Marston Gibson, Chief Justice
Former Chief Justice, Sir David Simmons
Attorney General Adriel Brathwaite recently updated the public that crime is o the rise in the North of the island.
Dale Marshall, MP
Prime Minister Fruendel Stuart
It was with more than passing interest that BU read the Nation article of 15 January 2014 entitled SLOW JUDGEMENTS HEAVILY CRITICIZED.
It is somewhat daunting to note that the Nation has only now espoused this cause as the result of cross-party agreement in the House led by former attorney general, Dale Marshall and supported by the PM and the present attorney general. This, after all, is an issue that BU – Tales from the Courts – has been resolute in airing for some years now and it appears that it is only now that a leading economist has publicly pointed out the obvious, that the demise of the justice system is almost completely responsible for the fall off and withdrawal of off-shore and foreign investment, that it now has been raised. Although, to be fair, last year in Toronto, the PM did serve notice that the justice system and courts had to be sorted out. But still his warning appears to have fallen in deaf ears and he himself has not done anything since.
The following was extracted from Wade Gibbons’ Facebook Page. He is a reporter for Barbados Today and is a former policeman.
Some excellent administrative and proactive moves by acting Commissioner of Police Tyrone Griffith. He is going to make a terrific leader of the RBPF, a position he should have held a long time ago.
The phones of innocent law-abiding Barbadians could not have been tapped by Dimwit Dottin without the knowledge and participation of some in the Special Branch which Dottin once headed. It was an ongoing criminal act by Dottin, deserving of imprisonment and not pension, and as such the hierarchy of that specialised department should have squealed on the thug and not be drawn into his criminality. No commissioner of police – an incompetent one at that – can compel a police officer to commit a crime.
If the force is to be purged of Dottin’s criminal presence, then of necessity some house-cleaning has to be done in departments such as the Special Branch. One transferred from that department is as close to me as a brother and I love him as such but wrong is wrong. Now that the Dottin cancer has been removed the organs of the body should gradually start to heal and return to a state of normalcy. Full praise to Commissioner Griffith. May God guide your every move.
Madam Justice Cornelius
We see the ruling on Dr Ishmael has at last been given by the courts. The Nation has published the decision which is highly unflattering to the MoH and the QEH. BU refers readers to the recent Tales From The Courts, where some of the issues discussed are similar and pertinent to this edition. The decision on this particular matter was reserved by Madam Justice Cornelius since 30 March 2011, a period of 818 days, or 2 years 2 months and 26 days. INEXCUSABLE!!!
It is not for the judge to take into consideration that Dr Ishmael is back at the QEH. The judge’s SOLE concern, other than the constitutional rights of the litigants, ought to have been the fact that there was a matter before her that might seriously, fatally and detrimentally affect the health of patients at the QEH. Indeed, this might be considered a matter affecting public policy and therefore to be accorded the urgency of any public policy matter. Instead, Madam Justice Cornelius took almost 2.25 YEARS to provide a judgement that ought to have been produced in a maximum, given the potential prejudice that delay would cause, of 60 days.
Thus, has Madam Justice Cornelius BETRAYED the trust and best interests of the people of Barbados and for that she deserves to be instantly suspended pending the outcome of an enquiry to dismiss her. Additionally, judges are expected to render decisions within 60 days, with an outside limit of 90 days for complex cases. Regardless of the circumstances between Dr Ishmael and the QEH, Madam Justice Cornelius has egregiously and improperly breached the Constitution.
Updated 05 September 2013
Commissioner of Police Darwin Dottin
Barbados Today published the story that former COP has formally handed over to COP Griffith and withdrawn from court matter against the Police Service Commission. Included in the report is alleged authorization of wiretapping by Dottin.
Read report: Darwin Dottin officially hands over reins of police force
- Letter sent to Commissioner Darwin Dottin by the Police Service Commission – parts I,II
Commissioner of Police Darwin Dottin
News reaching BU indicates that Commissioner Darwin Dottin has been sent on administrative leave. Given the recent development that a Deputy Commissioner was being selected without the input from Dottin provided a clue that sanction against Dottin was in the offing. A few weeks ago we also learned that Dottin had to return from vacation because his recommendation of the person to act while he was on leave was declined by the Public Service Commission.
Barry Gale QC, President of the BA
BU has been able to access the audited financial report of the Bar Association (BA) relative to the Compensation Fund. BU notes that the fund holds in excess of $2 million. The authority for the Fund is to be found at Part VIII of the Legal Professions Act Cap. 370A of the Laws of Barbados.
Briefly, the Act states:
The Fund is the property of the BA and must be paid into a separate bank account to the credit of the BA to be known as “the Attorneys-at-law Compensation Fund”.
Every attorney-at-law is required, when a Practicing Certificate is issued to him, to pay to the Registrar his/her annual contribution to the Fund, without which no Practicing Certificate will be issued.
“50. (1) Where it is proved to the satisfaction of the Bar Association that any person has sustained loss in consequence of dishonesty on the part of an attorney-at-law or any clerk or servant of an attorney-at-law in connection with that attorney-at-law’s practice as an attorney-at-law or in connection with any trust of which that attorney-at-law is a trustee, then, subject to the provisions of this section, the Association may, if it thinks fit, make a grant to that person out of the Fund for the purpose of relieving or mitigating that loss.”
A few points to ponder from the reading of the posted financials.
Marston Gibson, Chief Justice
In the interest of sharing all information received about any matters which BU has reported on, we have been advised and updated on the issue of the Parris v BLP and Nation and Barbados Advocate as follows:
Mr Hal Gollop QC filed an action for defamation against the Nation which pre-dates the Parris action. The law firm of Carrington and Sealy acts for the Nation and Mr Vernon Smith QC is acting for Mr Gollop.
The essence of the complaint is that on January 07, 2013, the Nation captured and published the photograph which is the subject of dispute. Reasonable conclusion, the Nation was the author and the holder of copyright of the photograph. The BLP subsequently used the photograph and caption in their campaign. Thus, Mr Gollop has also advanced a claim of conspiracy against the Nation and the BLP.
Marston Gibson, Chief Justice
Barbadians were treated recently to the news that the enigmatic Chairman of CLICO Holdings Barbados Leroy Parris who was deposed when the bottom fell out of the CLICO parent company in Trinidad has filed a legal action against the Nation, Barbados Advocate and Barbados Labour Party (BLP). Parris would not have made the top 200,000th popular person list in Barbados prior to his recent court action. Now that he has filed the action his position is likely to slide to 250,000th.
Posted in Blogging
Tagged Bajan News, Barbados Advocate, Barbados Labour Party, Barbados Lawyers, Barbados Media, Barbados Press, Blogging, Caricom News, George Payne, Justice, Leroy Parris, Nation Newspaper
Attorney General, Adriel Brathwaite
The Attorney-General of Barbados is the primary legal advisor to the Government of Barbados – Wikipedia
Good luck to Barry Gale QC who defeated ‘pooch skinning’ Alair Shepherd for the position of President of the Barbados Bar Association (BA). Not sure if outgoing president Andrew Pilgrim was able to achieve anything of note except to attain the status of Queens Counsel which lawyers are willing to ‘die’ for it seems.
There was a time when individuals worked hard because there was a consciousness that it was the right thing to do. How ones legacy might be defined was an inevitable consequence. Truth be told in defence of today’s incumbents which see a level of mediocrity hitherto unknown, it may simply be a matter of (in)competence.
Former Attorney General David Simmons is highly regarded by the legal fraternity and the general public. BU however has always been halting in our praise for two reasons. When Simmons demitted the office of Chief Justice (under duress) the delivery of justice caused by the weight of a heavy case load and an inefficient Court Registry should have been the performance indicators which painted his legacy and NOT the quality of his decisions. It was insightful to read Barry Gale’s comments soon after assuming the office of President of the BA concerning the court system. In summary, a mess!
Vernon Smith QC
BU read the Barbados Today article with interest which outlined Vernon Smith QC reaction to being characterised a delinquent Barbados Bar Association (BA) member. The BU family is reminded of the list which was circulated by the BA and posted to BU in a blog by Caswell Franklyn – Defaulting Lawyers.
BU has posited a view that the Legal Profession Act contravenes the Constitution of Barbados concerning lawyers who opt not to pay BA fees and is therefore a nullity ab initio. Vernon Smith’s view has also been discussed. Now that he has come public in his defense it provides the opportunity for the BU family to explore the matter further.
Vernon Smith is quoted in the article as follows: