remains unsolved.

Source: Nation
David

December 3, 2023 at 5:32 am

Law Faculty vows to keep up good work

The Law Faculty at the University of the West Indies (UWI) is not resting on its laurels and will continue to push to produce excellent attorneys and legal minds.

Law lecturer Nicole Foster gave that assurance last week as she delivered a lecture at 3Ws Oval entitled the Cave Hill Law Faculty – A Legacy Of Excellence, Charting New Paths For The Future.

She, however, believes there are areas that they can improve on, including marketing all of their services, maintaining better relationships with their alumni and by improving their physical plant which was opened about 50 years ago.

“We had a very successful 50th anniversary celebration. It was so touching and persons were excited that the faculty reached out to them . . . therefore we definitely have to do better in terms of formalising those relationships in a way to make those contacts regular,” Foster said.

She noted that although they had made steps to enhance the faculty, including through murals and other touches, more could be done.

“We’ve begun in small ways to try to improve the general ambience and look of the faculty but we are really hamstrung in terms of dealing with a very old building.

“[However] one of the areas where we do need improvement is our physical plant. Those of you who were here in 1973, it’s the same building, so that I respectfully suggest that it’s time for a make-over, expansion and upgrade,” she added.

During her presentation, which was the final of the lecture series sponsored by the Nation Publishing Company Ltd, Foster highlighted that the faculty grew tremendously from when it first opened in the 1970s with 38 students. President, the Most Honourable Dame Sandra Mason and several Caribbean Court of Justice judges are among their alumni.

She also spoke about several of their units and special projects that have brought about positive change such as the Alternative Dispute Resolution Unit, the Environmental Law and Ocean Governance and Climate Justice unit (which will be officially launched soon), the Improved Access to Justice in the Caribbean (IMPACT Justice) project and UWI Rights Advocacy Project.

Foster explained that the project has been instrumental in critical human rights matters such as the decriminalising of cross-dressing in Guyana coming out of the McEwan v the Attorney General.

“This project was established in 2009 to promote human rights, equality, and justice in the Caribbean through human rights litigation through collaboration with human rights lawyers and organisations.

“These cases have furthered the advancement of legislative and policy reform in those countries and contributed to greater accommodation of the LGBTQ in public life and served as an example for the region.”

She added that they would strive to do their best to address critical issues in the region.

Marketing executive at the Nation Publishing Company, Romaine Lovell, said the company, which celebrated its 50th anniversary in November, was pleased to partner with the campus which celebrated 60 years in 2023.

“As our detractors scornfully dismissed our founders Harold Hoyte and Sir Fred Gollop as young inexperienced upstarts who would survive less than 50 days in the publishing business, last Thursday the Nation celebrated 50 years of delivering credible, accurate and reliable news.”

He congratulated the faculty and by extension the university on its work over the years.

“We are proud of the position we hold and similarly the position of UWI and we commend you for celebrating 60 years. You’ve built a legacy of excellence and have charted new paths for generations to come,” Lovell said.

(TG)

Source: Nation
TheOGazerts

December 3, 2023 at 7:16 am

Read the blurb on the promises of UWI. Would have love to see a promise directed towards teaching the students how to better interact with clients (monies) and teaching ethics.

You can produce more lawyers but if you are sending thieves into various communities, you should rethink your good work.

We are well past the time of fancy speeches and people patting themselves on the back. Corrective action is needed.
TheORealist

December 3, 2023 at 7:27 am

These same speeches will be given next year. It is part of an annual ritual.

Hear your cry; apply Vaseline, blow warm year up your ass, whisper sweet nothings in your ear and then have their way.

“See you here again, next year, you sweet sexy thing”.
Bush Tea

December 3, 2023 at 9:23 am

@ TheO
Boss, if our former friend and BU colleague Jeff C could nor fix – or even explain this dilemma, don’t expect lesser luminaries from the Cave on the Hill to do so…

As long as the dictator Sir Cave Hilary is in charge, functionaries on the hilltop will continue to sing the praises of ‘one of the greatest universities in the world’ … despite its nakedness…

… We must learn to ignore the ACTUAL results on the ground, like stolen client funds, broken judiciary, insults from the CCJ, and clearly crooked officers of the court.

Instead, we should accept that our ‘heroes’ are those who make the most personal gain from selling key national assets that were previously mutually owned, to foreigners – while being conferred honorary degrees, and having university assets named after them…

The only thing WORSE that being forced into slavery ‘vi et Armes’, is CHOOSING to place yourself into serfdom – VOLUNTARILY, in exchange for a few pieces of shiite silver…
David

May 3, 2024 at 5:52 am

New CJ to be named in two weeks

Barbados could have its first female Chief Justice as reliable sources have indicated that a woman is among the applicants in the running for the prestigious office.

In just about two weeks Barbados is expected to have the position filled, less than four years after the last Chief Justice was appointed.

Justice of Appeal Margaret Reifer, Justice Carlisle Greaves and King’s Counsel Leslie Haynes are listed among those seeking to step into the role, reliable sources have said. There were nine applicants.

Current Chief Justice Sir Patterson Cheltenham, 71, took up the post in November 2020 and retires on May 15.

Reifer graduated from the University of the West Indies 1980 with her law degree and worked in private practice appearing in association with the late prominent attorney Ezra Alleyne.

She was appointed a judge in 2005 and acted as Justice of Appeal at different points during her legal career. In December 2020 she fully ascended to the Court of Appeal in a career that has now spanned 44 years. At that time she noted the court system was having backlog challenges.

Greaves spent 21 years in the Bermuda Supreme Court before returning to Barbados in 2019. He was admitted to the Barbados Bar in 1988 and initially worked as a prosecutor before becoming a magistrate on the local bench.

He took up the position as magistrate in Bermuda in 1998 and first sat in the Family Court, spending 20 years at that level and as an acting senior magistrate before rising to becoming a judge there.

Upon retirement from the Bermuda bench in 2019 – for which he was praised for his expert handling of serious criminal matters and eliminating the backlog of criminal cases – Greaves returned to Barbados.

The outspoken Greaves upon his arrival, was appointed to the local bench with a similar task of eliminating the country’s stubborn backlog.

Candidate Haynes was admitted to the Bar in 1980 after receiving his legal education at the University of the West Indies and at the Hugh Wooding Law School in Trinidad. His area of practice are corporate law, insurance law and civil litigation, securities law and estate matters.

The former president of the Bar, as chairman of the National Insurance Board, presided over the transition of the state-owned National Insurance Scheme to the statutory body National Insurance and Social Security Service, coming out of the COVID-19 pandemic.

Haynes also chairs the Electoral & Boundaries Commission and presided over the uncharted COVID-19 affected General Election of 2022. In that scenario, hundreds of Barbadians isolated because of suspected contact with COVID-19 positive people and found themselves unable to vote because of the directives issued as a result of the Public Health Emergency.

Meanwhile, chairman of the Judicial Appointments Committee, Sir David Simmons, has recused himself from the process having applied to the Prime Minister Mia Amor Mottley to be excused from April 15 to May 17. The former chief justice and attorney general cited conflict of interest based on relationships in “the recent past involving certain of the applicants”. ( AC)

Source: Nation
David

May 12, 2024 at 5:40 am

BAR GETS NOD

After judicial review, misconduct proceedings can go ahead against 2 lawyers

By Maria Bradshaw

mariabradshaw@nationnews.com

This country’s Bar Association can now bring misconduct proceedings against two attorneys who were both convicted of misappropriating their clients’ funds.

In what is being described as unprecedented, the Bar Association took the Disciplinary Committee to court seeking a judicial review of its procedure as it related to the grant of leave to the Bar Association to file complaints of misconduct against the two convicted attorneys, Vonda Pile and Cheriane Parris.

The legal matter came about as a result of the Disciplinary Committee granting that leave, but then rescinding it on the basis that Pile and Parris had a right to be notified and should be afforded the right to be heard for grant of leave.

The Bar took objection to this, however, and not only filed for a judicial review of the procedure, but also asked the court to find whether the Disciplinary Committee had the power (functus officio) to pull back on its decision after grant of leave.

Written decision

The matter was heard before High Court Judge Shonna Griffith last November, with the written decision recently received.

While the judge found that the committee’s retraction of leave and its direction to hold a hearing with notice to the attorneys “was unreasonable”, she determined that there was “no express procedure governing the request for or grant of leave to a person required to obtain such leave under section 19 of the Act.”

Senior Counsel, Andrew Thornhill and attorney Akeem Rowe appeared on behalf of the Bar Association while Senior Counsel Tariq Khan, who is also a former president of the Bar, appeared on behalf of the Disciplinary Committee.

When contacted, chairman of the Disciplinary Committee, Rita Evans, told the Sunday Sun she could not comment on the matter before speaking to the committee members but she pointed out that given the ruling by the judge, “It means that the committee would now set the matters down to be heard.”

President of the Bar Association Kaye Williams, offered no comment.

However, attorney Rowe noted that the matter was not contentious.

“It wasn’t adversarial. It was merely procedural to regularise the procedure that is to be followed if certain actions are being brought. It was not that the Bar and the Disciplinary Committee were at odds.”

In 2022, the Bar applied to the committee in writing to file two separate applications, alleging misconduct against the two attorneys who had both been convicted for theft of clients’ money. The committee responded by letter notifying the Bar that leave had been granted and that they were to proceed with their application and a date of hearing was set.

However, the committee later informed the Bar that the grant of leave had been inadvertent – that it was not properly granted – and that it would instead set down a hearing for the issue of leave upon notice to the attorneys.

The Bar disagreed and applied for judicial review.

In seeking judicial review of that decision, the Bar Association argued that the committee was functus officio and could not revisit their grant of leave. It asked the court to quash the committee’s act of reversing their decision.

Grant of leave

The attorneys for the Bar submitted that the grant of leave was an administrative act, in respect of which there was neither a requirement for notice, nor need to give the attorneys an opportunity to be heard.

On the other hand the attorney for the Disciplinary Committee contended it was a requirement that the two attorneys involved ought to have been heard on the issue of leave.

In examining whether the committee was required to give notice to the attorneys and to afford them an opportunity to be heard on the grant of leave, the judge noted among other things: “Within the circumstances of this case, the Court is of the view that the requirement for the grant of leave by the committee under section 16 of the Act is to be regarded in the following manner: “There is no express procedure governing the request for or grant of leave to a person required to obtain such leave under section 19 of the Act. There is also no statutory right of appeal from the grant or refusal of such leave; The application referred to in section 19(4) of the Act as governed by and regulated by the rules made under section 20, is the application by which the complaint against an attorney-atlaw is made, and not the grant of leave by the Committee . . . “

The judge added: “Notwithstanding the above position which regards as a general rule that notice of an application for leave or an opportunity to be heard on the grant of leave are not required in relation to the attorney in respect of whom the complaint is intended, the Committee may in an appropriate case, give such notice or opportunity to be heard, if the circumstances so warrant. The failure to give notice or afford an opportunity to be heard to an attorney-at-law on the grant of leave however, is not regarded as fatal.”

Justice Griffith further ruled that “in both cases, the intended complainant under section 19(1) is the Bar Association, which holds a statutory mandate in relation to the regulation and discipline of attorneys”.

“The intended subjects of the complaint are attorneys-at-law both of whom have been convicted of criminal offences involving the misuse of clients’ monies.

“Both from the standpoint of the Bar Association’s requisite standing and a prima facie case to ground the complaint, there really is nothing arguable that can be contemplated against the grant of leave. The hearing of the complaint itself is unaffected by the grant of leave therefore it is in this context that the Court finds that the committee’s retraction is unreasonable.”

Source: Nation
David

September 17, 2024 at 4:50 am

Retrials ‘possible’

Chief Justice outlines options if outstanding judgments not given

CHIEF JUSTICE LESLIE HAYNES says several retired judges with judgments outstanding have vowed to complete them by year-end, as he bids to tackle the backlog in the justice system.

But if they fail to come through, he will have no choice but to notify the Attorney General that the cases would have to be retried at considerable cost to the State.

Haynes, who has been in office for only four months, was speaking during a special sitting of the Supreme Court yesterday morning to mark the start of the 2024-2025 judicial year.

This was after a church service at the Cathedral Church of St Michael And All Angels, St Michael’s Row, The City, that was followed by an inspection of a guard of honour in front of the Supreme Court Complex on Whitepark Road, St Michael.

Haynes said the backlog of undelivered judgments comprised three elements: 14 undelivered decisions by retired Justices of Appeal; decision pending from both retired High Court judges and those temporarily appointed; and “matters which somehow or the other have fallen off the court’s list apparently for no good reason”.

He has asked the Bar Association to continue to inform him of the latter so “I may remove them from the twilight zone and place them back into the river of case load management”.

The Chief Justice said he had been assured by current High Court judges that matters outstanding beyond six months were being worked on as a priority.

Another challenge

With eight judges sitting in the criminal courts and three additional Court of Appeal judges working “efficiently and effectively”, Haynes said more cases were being tried, but this created another challenge for agencies like the Probation Department.

“The Probation Department and its officers, whose role and reports are vital to the sentencing process of convicted persons, are now required to produce more sentencing reports within a shorter period of time. For this process to work, an increase in the number of judges alone is insufficient to reduce the bottlenecks in the entire criminal justice system.

“Without an increase in the number of probation officers, the bottlenecks will now be transferred to the sentencing process.

“Consequently, it does not come as a surprise that the time taken for a pre-sentencing report has now increased from approximately eight weeks to approximately 12 weeks,” he told the court comprising fellow judges, attorneys and the media.

The Chief Justice also touched on the “relatively recent explosion of serious crime” in Barbados, stressing that the rule of law must be maintained if the country was to prosper.

“I am certain that the majority of right-thinking people in this society will readily agree with me that whatever can be done must be done to ensure that the rule of law prevails, thus allowing us all to maximise our contribution to the nation. I need only refer to the relatively recent explosion of serious crime in our island and the events of the last few days.

“Unfortunately, the sound of gunshots is no longer an unusual experience and now appears to be part and parcel of everyday life,” he said.

“A society without the rule of law is one in which chaos and anarchy reign supreme.”

Saying he was concerned about the “day-to-day operation of public service vehicles”, the Chief Justice noted: “It is imperative that every action should be taken to maintain the rule of law and so disabuse the minds of those who believe that criminality in its various guises pays.

“The justice system, and in particular the criminal justice system, has to adapt and be modified so as to eradicate all weaknesses in its system. Immediately coming to my mind is the tardy enforcement of orders, whether by fine or imprisonment.”

He also spoke of plans to move from an “outdated paper-based system to a modern digital age in which technology drives efficiencies. The judiciary has to embrace this strategy, in order to better manage and increase its efficiencies”.

With the Court of Appeal now having six Justices of Appeal, he called for another to be appointed so there could be two panels sitting simultaneously to further expedite matters.

Source: Nation
David

October 18, 2024 at 4:31 am

PM calls for facelift of legal system

Prime Minister Mia Amor Mottley is concerned about the current disciplinary procedures for attorneys within the Barbados Bar Association and has called for immediate modernisation of the system.

Speaking at the Christ Church Parish Speaks held at the Christ Church Foundation School on Wednesday evening, Mottley highlighted the need for a more efficient process to address complaints from Barbadians who feel mistreated or disadvantaged by legal professionals.

“I am deeply disturbed because I have also said that the rules governing disciplinary actions against lawyers need to be modernised,” Mottley stated. She revealed that a framework for these reforms was set during her tenure as Attorney General, but noted the process had stalled.

Mottley’s remarks echoed sentiments of frustration shared by one woman who raised the issue at the town hall meeting. The Prime Minister expressed empathy with Barbadians who believe the current system had failed them.

“I am fully, fully empathetic to the point that people may say that I am being unfair. But I feel strongly that the disciplinary process with the Bar Association needs modernisation . . . it is now up to the Bar and the lawyers and the Attorney General for us to find a way forward because I’m tired of hearing stories from people who feel they have been totally disadvantaged or prejudiced.”

Attorney General Dale Marshall supported Mottley’s concerns, acknowledging that while most attorneys upheld their duties, there were some who tarnished the profession.

“I think that, as with most things, a few bad apples spoil the barrel,” he said. Reflecting on his decades in the legal profession, Marshall added, “I have been a member of the legal profession, like the Prime Minister, for almost 35 to 36 years. There are and there will continue to be, one or two lawyers who create problems.”

Marshall pointed out that recent complaints often involved attorneys who take on cases they were ill-prepared to handle, leading to delays and dissatisfaction.

“If you can’t handle the case, give it to somebody else,” he advised, comparing it to contractors who accepted projects beyond their abilities. “There are contractors who know they can’t build a hotel, but they take it just to see if they can make some money off of it,” he remarked.

The Attorney General also noted that Government was committed to holding professionals accountable across sectors. “The Bar Association does not condone misconduct on the part of law. Government will never condone misconduct on the part of any professional, whether it is lawyers or accountants, whether it is doctors or carpenters.” He outlined plans to amend the Legal Profession Act, stating: “We are amending the

Legal Profession Act

to tighten up the rules and to make lawyers more accountable to their clients.”

Marshall reassured the public that change was forthcoming. “I was informed by the president of the Bar Association that they have the amendments and that they expect to complete the review before the end of this month. I expect that before the end of the year, we will have mostly new legislation dealing with the discipline of attorneys. So that where they carry away a client’s money, where they are not working properly, we can effectively disbar them.”

Addressing concerns about delayed legal services, Marshall said “there is any defence for that”. However, he acknowledged that each case was unique.

“Very often, there’s the issue of availability of documents . . . . Clients will say, I want this done and the lawyer is very happy to do it, but sometimes the essential ingredients are not there,” he explained.

Marshall also stressed the importance of maintaining trust in the legal profession. (CLM)

Source: Nation
David

October 18, 2024 at 4:41 am

It has taken a long time for a revamp of the Legal Profession Act to gain traction. Going back to 2016 the then Chair of the Disciplinary Committee explained in a communication to BU that the hands of her committee at the time hands were tied until relevant legislation was enacted. It is ironic how long some laws take to materialise in little Barbados.

https://barbadosunderground.net/2016/03/16/understanding-the-challenges-faced-by-the-disciplinary-committee-of-the-barbados-bar-association/comment-page-1/?amp=1
David

October 18, 2024 at 7:52 am

Top court slams slow legal system

written by Emmanuel Joseph
Updated by Barbados Today 18/10/2024

https://barbadostoday.bb/wp-content/uploads/2024/10/Maureen-Rajnauth-Lee-CCJ-scaled-e1729239199247.jpg
CCJ judge, Madame Justice Rajnauth-Lee. (FP)
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Barbados’ highest court has called for the creation of a modern parole board to reform the criminal justice system while condemning persistent delays in the courts.

Caribbean Court of Justice (CCJ) judge, Madame Justice Rajnauth-Lee made the recommendation on Thursday as the court rejected a convicted killer’s manslaughter sentence appeal.

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In delivering the judgment in the case of Shawn Weekes, who appealed his conviction and sentence for the 2000 killing of Leo Callender, Justice Rajnauth-Lee highlighted the continued inefficiencies in the system.

“The court lamented the fact that the criminal justice system in Barbados continues to be plagued by inordinate delay. The court… looked forward to a brighter day when delay will be substantially reduced, if not eradicated, in Barbados,” she said.

The CCJ also emphasised the importance of establishing a modern parole board to review prisoner eligibility for release in life sentence cases.

“The court noted the desirability of establishing a modern parole board to review the eligibility of prisoners to be released on parole in circumstances where the accused is sentenced to life imprisonment with a minimum period of incarceration to be served,” the judge said.

Justice Rajnauth-Lee expressed hope that the legislature would enact the necessary reforms to create a functional parole system, ensuring more effective and fair criminal justice processes.

The case involved Weekes, who was convicted of Callender’s murder two decades after the crime and sentenced to life imprisonment. In 2021, the High Court ordered him to serve a minimum term of 28 years, with nine years deducted for time already served, leaving 19 years before he could be eligible for release.

Weekes appealed his conviction and sentence, and in a ruling by the Court of Appeal, his murder conviction was reduced to manslaughter, based on a legal error in the trial judge’s instructions regarding provocation. His sentence was adjusted to nine years imprisonment starting in May 2021. Following this, Weekes was granted special leave in December 2023 to appeal on six grounds.

The grounds for his appeal included claims that the Court of Appeal made legal errors in its judgement, particularly regarding circumstantial evidence, the impact of delays in his case, and sentencing decisions. Weekes’ defence argued that a detailed direction on circumstantial evidence was necessary and that the lengthy delay in his case caused prejudice.

But Justice Rajnauth-Lee, citing a Privy Council ruling, rejected the arguments, stating that the delay of over six years between Weekes’ arrest and trial did not prejudice his case.

“The court thus held that the approaches of the Court of Appeal and trial judge could not be faulted,” she said.

The CCJ judge also dismissed concerns about the impact of the delay on Weekes’ ability to call witnesses, as his defence counsel had not presented evidence of any particular prejudice to the trial judge.

“Defence counsel never conveyed to the trial judge that the appellant had suffered any particular prejudice,” she added.

The court also upheld the trial judge’s directions on circumstantial evidence and ruled that the decision to substitute the murder conviction with manslaughter was appropriate. Regarding sentencing, Justice Rajnauth-Lee stated that the Court of Appeal’s sentence was not manifestly excessive and that no wrong principles of law were applied in the case.

The court’s judgment also noted that concerns raised by Weekes’ defence about the trial judge’s focus on the prevalence of gun violence during sentencing were irrelevant, as the Court of Appeal had not factored gun crime into its determination of the sentence.

Weekes was represented by Andrew Pilgrim SC and Martie Garnes, while the State was represented by Principal State Counsel Neville Watson and Romario Straker, acting Senior State Counsel.

emmanueljoseph@barbadostoday.bb

Source: BT
David

October 26, 2024 at 8:06 am

BAR aims to ease court backlog

The Barbados Bar Association (BBA) is ramping up efforts to assist the government in reducing the backlog of criminal cases clogging the judicial system. The initiative follows the latest in an ongoing barrage of criticism by the Caribbean Court of Justice (CCJ) over ongoing court delays.
The Bar on Friday highlighted the recently-held inaugural Criminal Law Seminar at the Wyndham Grand Barbados Sam Lord’s Castle Resort, supported by the US-UK Criminal Justice Reform Project, as one of the strategies being used to equip younger attorneys to handle more complex cases.
The partnership is aimed at advancing the transformation of the criminal justice system.
Convenor of the Bar’s Criminal Law Committee, Martie Garnes, noted that given the limited number of attorneys practising criminal law, the association is committed to training and mentoring more junior lawyers to take on serious cases that would typically be adjourned when senior counsel are unavailable.
Garnes explained that the adjournment of cases tends to delay their completion, thereby adding to the backlog.
“The reality is, we are training more attorneys to get into criminal law, and once you have more attorneys in that area… it is basically going to come from a mentorship programme where you have the more senior attorneys bringing through the younger attorneys,” he told Barbados TODAY on Friday.
“It is not going to have an immediate impact…. It is almost like an investment. We are trying to invest in the future of the Bar, so that, at least within six months to a year, we will start to see younger attorneys doing the more major offences such as assault, possession of ammunition, possession of firearms— those types of offences.”
Garnes added that all the senior counsel participated substantially in the recent seminar and have committed to helping younger attorneys, passing along the knowledge they have gained.
Garnes said the aim is not only to build quantity but quality lawyers who can render representation similar to that of their seniors, giving clients the confidence they deserve.
The intensive training seminar brought together just over 100 delegates, including judges of the Court of Appeal and High Court of Barbados, senior and junior attorneys from the Bar and the Office of the Director of Public Prosecutions, police prosecutors from the Barbados Police Service, and recent law graduates.
(EJ)

Source: BT
David

November 10, 2024 at 6:10 am

Bar takes further court action

By Maria Bradshaw mariabradshaw@nationnews.com

For the second time in 12 months, the Barbados Bar Association (BBA) has taken its Disciplinary Committee to court as it seeks to fulfil disbarment proceedings against an attorney.

The Sunday Sun obtained documentation showing that on November 1, the BBA filed for a judicial review complaining that the Disciplinary Committee, which is charged with upholding the standards of professional conduct among attorneys, had failed to forward a written report of its oral decision made several months ago in the High Court, where it ruled that a case of professional misconduct was made out against attorney Vonda Minerva Pile.

Last November the Bar filed its first judicial review against the Disciplinary Committee in what legal pundits called an unprecedented move. At that time, it was seeking a judicial review of the committee’s procedure as it related to the grant of leave to the BBA, to file complaints of misconduct against two convicted attorneys, Pile and Cherriane Parris.

In this second instance, the BBA has informed the court in its pleadings that attempts to solicit a written report from the committee and have it forwarded to the Chief Justice, as is required by law and within the required time frame, have not been successful.

In its filing, the BBA noted that on May 28, the Disciplinary Committee delivered its oral decision in Complaint No. 48 of 2022, in the matter of Pile, and in the matter of the Legal Profession Act, ruling that a case of professional misconduct was made out against her.

“The respondent (Disciplinary Committee) then advised that a report will be forwarded to the Chief Justice as required by Section 21(1) of the said Legal Profession Act.

Section 21(1) of the said

Legal Profession Act

provides as follows: Where the committee decides after hearing an application under this part that a case of professional misconduct has been made out against an attorney, the committee shall within 21 days of its decision forward to the Chief Justice a report signed by the chairman of its findings, with the reasons for its decision and with any recommendation in relation thereto, as it thinks just, in accordance with Subsection (2).”

No letter

The BBA added: “The respondent further promised that its written decision will be delivered to the parties within seven days thereof. Given the effluxion of time, and having seen neither the promised written decision nor a copy of the said report, the applicant (BBA), by letter bearing date the 18th day of June 2024, wrote to the respondent inquiring whether the said report will be forwarded within the time limited for so doing.

“Having received no response to the June letter, the applicant, by letter bearing date the 5th day of July 2024, wrote to the respondent advising that if its said report is not forwarded to the Chief Justice within seven days, the applicant shall straight away apply to the High Court for such relief and/or remedy as the applicant may deem advisable.”

The BBA charged that it received no response to the July letter.

“Having received no response to the July letter, and ex abundanti cautela (out of an abundance of caution), the applicant, by letter bearing date the 28th day of October, 2024, wrote to the deputy registrar of the Court of Appeal inquiring whether the respondent had forwarded the said report to the Chief Justice and by letter bearing date the 30th day of October, 2024, the said deputy registrar advised the applicant that the Chief Justice instructed that he has not received any report or correspondence from the respondent or at all.”

Relief sought

The BBA further wrote: “This claim is brought in respect of the failure and/or refusal of the respondent to forward to the Chief Justice a report of its findings subsequent to the hearing of Complaint No. 48 of 2022, in the manner required by Section 21(1) of the Legal Profession Act

. . . . The relief sought is: (1) A declaration that the failure and/or refusal of the respondent to forward to the Chief Justice a report of its findings subsequent to the hearing of [the] complaint . . . constitutes an omission to perform a public duty. (2) An order directing that the respondent do forthwith forward to the Chief Justice a report of its said findings in the manner required by Section 21(1) of the Legal Profession Act.”

When contacted, BBA president Kaye Williams declined to comment, stating that the matter was before the court.

On June 5, 2019, Pile was found guilty, by a 7-2 majority verdict, of stealing $191 416.39 (US$96 008.22) from former client Anstey King between April 29, 2009, and October 26, 2010. She was sentenced to three years in prison and was released last year after serving that sentence.

Source: Nation
NorthernObserver

November 10, 2024 at 7:41 am

“that attempts to solicit a written report from the committee and have it forwarded to the Chief Justice, as is required by law and within the required time frame, have not been successful.”
Is this any different from requiring the Board of many public entities to submit an Annual Report by a date? That too is required by law and has been flaunted/blatantly ignored for decades in some cases.
Bout here dem is laws which apply, and then they are laws which do not apply. In either case, those in charge cannot comment, because the matter is before the courts. You en even going to hear when it is after the courts.
David

November 10, 2024 at 8:07 am

@ NO

You zoomed in on the part of the article that caught the interest of the blogmaster that evoked a ^smh.
Bush Tea

November 10, 2024 at 8:41 am

Boss, NO…
How would you define a Failed State ….if not one in which the rule of Law has completely broken down, and the ONLY ‘rules’ that matter, are those that the Empress choose to express from time to time, depending on how she feels…?
(…and even THESE are subject to change – like the ‘promises’ of the NIS reports and of investigations into HOPE and STEAL houses)

The Biggest joke around is that Barbados is being run largely by a bunch of lawyers who are KNOWN to be incompetent to manage THEIR OWN PROFESSION, but who we CHOOSE to manage national affairs….
Plus, we ALL know that they routinely steal THEIR OWN CLIENT’s money….
Ha ha ha ha

No wonder we EXPECT every shiite to fail, and our moneys to disappear, and our systems to fall into chaos…

A man CANNOT drive his own shiite car, …so we hire him to drive OUR school bus….
MURDA!!!!
What brassbowlery!
What a place!
David

January 5, 2025 at 5:02 am

The blogmaster will pass on the book but confession is good some say.

Rising from ground zero

By Gercine Carter

Once a prominent attorney in Barbados, Michael Simmons suffered a devastating fall from grace and left Barbados in 1993 under a cloud of controversy, allegedly leaving behind “millions of dollars in debt” and a legal career in tatters.

He sought refuge in the United States where he has been residing for more than 30 years, during which time he worked on rebuilding his life.

Now age 91, he managed to rise from the ashes and has chronicled his life experiences and has also bared his soul on his ordeal, in a 326-page book entitled The Life Of Mike Simmons,

An Ordinary Bajan Boy.

It is an exposé on the many facets of his life, with the highs and lows, and a history of Barbados through which he defied racism in a process which he described in the book’s introduction as trying “to excavate the history of a period that encapsulates the living conditions of the era in which I was born and raised”.

He wrote: “I invite you to join me as I recount tales of struggle through my early life as an ordinary black Bajan boy, poor, underprivileged and deprived, to my achievement of scholastic success, athletic prowess, professional accomplishment, business, sports and corporate achievement . . . all to be followed by political oppression, temporary failure and downfall; some self-inflicted, some externally imposed, some voluntary, some involuntary and for some of which I take full responsibility and in respect of which I express sincere remorse to all whom I might have caused hurt while I was in freefall.”

At 87, Simmons undertook the “monumental challenge of chronicling my life story”, which has just been published, and giving the reason behind the venture, he said: “At the age of 91, there are not many people living who could relate to the period of life which I’m referring to in Barbados.” The book’s narrative dwells primarily on living conditions and general social and political developments in Barbados during the mid-20th century, as he explained: “Then there was only four per cent white in this country, but Blacks were under total control of four per cent of the population and there was a harsh relationship between us as a population – between black and white. It was a plantocracy. The Whites controlled everything.”

One of four children, he was born in Derricks, St James, to working-class parents Eustace and Geraldine Simmons. His family’s chattel house, like so many others throughout Barbados, had no indoor plumbing and families made use of the “outhouse” in the backyard, fetched water from the “stand pipe”, and raised sheep, cows, pigs and chickens in the backyard to supplement food and income.

Joined police force

Simmons noted the hardships going back to his parents’ time. “Our dad, with only an elementary school education, entered the workforce as a teenager, employed by a middle-class black building contractor at 25 cents per day . . . but when at age 20 or so, he gained entry into the police force, he began a programme of self-teaching . . . the progress of which brought him rapid promotions up the ranks of the force and on the outbreak of the Second World War in 1939, on the recommendations of the British expatriate Commissioner of Police in Barbados, he was appointed deputy to Colonel Paton the head of the Barbados branch of the British War and Colonial Office.” Eustace Simmons passed on the lessons of developing himself to his children, motivating them to follow suit in order to achieve similar upward mobility. He showers praise on his father for motivating him and engineering his entry into Harrison College, then an elite institution with a mainly white student roll. “The struggle was great,” he said. “My father wanted to send all three of us (him and his brothers Keith, an attorney and former Government minister, and Erskine, a doctor) there [but he] could not raise $85 a term,” for all three boys to go to Harrison College. Instead, Erskine and Keith went to Combermere

Continued on next page.

Simmons suffered a devastating fall from grace and left Barbados in 1993 under a cloud of controversy, allegedly leaving behind ‘millions of dollars in debt’ and a legal career in tatters

Despite hardship, he excelled in the classics while their sister Letitia went to Alexandra School.

Simmons recalled his parents’ struggle in his first year at Harrison College when they could not afford the daily bus fare to and from school.

“As a result, I joined many other boys who travelled to school by a second-hand bike . . . but unlike most boys who resided in close proximity to the school and rode their bikes over a distance of two or three miles, my ride was six miles each to and from school and, on most occasions, after playing football or cricket, I reached home after 7 p.m.”

Michael excelled at Harrison College where he studied the classics and was elevated to head prefect and deputy head boy, selected from a very impressive field of Harrisonians. He also carved out a niche in sport as Division 1 athletic champion, and captain of the First Division cricket and soccer teams.

Going to school in Bridgetown, he was even more sensitised to racism of the day, as he often observed the employment trend in Bridgetown businesses as he walked around the city.

“I realised there was hardly anybody black working in the stores on Broad Street and I saw white people as tellers in the banks . . . the banks used to take black boys and put them upstairs because the ground floor was the face of the bank.”

Racist boundaries

As a black boy at Harrison College, he aspired to transcend the boundaries of racism and in 1953 made his first step into the legal field, beginning to serve his Articles of Clerkship towards becoming a solicitor, under Bridgetown solicitor E. D. Rogers.

When the solicitor’s and the lawyer’s professions were later merged by amendment to Barbados’ Legal Profession Act in 1973 and solicitors could write a legal examination and gain subsequent certification through successful examination by the Law Society of England, in order to practise in the law courts, Simmons registered as an external student with the British Law School Gibson and Weldon. He earned his Intermediate Examination Certificate from the Law Society of England on July 12, 1956.

There was excitement among his former Harrison College peers when he became the first black man to join the prestigious white law firm of Cottle Catford & Co., the largest and oldest of the three white law firms in Barbados at that time, as a partner.

He went on to build a high-profile practice and during that time carved out other niches, excelling as a sports administrator serving on several national and international sports organisations.

Lost his way

It was in the glare of this spotlight as a sporting figure of note and as a prominent member of the legal profession that misfortune befell Simmons which caused him to eventually leave Barbados for the United States.

He wrote in the book’s Introduction: “Amidst it all, I lost my way in my effort to save the life of my beloved son Hugh Michael, brilliant, expressive, gregarious and honour student at three US universities . . . but who fell victim to years of drug addiction, which ruined his life and, but for the grace of Almighty God, almost ruined mine as well. In search of expiation as well as my own rehabilitation and renewal, I emigrated to the US in 1993 where I was rescued by divine providence from poverty and the jaws of imminent death, when three US physicians diagnosed that I was suffering from the insidious disease of colon cancer.”

He shared how he was “buttressed by the undying love and support of my beloved wife Belkis (Briceno)” and was “uplifted by prayer, atonement and redemption”.

At age 71, Simmons started to rebuild his life away from Barbados, changing career direction and eventually founding his own US corporation “Mike Golf Inc. and Mike Simmons Golf School” which he indicated has been a successful venture, “despite my awareness of the nightmare of insecurity in the marketplace that confronts every black entrepreneur in the United States of America and especially in Florida.

“I forged ahead . . . my school assumed a trajectory that belied all expectation . . . and now has a near five-star rating” as well as a ranking of “first among the ten best golf instructors and golf schools in Miami”, he said, speaking to this newspaper when he and his wife visited Barbados over the Christmas season.

Simmons held fast to his father’s advice given when he was a boy, to get up, dust himself off and start again, after any downfall.

Source: Nation
David

February 23, 2025 at 6:55 am

Bar: Issues need urgent attention

The Barbados Bar Association (BBA) says the recent case involving a lawyer’s successful lawsuit against the State for malicious prosecution by the police “underscores several critical issues that demand urgent attention”.

President Kaye Williams, in a statement to the Sunday Sun, said that among other things, the case revealed an “abuse of power” by the police and called for an investigation into the conduct of the two officers involved in the matter which occurred over 13 years ago.

“The Barbados Bar Association unequivocally stands in full support of attorney Lani Daisley who has been vindicated and awarded $373 904 in damages and costs against the state in the High Court of Barbados.

Ms Daisley endured a malicious prosecution stemming from what has been determined to be an egregious abuse of power by state actors,” Williams said.

In giving a background to the matter, she stated: “This ordeal began in 2012 when Ms Daisley, while lawfully attempting to represent her client, was physically assaulted, placed in a headlock and forcibly dragged down a flight of stairs, effectively removing her from the premises.

Following this appalling act, the evidence before the court found that two police officers conspired and created baseless charges against her, alleging that she resisted arrest, assaulted police officers and trespassed on the premises. The court found that the two police officers went as far as to fabricate evidence and witness testimony against Ms Daisley. These charges have since been proven by the court as unfounded and she has been fully exonerated.”

Critical issues

Williams said the case underscored several critical issues that demand urgent attention, She listed them as:

• Abuse of power: the grave misuse of authority by the Barbados Police Service. “Public trust in the justice system is of paramount importance and such an incident only serves to undermine that trust.”

• Challenges attorneys face: “For years, attorneys have complained of threats and obstacles encountered while fulfilling their professional duties.”

•

Accountability and procedural fairness: “The incident raises significant questions about the accountability mechanisms in place for law enforcement and the adherence to principles of procedural fairness within our justice system. Two police officers have intentionally perjured themselves in a court of law to actively pervert the course of justice.”

•

Delays in the court system: “The events described occurred as long ago as 2012. It is unconscionable that it has taken a full 12 years to have the case disposed of.”

She stressed that the Barbados Bar Association was deeply committed to protecting the rule of law and uphold the safety and security of Barbadian citizens.

“At the same time, the BBA equally stands in defending the independence of the legal profession and ensuring that all individuals, including attorneys, are treated with dignity and fairness under the law.

Such incidents not only violate the rights of individual attorneys but also threaten the integrity of the justice system as a whole.”

Thorough probe

Williams added: “The BBA calls on the relevant authorities to thoroughly investigate this matter, specifically, the conduct of the two police officers. It is an opportunity to implement meaningful reforms to prevent any recurrence of such a miscarriage and perversion of justice. The Barbados Bar Association will continue to advocate for justice, accountability and the protection of the fundamental rights of all citizens.”

While further acknowledging that Daisley’s vindication was a victory for justice, she said: “But it is also a stark reminder of the work that remains to ensure that those tasked with upholding the law do so with fairness, integrity and respect for the rights of all.” (MB)

Source: Nation
David

April 18, 2025 at 4:11 am

CJ’s way to fix backlog

Haynes calls for more resources and better facilities

CHIEF JUSTICE LESLIE HAYNES says better facilities and accurate data are required if the magistrates’ courts are to clear the backlog of cases.

He maintains that in order to address the case pile-up, magistrates and legal assistants will need more resources.

“In order to clear a backlog, you must first have capacity to go forward. Once you have capacity and you are dealing with the present and the future in such a way that there is no backlog created, you then have an opportunity to investigate the backlog and deal with it. But if we go to deal with a backlog without creating capacity going forward, we will always be in a backlog,” Haynes told the DAILY NATION at this week’s official launch of the Judicial Information Management System (JIMS) at the District ‘D’ Magistrates’ Court in Cane Garden, St Thomas.

He noted that several magistrates had only one legal assistant and their limitations were often brought to light if that assistant was unavailable.

“There is a certain feeling that magistrates should work eight hours a day – that is, to be on the Bench eight hours a day – but in order to work eight hours a day, there must be facilities and resources available to be able to work eight hours a day.

“What we do know is that magistrates can’t work eight hours a day because they do not have the technological assistance to help them work eight hours a day,” the Chief Justice said.

He added that while some justice systems across the region have tried increasing the number of judges as a way to address the issue, the problems will remain without an additional push for data-driven methods and analysis of the judicial process.

“The road to fixing everything begins with statistics and processes, and analysing whether which step in the process creates a backlog or not. If the whole system is inefficient, you can get a hundred judges but the bottleneck will still be there. You can create a hundred judges and the cases will never reach them. So, the road to that begins with getting that data,” Haynes added.

JIMS, set to be put in practice from April 25, is expected to increase the effectiveness and efficiency of magistrates and court staff, improving the management of cases and monitoring them in real time.

While he is optimistic about the new system, the Chief Justice cautioned that it would take some time to be effective.

(JRN)

Source: Nation
David

June 1, 2025 at 5:37 am

Up to CJ’s discretion

By Maria Bradshaw

mariabradshaw@nationnews.com

The determination to institute removal proceedings against a judge for failing to deliver a decision for more than six months is strictly up to the discretion of the Chief Justice.

That was the ruling of High Court Judge, Justice Patrick Wells last Thursday, when the court dealt for the first time with an application for judicial review concerning the “omission, refusal or failure” of Chief Justice Sir Patterson Cheltenham, (now retired), to take the necessary procedural steps in Section 84 of The Constitution, which deals with the removal of judges, in response to complaints about the delay of several years by Justice Randall Worrell (now retired), to deliver a decision in an interlocutory application.

Back in 2019, The Constitution was amended to include that: A judge may be removed for misbehaviour; or for delay of more than six months in delivering judgements.

“The discretion that the court identifies in subsection 84(5) of The Constitution is a very critical one for the Honourable Chief Justice, as the ultimate act of removing a judge from office under The Constitution is a momentously grave and weighty matter that should not be triggered for every potential infraction. This is because, as I understand it, in effect, it amounts to a nuclear option that should be sparingly deployed, in order not to destabilise, undermine and fetter the judiciary, a branch of the constitutional governance structure of Caribbean democratic societies,” Justice Wells noted.

In terms of the allocated six months, he stated: “This six-month performance standard set by Parliament is relevant to the issue of unconstitutional delay, as it benchmarks the time lapse that the executive and legislature in Barbados deemed appropriate and prima facie reasonable for the delivery of judgements, and presumptively also essential for good governance . . .”.

Justice Wells delivered the ruling in an application for judicial review in a matter where claimant, Kymmia Mottley, contended that Section 11 of The Constitution was contravened by the Chief Justice by not complying with the requirements and provisions of Section 84 of The Constitution. She sought damages.

The matter arose as a result of four letters which her attorney, Lani Daisley, wrote to the Chief Justice complaining about the more than ten years that had passed without Justice Randall Worrell delivering an interlocutory decision, in a lawsuit brought by Mottley against the Attorney General and other parties.

Pointing out that there were no responses from the Chief Justice to any of the letters, Justice Wells noted: “And thus, the applicant contends that the conduct of the Honourable Chief Justice, relative to Section 84 of The Constitution, in “failing” or “refusing” to act, was “arbitrary”, “unfair”, “unreasonable”, “unlawful”, and unconstitutional.”

He explained that Daisley and attorney Gregory Nicholls, who also appeared before him for the applicant, had argued that the Chief Justice failed to demonstrate that he took the necessary procedural steps under Section 84 of The Constitution when presented with a complaint.

Justice Wells stated: “The court was therefore invited to draw the “reasonable inference” that the Honourable Chief Justice failed or refused to act on or to consider the complaint raised on the applicant’s behalf and to that extent, was acting in breach of the duties and functions of his office as prescribed by The Constitution.

“It does not appear that there was ever a substantive formal letter in reply from the Honourable Chief Justice. What is also clear from the evidence, is that at least up to 22 March 2024, the Honourable Chief Justice had not “consulted” with the Honourable Prime Minister. This was stated in a letter to counsel from the Honourable Prime Minister Mia Amor Mottley. In that letter, the Honourable Prime Minister, inter alia, recorded – “ . . . the Chief Justice has not consulted with me on the question of removal of any judges from office”.

Justice Wells submitted that the Chief Justice was not bound to act on the complaint.

“For greater certainty, the Chief Justice was not bound or required to consult with the Honourable Prime Minister, nor to advise Her Excellency, the Most Honourable President, unless he chose to. As the applicant has stated in her claim, the Chief Justice failed or refused to act. From the evidence known to the court, this is indeed absolutely correct.”

He added: “The problem for the applicant, however, is that whether the Honourable Chief Justice consults and advises, or not, is a matter entirely for the discretion of the Chief Justice,” as he explained that: “ In applying the above to Section 84(5) of The Constitution, and to the facts of the case at bar, the court concludes that relative to the role of the Chief Justice as the initiator – The President, under subsection 84(5)(a), cannot appoint a Tribunal “unless” the Chief Justice consults the Prime Minister and advises the President that the question of removing a judge from office for delay ought to be investigated.”

Justice Wells further submitted that in order for the applicant to succeed, she would have had to claim and then prove that on evidence laid before the court, the Honourable Chief Justice exercised the discretion that the court has identified that he has, illegally, irrationally, unreasonably, or improperly.

But he stated: “No such claim has been made, so the court need not take that any further. The claim is that he failed and or refused to follow “the procedure” in subsection 84(5), which in my view, based on my analysis above, he was perfectly entitled to do.”

“The court finds as a fact and as a matter of law that the former Honourable Chief Justice did not fail to exercise any power or duty conferred or imposed by The Constitution, as he had a discretion.

Source: Nation
David

June 1, 2025 at 5:39 am

GOVT TO PAY

Two claimants awarded sums totalling $240 000 against AG’s Office

By Maria Bradshaw mariabradshaw@nationnews.com

The Attorney General’s Office has to fork out $240 000 to two claimants who complained that their constitutional rights were breached by a judge who took an inordinate length of time to deal with their cases.

Last week, Justice Patrick Wells awarded Kymmia Mottley and Onekia Nedd-Hackett damages in the amount of $140 000 and $100 000, respectively, for the breach.

In the two separate cases, the women sought redress for contravention of fundamental rights and freedoms guaranteed under Sections 11, 18, and 24 of The Constitution.

Attorneys Gregory Nicholls, Lani Daisley and Olius David appeared for Mottley, while attorney Jared Richards appeared for the Attorney General.

Nedd-Hackett was represented by Larry Smith KC and attorney Brent Chandler, while Deputy Solicitor General Marsha Lougheed appeared for the Attorney General.

In Mottley’s case, the evidence revealed that she sustained a fractured left femur in March 2008, when she was six years old, while walking at the River Road van stand with her mother. The cause of the injury was the uneven gravel on the surface of the van stand, which caused Mottley to lose her footing, slip and fall.

In 2013, she sued the Attorney General, the Barbados Industrial Development Corporation (BIDC) and Capital Signal.

In 2014, the Attorney General filed an interlocutory application to be struck from the claim. That application was heard on November, 13, 2017 and Justice Randall Worrell (now retired) reserved his decision. Up to April 30, 2024, three days before filing the case at bar, about seven and a half years later, a decision had not been rendereddespite attorneys writing several times to the Registrar as well as the Chief Justice.

Justice Wells stated: “The court has absolutely no difficulty in finding and declaring that the inordinate delay of the Honourable Judge in delivering a decision on the interlocutory application he adjudicated was a breach of the applicant’s/claimant’s constitutional rights to the protection of the law and to a fair hearing within a reasonable time.

“When one considers that members of society come to the court for a timely resolution of their disputes, it seems to me that there must be some compulsion on the part of judicial officers to do the best they can to ensure that that occurs. A vital part of that timeliness is the giving of decisions, whether on interlocutory applications or in final judgment, such that the parties can be clear as to the resolution that the court has determined in the dispute that they have brought to the court for a resolution.

“When the court fails the citizen in a very extreme way, as occurred here, there has to be accountability in a sufficiently meaningful way.”

He added: “As judicial officers . . . it makes it more compelling for us to act in ways that are consistent with the upholding of constitutional values such as those informing the application herein.”

Justice Wells stated: “From the facts presented to the court, there is no other conclusion that the court could possibly come to, than that the failure of the Honourable Judge to render a timely decision, led to a deprivation of Ms Mottley’s constitutional rights as claimed.”

Likewise in relation to Nedd-Hackett who brought an action in 2013 against Anderson Doughlin for a breach of contract as a result of his sale to her of an alleged faulty motor car, she was awarded a default judgement in 2014 after Doughlin failed to respond, following which Doughlin filed a notice of application to set aside the default judgement.

Submissions were heard in 2015 and Justice Worrell reserved his decision. Up to the point when the claimant filed this action in April 2022 seeking constitutional redress, the judgement had been outstanding for a period of nearly seven years despite attorneys writing several times to the Registrar to enquire about the status of the matter.

Last week, Justice Wells also awarded $280 000 to Micah Laron Chase who filed for breach of his constitutional rights after having a murder case hanging over his head for ten years.

Copyright (c) 2025 Nation Publishing Co. Limited, Edition 6/1/2025Powered by TECNAVIA

Source: Nation
David

June 3, 2025 at 5:01 am

AG: We will deal with cases

Marshall responds to suits against State over delays

by MARIA BRADSHAW mariabradshaw@nationnews.com

ATTORNEY GENERAL DALE MARSHALL says his office will address legal challenges as they arise in cases where people are suing the State for the long time it has taken for their matters to be heard or decisions given.

His comments come amidst reports that there are more than 25 cases which attorneys drew to the attention of the Supreme Court Registrar in 2024, which had outstanding decisions.

Last week High Court judge, Justice Patrick Wells, delivered a trilogy of decisions in which he awarded close to half-million dollars in total to three litigants who sued the State for breach of their constitutional rights due to the time it took for their dealt with. In all of the cases, he found that the claimants’ constitutional rights to the protection of the law and to a fair hearing within a reasonable time had been breached.

“When one considers that members of society come to the court for a timely resolution of their disputes, it seems to me that there must be some compulsion on the part of judicial officers to do the best they can to ensure that that occurs,” the judge stated in one matter.

“A vital part of that timeliness is the giving of decisions, whether on interlocutory applications or in final judgment, such that the parties can be clear as to the resolution that the court has determined in the dispute that they havebrought to the court for a resolution.”

Asked if his office was considering settling these matters, Marshall told the DAILY NATION: “The solemn obligation of the Office of the Attorney General is to afford all persons the benefits of the constitutionally guaranteed rights and freedoms. In cases where individuals are able to successfully maintain a case that their rights have been infringed, then they may be entitled to monetary relief. But the courts are not bound to give monetary relief and there are numerous instances where courts have made declarations that the right in question has been infringed, but declined to award damages.

“In an appropriate case, we may seek to negotiate a settlement, but equally, for a variety of reasons, we are also equally likely to leave the decision to the court as to whether damages would be an appropriate remedy,” he added.

In terms of the floodgates being opened for such matters to be filed given the awards, the Attorney General said his office will be prepared to deal with them.

“There are quite possibly more cases that will be filed seeking redress where there has been delay in the hearing of cases and we will address those legal challenges when they arise. The fact is that when we came to Government, we had only two High Court judges doing criminal cases, and these judges were rotating on and off the criminal Bench. With over 1 000 criminal cases pending and more being added every day, and with only two judges, the kinds of delays that occasioned these lawsuits were inevitable.

“Happily, the rate at which cases, old and new, are being pushed through the criminal justice system has increased exponentially as the result of the appointment of an additional six judges to the criminal Bench and the employment of additional prosecutors,” he noted.

Marshall revealed that for 2024, the Office of the Director of Public Prosecutions completed 292 cases which included 58 firearm offences and 31 murders.

“This should be a clear signal that the days of criminal cases languishing in the criminal justice system are coming to an end,” he said.

In the same vein, he said civil matters were also receiving the same approach. “We have equally increased the number of judges in the Civil Division to reduce the backlog.” According to the report on the outstanding decisions sent by the Registrar, there were three cases which were more than ten years old – from 2006, 2007 and 2008. The names of nine judges were connected to the matters and in one instance, six matters were yet to be assigned.

A judicial official told the DAILY NATION that reform needed to take place from the top to the bottom if the vexing issues of backlogs is to be resolved, adding that both retired Chief Justices Sir Marston Gibson and Sir Patterson Cheltenham left the Bench with some outstanding Court of Appeal matters.

Source: Nation
David

June 11, 2025 at 1:45 am

No changes on removal of judges

by MARIA BRADSHAW

mariabradshaw@nationnews.com

ATTORNEY GENERAL DALE MARSHALL says Government has no intention of further amending the law dealing with removal of judges.

In 2019, Section 84(5) of the Constitution was amended to provide that a judge may be removed from office for a delay of more than six months in delivering judgments. At that time, faced with a massive backlog in cases and complaints that judges were taking too long to render decisions, Government made the change to hold judges accountable.

However, this matter was tested two weeks ago when a claimant sought damages against former Chief Justice Sir Patterson Cheltenham for failing to deal with a complaint against a judge who had taken in excess of ten years to render a decision in a civil matter.

Justice Patrick Wells, who heard the matter, ruled that the determination to institute removal proceedings against a judge for failing to deliver a decision after more than six months was strictly up to the discretion of the Chief Justice.

He stated: “The discretion that the court identifies in Subsection 84(5) of the Constitution is a very critical one for the Honourable Chief Justice, as the ultimate act of removing a judge from office under the Constitution is a momentously grave and weighty matter that should not be triggered for every potential infraction.”

Separation of powers

Asked if he agreed with the decision, Marshall stated: “It is not for me to agree or disagree with Justice Wells’ decision. I keep saying we have separation of powers. I am satisfied with the court’s analysis of the law and I am satisfied with his application of the law to these specific circumstances.

“I think the entire country would have benefited from the legal discussion on the matter of delay and how it should be treated, but I could find no fault legally or philosophically with him arriving at a decision.”

The Attorney General said the law as its stands allows the Chief Justice to exercise his discretion, “but even without the amendment in relation to delays, if that amendment had not been made . . . even in those circumstances, a Chief Justice would still have had to consider the facts presented and in his discretion determine whether the alleged misconduct was of such that it would warrant a referral to the Prime Minister and thereafter engaging the provision to seek to remove a judge from office.

“That has always been the law, whether it had to do with delay or not. A Chief Justice always has to make a determination as to whether that thing which is complained of is of such a nature that it strikes at the very sustainability of the judicial system.

“But it is difficult to say that as soon as a matter is delayed by 20 months or by five months, that a Chief Justice must automatically trigger a referral to the President. Every single one of our judges in the High Court has delay in excess of six months.

“I can’t see any reason to further amend it. I think at the time we wanted to enshrine the law in a rational time frame for the delivery of judgments, but it says a delay of six months may be misconduct; it doesn’t say that a delay of six months or more is misconduct.

“What that tells you is that in every case the Chief Justice or the Prime Minister or even the tribunal would have to look at the specifics of the case to determine whether it should be referred to a tribunal, and for that tribunal to determine whether or not it actually merits the removal of a judge.”

In terms of the six-month timeline, Marshall said that was important “because the law as it stood said you can remove a judge for misconduct of serious kind . . . . It was clear to us that the delays were so bad . . . judges so continuously and contextually in default that if a judge in the management of his court racks up delay after delay, then you must now look into the person’s ability to be a judicial officer”.

He asked: “So, if Judge A, for whatever reason, delays delivering his judgment, but he delivers another 27 in the same period, or another 40 in the same period, is that an appropriate occasion for removing a judge? Perhaps not. So, those are the kinds of considerations that the Chief Justice, or any Chief Justice, would have to take into account.”

When questioned about outstanding decisions by the two former Chief Justices, Marshall said Sir Patterson had about four outstanding, while Sir Marston Gibson had more.

Liabilities

“I am in touch with both of the previous Chief Justices and I had occasion to speak to one recently . . . . I will admit, one has a somewhat bigger pickle because the failure to deliver decisions results in contingent liabilities for the State. As you can tell, the delay in giving a decision breaches the constitutional rights of a citizen. That breach can often give rise to award of damages.

“Now, those damages are being paid by taxpayers. So, the same taxpayer who has to pay the judge, who has to keep air-conditioning in the Judicial Complex, who has to keep the entire fabric of the judicial system afloat, then has to turn around and fork out money because a judge has not given a decision in a reasonable or a timely manner.

“And that is something that we really can’t countenance. In addition to the potential claim for damages, it can get worse because in the case where a private citizen sues another private citizen and delay is unreasonable, both parties, whether a person is in default or not, both parties are entitled to get damages. And then we may, in a case where there is no likely prospect of a decision being given, we may then have to incur the cost, as we have had to in the past, of doing a retrial of a matter on appeal.”

Source: Nation
Bush Tea

June 11, 2025 at 7:33 am

“Every single one of our judges in the High Court has delay in excess of six months.”
~~~~~~~~~~~~~~~~~~~~~
Translated:
The AG is saying that EVERY SINGLE JUDGE is breaking the Law.

Now tell Bushie how a person can conscientiously ADMINISTER the laws against other law breakers, when THEY themselves are guilty of breaking the law.

…and then we wonder about growing criminality…. and idiotic sentencing and bail

What a place!!

-Where were the learned Judges when this Law was being drafted and passed…?
-If 6 months is not TOO LONG to meet out justice – WHAT IS TOO LONG? 20 years?
-If the available resources are inadequate to operate WITHIN the law – then go and look for another damn job.
-If it is a matter of discretion, then we have one outcome for the Medes, and another for the Persians.

But then again, practically all lawyers misappropriate client funds, so presumably discretion also applies here – least we overwhelm Dodds….

Practically all politicians take bribes and ‘campaign funds’, so discretion MUST be applied – otherwise who would pass our fancy new laws?

Cursed!!!
We are seeing the wages of brassbowlery in our future.
David

June 11, 2025 at 9:09 am

@Bush Tea

You did not agree with the part which says that the CJ has the discretion to sanction a Judge? The CJ has the ‘power’ but we know he will not use it to discipline his ‘sherry’ drinking colleagues.
NorthernObserver

June 11, 2025 at 9:32 am

“Now, those damages are being paid by taxpayers. So, the same taxpayer who has to pay the judge, who has to keep air-conditioning in the Judicial Complex, who has to keep the entire fabric of the judicial system afloat, then has to turn around and fork out money because a judge has not given a decision in a reasonable or a timely manner.”

The offending judges receive Pensions? Surely they can contribute to the cost their inactions are placing on taxpayers.
Donna

June 11, 2025 at 2:44 pm

NO,

That is what I’m thinking.
David

June 13, 2025 at 4:27 am

Marshall: Lawyers must bear costs

Law reform initiatives will carry a big bill, but Attorney General Dale Marshall says Government is not prepared to foot it all.

During the Law Reform Commission’s workshop and discussion on the draft Legal Professional Bill, held at the Lloyd Erskine Sandiford Centre yesterday, commission chairman and retired Chief Justice Sir David Simmons said there would be a “substantial increase” in the obligations of the Barbados Bar Association.

“I wish to make [some] comments, especially for the Attorney General and the Government . . . . Some of the new initiatives will necessarily require careful planning, recruitment of personnel and the provision of adequate funding to ensure the smooth implementation of these initiatives,” Sir David said.

“Firstly, it is clear from reading the bill that it calls for a substantial increase in the administrative and regulatory obligations of the Bar. These relate to new rules for accounting, [continuing legal professional development], advertising and contingency fees. Secondly, the accreditation committee will require funding and training.”

He said the Bar had also drawn attention to the likelihood of an “adverse financial impact” on legal practitioners practising for five or fewer years.

The former attorney general said it would serve no purpose to implement every part of the bill when it was proclaimed, adding the sections dealing with accounts and continuing legal professional development could come into force at a date in the future “when all arrangements have been satisfied and relevant trained staff appointed”.

In response, Marshall suggested the Bar restructure its fee regime as it would be unfair to burden taxpayers with the full bill.

“Because of the new areas that the legal profession will be required to deal with, continuing education and so on, all these things come with significant administrative and management costs. However, it is not going to be practical to sustain it with the level of fees that lawyers currently pay.

“The SCs (Senior Counsel) pay $1 500 a year and junior lawyers pay $300 a year. The Bar has to regulate its profession and it has to get those funds from somewhere. Now, is it appropriate for the taxpayer to fund these costs? I don’t think that’s fair,” he told those in attendance.

Marshall said the Bar should look at earning money like any other entity.

“In order to be able to carry these higher administrative costs, the Bar is going to have to look at what every other part of Barbados looks at. Costs of all kinds of things get increased, so they really have to look at increasing Bar fees. It’s not my decision, it’s their decision, but I think it’s only fair that the people who earn a living from the profession should carry the costs of administering the profession.

“There are other matters, such as continuing legal education, so it’s important for lawyers to stay on the cusp of legal thinking, but who’s going to pay for that? That’s not something that the State can do. So, it’s simply recognition that servicing the members of the legal profession is going to become far more costly than it currently is, and the Bar needs to bear those costs,” he said.

Sir David said the draft bill was a reformist piece of legislation which grafted new ideas, rules and principles onto the original Act, “reflective of and congruent” with the several legal, constitutional and societal changes which had taken place over more than half a century.

(CA)

Source: Nation
David

June 16, 2025 at 2:25 am

Yearwood wants judicial reform

IN THE WAKE OF a recent court ruling on a constitutional breach arising from a judge’s delay in giving a decision, University of the West Indies law lecturer Dr Ronnie Yearwood is calling for sweeping reforms to Barbados’ judicial system, warning that current legal mechanisms leave citizens vulnerable and constitutional protections “toothless”.

The case in question, Kymmia Mottley v Attorney General of Barbados, was presided over by Justice Patrick Wells, who ruled that while the Chief Justice holds discretionary authority under Section 84(5) of the Constitution to initiate the removal of a judge, that discretion remains intact even in instances where a judge breaches the six-month threshold for delivering decisions as set out in Section 84(3)(c).

Justice Wells concluded that the delay amounted to a violation of Mottley’s constitutional rights.

Nevertheless, he maintained that the Chief Justice was not bound to act, stating: “The point here is not that the timeline set out in Section 84(3) of the Constitution is not to be obeyed by judges . . . [but] the Honourable Chief Justice was not bound or required by Subsection 84(5) . . . to consult and advise, but that it was discretionary.”

Last week, Attorney General Dale Marshall told the MIDWEEK NATION he was satisfied with the judge’s analysis and application of the law.

He said the law allows the Chief Justice to exercise his discretion, “but even without the amendment in relation to delays, if that amendment had not been made . . . even in those circumstances, a Chief Justice would still have had to consider the facts presented and in his discretion determine whether the alleged misconduct was of such that it would warrant a referral to the Prime Minister, and thereafter engaging the provision to seek to remove a judge from office”.

Yearwood, a former president of the Democratic Labour Party, criticised Marshall’s response, saying it failed to grapple with the deeper implications of the ruling.

‘Symbolic’

“If a constitutional breach is found, but the mechanism to address it is purely discretionary, then the constitutional provision becomes largely symbolic,” he charged.

According to him, this seemed contradictory to the 2019 constitutional amendment that added persistent delay as a ground for judicial removal.

“If such delays persist without triggering any accountability mechanism, then the amendment is merely a plaster on a gaping wound,” he submitted.

The law lecturer questioned whether the court, having recognised a breach of the Constitution, could not have invoked its inherent jurisdiction to compel action if the Chief Justice failed to do so.

“Once a breach is found, the discretion of the Chief Justice should arguably give way to the rule of law,” he contended.

Yearwood is advocating for a redefinition of judicial delay not as a simple timeline breach, but as a form of judicial misconduct to be evaluated on a case-by-case basis.

“Some matters will understandably take longer, but there must be a mechanism to discipline or remove judges in cases of persistent, unjustified delay,” he said.

In a broader critique of the judiciary’s structure, Yearwood highlighted three urgent areas for reform: removing the rigid six-month rule, ending executive involvement in judicial discipline and overhauling the judicial appointments process.

He expressed concern about the role of the Prime Minister in initiating judicial investigations under the 2019 amendments.

“Even if this power has not been abused, its mere existence is a constitutional risk. We should not build systems that rely on the goodwill of any one person.”

On appointments, Yearwood pointed to what he views as an illusion of independence in the Judicial Appointments Committee. While the committee nominally oversees appointments, he noted that the Prime Minister retains power to appoint and remove all members except the Chief Justice and also controls their remuneration.

“This does not represent true separation from the executive,” he asserted.

Calling for an independent body to manage both appointments and disciplinary matters, he warned that Barbados risks undermining its own governance framework unless it acts decisively.

(CLM)

Source: Nation
David

June 16, 2025 at 1:02 pm

Vonda Pile disbarred today 16 June 2025.

The Court of Appeal has ordered that Vonda Minerva Pile be struck off the list of attorneys, and all of her clients’ files be handed over to the Registrar within seven days.

The ruling against the embattled attorney was made moments ago by the appellate board of Chief Justice Leslie Haynes, and Justices of Appeal Francis Belle and Margaret Reifer following recommendations of the Barbados Bar Association Disciplinary Committee in light of Pile’s conviction and imprisonment for criminal misconduct in her legal practice.

Pile was found guilty on June 5, 2019, of stealing $191 416.39 from former client Anstey King between April 29, 2009, and October 26, 2010. She was also charged with money laundering, but was acquitted. Pile served three years behind bars for the thef and after being released, resumed her legal practice.

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Source: BT
TLSN

June 16, 2025 at 1:18 pm

@ David,
What’s the threshold to be disbarred from practising as a lawyer in Barbados?

It does make me chuckle. These Bajan lawyers have more lives than a domestic cat.
David

June 16, 2025 at 1:23 pm

@TLSN

It requires the ‘will’ of the Disciplinary Committee and Barbados Bar Association.
David

June 16, 2025 at 5:35 pm

https://youtu.be/vG_1SCD3GCc
David

June 17, 2025 at 5:18 am

Bar seeking to redeem itself

IT WILL BE a “long and uphill battle” to restore the good reputation of the legal profession.

So said King’s Counsel Andrew Thornhill, as he pointed to the battering the reputation the legal profession had taken and the lack of confidence in it from the public.

He was speaking in the matter of the Legal Profession Act Cap 370A of the Laws of Barbados; the matter of the complaint of Anstey King against Vonda Minerva Pile, and in the matter of Vonda Minerva Pile, attorney, in the Court of Appeal yesterday.

Pile was sentenced to just under three years in jail after she was found guilty, by majority verdict, in June 2019, of stealing US$96 008 between April 29, 2009, and October 26, 2010, from Bajan/New Yorker businessman Anstey King.

She, however, had been found not guilty by majority verdict of money laundering. She resumed her practice after her release from prison in January 2023.

Thornhill, who appeared for the Barbados Bar Association (BBA) in association with immediate past president Rosalind Smith-Miller, current president Kaye Williams and attorney Keshawn Wood, stressed that the BBA “wholeheartedly supported” the recommendation, from its Disciplinary Committee, that Pile’s name be removed from the roll of attorneys.

He noted that the BBA, by advancing and prosecuting the matter against Pile, was “endeavouring to show the public that we are capable of policing ourselves”.

“The public is viewing us with scant respect because of incidents like this. In circumstances such as this we, the Barbados Bar Association are asking the court to help us redeem ourselves,” Thornhill added, as he referred to Section 63 of the Code of Ethics.

He pointed to the public’s interest in the matter, as he declared: “It will be a long and uphill battle but the Bar Association is commencing this uphill battle.”

Meanwhile, Solicitor General Anika Jackson, SC, said Pile’s crime was “the most serious of offences that can be committed by an attorney”.

However, Pile’s attorney, King’s Counsel Michael Carrington, argued that “the mere fact that Ms Pile has been able to return to practice would suggest the public has not lost trust in the profession or Ms Pile”.

He noted that while he “did not want to downplay the seriousness, what the court has to take into consideration is that the reputation of the Bar Association cannot be rectified, replaced or salvaged by the disbarment of [Pile].

“We are dealing with the livelihood of an individual who I don’t know if she has any other skills other than her legal skills and that must be taken into consideration,” Carrington said.

“She has already been tried, sentenced and paid her price to society, having been sent to prison. It is really double jeopardy. It is really seeking to punish her twice,” he said, as he noted the Court of Appeal could consider alternative sanctions.

“Disbarment is quite a harsh penalty given what she has been put through.”

Source:Nation
David

June 17, 2025 at 5:18 am

>Lack of resources led to late report on Pile

CHIEF JUSTICE LESLIE HAYNES has called for more resources to be sent the way of the Disciplinary Committee of the Barbados Bar Association (BBA) to enable it to forward its reports in a timely manner.

This comes after disciplinary committee chairperson Rita Evans revealed the committee was hampered by a lack of resources which led to it submitting its report on the disbarment of Vonda Pile well outside the 21-day deadline.

The issue arose in the matter of the Legal Profession Act Cap 370A of the Laws of Barbados; the matter of the complaint of Anstey King against Vonda Minerva Pile, and in the matter of Vonda Minerva Pile, attorney, in the Court of Appeal yesterday.

Pile was sentenced to just under three years in jail after she was found guilty, by majority verdict, in June 2019, of stealing US$96 008 between April 29, 2009, and October 26, 2010, from Bajan/New Yorker businessman Anstey King.

She, however, had been found not guilty by majority verdict of money laundering. She resumed her practice after her release from prison in January 2023.

The matter against Pile was heard by the Disciplinary Committee in April 2024. However, the report was forwarded to the Chief Justice earlier this year.

Evans, who apologised for the lateness of the report, said “there were a number of intervening circumstances prior to the actual hearing of the matter”.

“Why did it take so long for the report to be forwarded to the Chief Justice?” asked Chief Justice Haynes.

“The committee, regrettably, lacks the resources that we ought to have to assist us in getting these matters or the reports forwarded to the Court of Appeal as we ought to,” Evans said.

She explained the members of the Disciplinary Committee were all practising attorneys and it had one secretary who managed its day-to-day operations.

“But in terms of having other resources, for example, we don’t have a CAT (computeraided transcript) reporter,” Evans said.

“Previously we were allowed to have one person who would come and prepare the transcript for us to make it easy for us to prepare the report, but we don’t have those resources.”

Chief Justice Haynes said the court found it “unacceptable that a report could take so long to reach the Chief Justice”.

“Madam president of the Bar, what can you do to ensure this situation does not continue?” he asked, as he addressed president Kaye Williams.

“In terms of reports, you’ve heard Ms Evans say they lack resources. Please ensure that the resources are provided in the future. It is embarrassing. Really it is,” he said.

Source: Nation

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