CCJ

TALES FROM THE COURTS – CARIBBEAN COURT OF JUSTICE Application No BBCV2013/001, Between Timothy Walsh APPELLANT And Stephen Ward, Bjorn Bjerkham and Nature’s Produce Inc. RESPONDENT [2015] CCJ 14 (AJ) XXIX

Chief Gibson Marston Gibson

Chief Justice Marston Gibson

As we all know by now, the CCJ has been even more harshly critical of the delays in the Barbados courts than ever before, for good reason.[…] We also know traditional media will be restrained to comment if we are judge from what we have heard so far!

And they have reserved special censure for Justices of Appeal Moore and Mason for refusing to recuse themselves, even in the face of compelling reasons for them to do so.

The Walsh case is not a complex at all. Rather, it is one well within the scope and capability of a first year law student. Real estate transactions require an exchange of written and signed memoranda and, to fulfil the requirements of contract law that there be offer, acceptance and consideration, that the consideration (deposit) be paid at or before the date set down in the written memoranda. But there are two other bits of trite contract law as well. First, neither offer nor acceptance can be conditional, as in “on approval of a solicitor” or “subject to contract” and it is this last that is so favoured in England and Wales in legally exercising the unsavoury practice known as “gazumping”. Second, the recipient of an offer must accept the offer as it stands – if (s)he replies with a counter-offer, the original offer is immediately void.

BU has just explained in 144 words that which it took the CCJ a very large part of 31 pages to explain on matters of well-settled law. Based on this, Mr Walsh’s case was very close to meritless and BU is astounded that Mr Barry Gale, one of Her Majesty’s counsel for Barbados, either couldn’t get this point across to his client. Maybe he was too busy dealing with the far easier task of persuading the legal assistant we have posing as chief justice to deny audience to (effectively disbarring) attorneys who either had refused to pay VAT on their Bar dues, or who had exercised their constitutional right not to be members of the Bar at all.

What greatly concerns BU, in reading this decision, is that the CCJ appears in great part to have reversed itself from its decision in the case of Application No BBCV2015/001 between SYSTEM SALES LTD APPLICANT and ARLETTA O BROWN-OXLEY (Executrix of the Estate of Glenfield Dacosta Suttle, Deceased) and SONJA PATSENA SUTTLE RESPONDENTS [2015] CCJ 1 (AJ). And without specifically mentioning that case and the points of law that it has, apparently, vacated. We note that two of the members of the CCJ panel in the Walsh case, namely Byron and Saunders, sat on this decision. Hmmmmm!

That it took so many years for this case to reach its conclusion, given its relative simplicity, is indeed a scandal, but then again there are almost 4,000 cases before the Barbados High Court and proportionately as many before the Court of Appeal that languish in the same position. The CCJ is right and duty-bound to level such criticism at the Barbados courts. Not least because the CCJ has been the conduit of tens of millions of Canadian dollars paid by the Government and taxpayers of Canada to Barbados to bring the speed of justice in Barbados in line with internationally-accepted standards. The CCJ complains that, “The unfortunate frequency of our lament suggests that the problem is systemic.” No sh**, Sherlock. To the Prime Minister we say, “We have ears to hear and have been listening to nothing but profound silence from you, despite the clear and abundant grounds you have to exercise your constitutional position and fire Gibson.” And we have to ask for an accounting of how much, if any, of the tens of millions of Canada’s dollars has been spent on Gibson’s trips etc.

We could expand on the ineptitude of the Barbados Bench, but we all know that they are, for the most part, a bunch of incompetent time-servers enjoying the perks and ultimately the pensions, without seeing the need to do one lick of the work that they are incompetent to do in the first place.

Finally, we come to the matter of judges recusing themselves when there is clear and abundant bias. Justice Saunders has provided clear guidelines on this that have been accepted by all the CCJ panel and which are timely and needed. But, once again, the CCJ is not consistent in its own practice. In an appeal from the Barbados Court of Appeal in the case of Knox v. Deane, counsel submitted that Justice of Appeal Moore had failed to recuse himself when asked on the basis that a judgement to be relied on by the Court of Appeal was one that Moore himself had handed down – and the CCJ chose to uphold Moore’s decision not to recuse himself, despite the clear presence of bias. As we know, Sherman could never be wrong and certainly never held a grudge in his life.

We agree that there is systemic rot in the Barbados courts, rot led (though not started) by Marston Gibson. For, if there is not a strong (and Gibson is certainly not strong, except on cocktail party intake) and credible (Gibson has no credibility) and example (Gibson has not authored a single judgement yet, discounting the rubbish he provided for the BA, which was NOT a decision, as it was NOT as the result of a credible court procedure) then, while the cat sleeps of the effects of its trips and parties and boundless ego-stroking, the mice will wreak havoc. And if the PM does not step in, then the executive, through inaction and therefore acceptance of the rot, will be seen internationally as not fit for purpose.

Prime Minister, to date we have blamed the major part of Barbados’ failure in foreign investment on Gibson and the courts. However, if you do not act in pursuance of your constitutional duties very soon, this blame will attach itself to you and your government, for you will be seen to be in collusion, not just by the Bajan electorate, but in the eyes of the international financial world.

We rest.

Tags: , , ,

101 Comments on “TALES FROM THE COURTS – CARIBBEAN COURT OF JUSTICE Application No BBCV2013/001, Between Timothy Walsh APPELLANT And Stephen Ward, Bjorn Bjerkham and Nature’s Produce Inc. RESPONDENT [2015] CCJ 14 (AJ) XXIX”

  1. de Ingrunt Word October 19, 2015 at 4:14 PM #

    Well Well, your screed on the legal corruption is understandable and clear but it seems strange that you would come on a social media site and make all of these allegations and veiled threats about your imminent exposure of evidence of shenanigans. And knowing where people live and so on.

    If these fellows tek your seriously you don’t think they would really check you out and if need be basically tek you out if yu are a real threat.

    Of course if you just doing what we does all do here den carry on smartly!!!

    If you have indeed spent the last two years researching and getting actionable evidence then more power to you and I wish you to a speedy, successful end game. But you should be more practical,

    Incidentally Peter Harris – or Katuppa as his Indian name may have been – has more than one brother. Also definitely any malfeasance that he does is completed with absolute assistance of several Bajans of African descent.

    The ethic mouthings of ‘back to India’ sounds lovely on the political platform and indeed to the ears of neophytes but the man is now likely as Bajan as most of us here and so many Bajans would be complicit with whatever ‘shiiiiitttee’ you say he has done that I am really unclear how you can delineate which is Indian and which is Bajan ‘doo-doo’.

    I hear your distress but I just don’t get the rather impractical rant that he is an ‘outsider’ doing harm to unknowing Bajans.

    You are getting lost in the weeds of pain and anger.

    Stay focused on the deeds and forget the man. Doing wrong to Bajans is wrong regardless of skin colour or ethnicity or nationality!

    Like

  2. Well Well & Consequences October 19, 2015 at 5:22 PM #

    WORD……I know you mean well, but it is not as simple as you are outlining. The only way to kill a snake is to cut off it’s head. Look at the examples.

    Sanford

    Jack Warner

    That is just to name a couple.

    Last year someone told Harris they will get him, he told them he carries a firearm, the person told him that everyone in Barbados is armed.

    My reference shows that black men and some women continue to sell out their own to minorities, there are many black men and women from other islands in Barbados, some pretty wealthy and the only persons the leaders, politicians, lawyers, doctors who be nefitted from taxpaer funded education could see to sell out to is a minority.

    Peter Harris might have bajan citizenship but he hates black bajans with his whole being, because he has children with black women, don’t be fooled for one minute that he likes black people, he sees himself as owniing the blacks on the island, you are getting tied up.

    I do not make threats, I keep promises.

    The corrupt dudes on the island all haves clothes hanging out so they are busy looking for rain, i have no such problem and it’s that scaredy cat mentality have the criminals on that half a rock believing themseves to be invincible.

    Like

  3. de Ingrunt Word October 19, 2015 at 6:04 PM #

    As I said Mr Well Well, more power to you.

    Life has taught me that doers do. Act first. Talk after.

    All de long talk prior to action can sometimes be counter productive…for example your comment of threat issued to Mr Harris. If someone look me in the face and tell me something bout they will get me would it not be reasonable for me to get dem first!

    All that you say about the man may be 100% accurate (I have no idea).

    But he would certainly not be the only one with that affliction of ‘hatred to the average Bajan’ so if as you said you have the wherewithal to destroy a nest of snakes then you are a powerful and dangerous man.

    Like

  4. Bush Tea October 19, 2015 at 6:50 PM #

    You don’t seem to get it Ingrunt…

    Well Well & Consequences travel via broom… (actually THREE brooms…) and knows MUCH more about Bajans that any ordinary person can possibly know….

    Even before hooking up with Consequences, Well Well demonstrated an uncanny knowledge, of otherwise top-secret Bajan tit bits, that confounded the BU family….
    Now there is consequences….

    See if you can pick sense ‘outka dat’….!🙂

    Like

  5. Well Well & Consequences October 19, 2015 at 6:57 PM #

    The igrunt…….Do not complain about nothing changing in Barbados if you are going to look for 50 different reasons why nothing can ever change on the island, or why white collar criminals cannot get their comeuppance in Barbados.

    Maybe Harris scares you and all the other black men on the island; but I am a black woman and Harris could never trod a mile in my shoes, the weak mentality of the black man is renowned and always the downfall of his people.

    No, I am not the dangerous one, that woud be Harris, dangerous for the island, you cannot see the forest for the trees.

    You can try to bring 50 other people who are allowed, by the leaders, to show hatred to blacks on the island, but that is not my concern right now. I told you that you are getting tied up and there you go proving it.

    Like

  6. ADDMIIRRERR October 19, 2015 at 7:07 PM #

    I TINK YOU IS REAL CRITICAL OF OUR DE CHEEF JUSTICE. DE PICSHUR ABOVE EVIDENTS A MAN OF REFINDMENT AND INTEELEK. HE DOES LOOKIE LIKE IDI AMIN AN HE WAS A GRATE MAN
    JUS COS HE DONT NO HOW TO MEK A DECISION DOAN MEAN HE LIKE MY MAN FROON. DE CHEEF JUSTICE LIKEN TO DLIBERATE AN APPEAR REAL SKOLASTIC.

    WONCE MARSTON G DO HE DECIDE A DECISION WE ALL BE DEADDED AND DAT BE DE PLAICE DE MAN SKILL DOES LAY; HE DO ALL HE JURISPRUDUNCING WID DE DEAD FOLKS

    SO WE JUS GOTTA BE PAYSHUNT AN WAIT TO BE DEDDED TWO. MARSTON IS JUS LIKE FROON; HE DOAN KNO WHAT DE PHUCK HE ABOWT SO HE CAAN SAY TWO MUTCH.

    HE HAN PICK BY THOMPY AND FROON SO HE GOTTA BE DLP . YOU KNO WHA I DOES MEEN??

    JUS GIVE DE MAN ANNUDDER TWENY YEERS AN TING AN HE WILL KNO HOW TO GET TO WORK WIDOUT A DRIVER YU AN ME IS PAYIN FOR…..

    Like

  7. Crusoe October 19, 2015 at 7:09 PM #

    ”Well Well & Consequences October 19, 2015 at 11:52 AM # ”

    See what I said. A lot of talk about knowing so much and yet a post full of misinformation, hate and nastiness.

    Research what. A lot of rubbish and nastiness.

    Thank you for confirming what I already said.

    Rubbish.

    And yes, YOU are what is wrong.

    And to compound it, you claim to know where people live, for what purpose, to quote ‘That’s why I spent 2 years making sure I knew where most of them lived, i…………. that shit is already nipped in the bud.” unquote

    A clear threat.

    Not only do you talk rubbish, but you are also an idiot.

    If you think someone whom you accost, who is actually (out of the many that you ‘challenge’) of questionable circumstances, wanted to ‘retaliate’ against you, do you really think you stand a chance?

    Yes, you are clearly an idiot.

    Like

  8. Well Well & Consequences October 19, 2015 at 7:23 PM #

    Cruseo….please, you spent all day stewing, the bell cannot be unrung, I said what I said, it’s out there in the blogosphere, am sure it’s been picked up by certain agencies and there is nothing you can do about it, there is nothing you can do to me and I am happy you cannot sleep tonite because you are one of the corrupt ones with something to hide….lol

    So sue me…lol

    Like

  9. millertheanunnaki October 19, 2015 at 8:04 PM #

    @ ADDMIIRRERR October 19, 2015 at 7:07 PM
    “SO WE JUS GOTTA BE PAYSHUNT AN WAIT TO BE DEDDED TWO. MARSTON IS JUS LIKE FROON; HE DOAN KNO WHAT DE PHUCK HE ABOWT SO HE CAAN SAY TWO
    MUTCH.”

    You are a boss, ya hear! You planning to overthrow the BU octogenarian ‘scion’ of Bajan euphemisms “pieceuhderockyeahright” (PUDRYR) or wah?

    You are referring to two peas from the same pod of what ole-time Bajans would call educated idiots.

    Imagine Froon promising to make sure that no more arable or agricultural lands are converted (under his watch) to housing or other commercial uses.! What a laugh!

    A promise made since 2008. We can view that promise similar to the one made to the CLICO policyholders, the dismissed public sector workers or even the promise made by Rev. Durant to the Bajan public that David Thompson cannot die under his watch. The go(o)dly reverend needs to change his name to R.I.P van Winkle the immortally blind.

    So what is going to happen to the hundreds of acres of CLICO lands which are reverting to a state of ‘nature’ that not even the early settlers, the Arawaks, would have recognized.

    Like

  10. Hants October 19, 2015 at 8:15 PM #

    @millertheanunnaki wrote ” no more arable or agricultural lands are converted (under his watch) to housing or other commercial uses.”

    But if I own 4 acres of arable land I can still bulld a 10,000 sq. ft. house and grow grass for my horses.

    Like

  11. Crusoe October 19, 2015 at 8:17 PM #

    Well Well & Consequences October 19, 2015 at 7:23 PM # ”…So sue me…lol..’ ”bell cannot be unrung, I said what I said, it’s out there in the blogosphere”

    As I said, you are an idiot.

    You have given just cause for the authorities, IF they choose, to go to the Court and seek the means to investigate you, via the blog.

    Because by your broadbrush but direct threat, you have depicted yourself as either a vicious individual or a random loon.

    Both are equally dangerous.

    And if you think that it cannot be traced, again, anything can be, and legally with the right warrant.

    I repeat, you are an idiot.

    And no, I am not corrupt and indeed, will sleep well.

    You on the other hand….have a lot to think about. But then, that is only if it gets through your thick skull.

    Commenting is one thing, expressing angst is another, but direct threats?

    I have nothing more to say to you.

    PS- go get a good lawyer. You likely will need one.

    Like

  12. Well Well & Consequences October 20, 2015 at 6:35 AM #

    Cruseo…..I slept well last night, my conscience is intact, I hope you had a very restless night, hope you cried..

    Here is hoping to see you in hnadcuffs in the near future, like Dr. John Ashe, with your owner Peter Harris standing right next to you…..lol

    Like

  13. Well Well & Consequences October 20, 2015 at 7:03 AM #

    And Crusoe…..you should really listen to the Bushman, he knows what time it is……lol

    This thing rocks both ways, you too can be traced.

    Like

  14. Mockingbird October 22, 2015 at 2:53 PM #

    There need to be proper conditions to become a judge, master of the court etc pp

    1) excellent law examens
    2) advanced studies at an international top-10 university (Harvard, Yale, Stanford, Oxford, Cambridge etc pp)
    3) writing skills shown by books on law (published PhD thesis, text book, lengthy articles in international top journals etc pp) and confirmed by good reviews or other qualified panels
    4) ability to write at least 100 pages of flawless decisions per month
    5) allegiance to the common good and the people of Barbados
    6) no membership in any political party
    7) job experience at least 10 years at home as lawyer, professor, consultant etc pp and 5 years on international level (arbitration, UNO etc pp)
    8) clean record, that is anti-corruption and pro-transparency

    Like

  15. Bush Tea October 22, 2015 at 7:16 PM #

    @ Mockingbird
    It seems like the CCJ already adopted your standards ….. and now can’t find a Bajan Judge that makes the grade….

    Like

  16. Well Well & Consequences October 23, 2015 at 7:26 AM #

    It’s funny that Mockingbird should bring up the requisite requirements that should make a good judge and master of the court, but here’s the problem as it now exists, there was a master of the court some years ago called Roberts, I do not know what kind of master he was so am unable to say anything either negative or good about him; what I can telll you however, is that he has a son, Leslie, a lawyer who works out of Leslie Haynes’ office in Strathclyde, that means he works directly for Peter Harris and is part of the present problem in the supreme court, having no respect for the sanctity of the court.

    Now, Roberts is still young, so just imagine 20 years from now and he becomes either a master of the court or a judge and Peter Harris is still in full operational mode, what do you think will be happening then, barring an act of God, no one can see the younger Roberts changing his ways while he has even more control of the supreme court, particularly with Harris still being his master. That is how corruption continues unabated.

    Like

  17. Well Well & Consequences October 23, 2015 at 7:27 AM #

    Crusoe…..still think am dangerous? I can give you a warranty.

    Like

  18. Mockingbird October 23, 2015 at 8:13 PM #

    @Bush Tea

    I agree that the bench of the CCJ is excellent, even against American and European standards. Some judges are known in the whole global village.

    However, some Barbadian lawyers might qualify for such high office as well. The question is: Are they locally allowed to serve the common good?

    @Well Well & Consequences

    Measures against nepotism should be added to my list. Thank you.

    Like

  19. Caswell Franklyn October 24, 2015 at 7:38 AM #

    Well Well

    Approaching Mr. Khan can do nothing for the person. If he/she has a complaint it must be made to the Disciplinary Committee. The chairman is only one person one of the persons on the committee. Mr. Khan has no role to play in the Disciplinary Committee.

    Sent from my iPad

    >

    Liked by 1 person

  20. David October 24, 2015 at 7:50 AM #

    Correct Caswell, the Disciplinary Committee is an entity recognized in law. separate from the BA,

    Like

  21. Well Well & Consequences October 24, 2015 at 8:26 AM #

    Unfortunately for this dude, this particular client , though sweet as candy, can be as cruel as death when provoked or rubbed the wrong way.

    Like

  22. Jeff Cumberbatch October 24, 2015 at 8:47 AM #

    @WW&C

    The Disciplinary Committee is “policed” by the Court of Appeal.

    Like

  23. Caswell Franklyn October 24, 2015 at 11:12 AM #

    Well Well

    I have no good news for you. If the Disciplinary Committee fails to do its duty, you have to take it to court. If you then win the case, the court would order them to do their duty but by that the term of office would have expired. A new committee would then start investigating the matter all over again and by the time it gets around to you that committee’s year would have expired.

    You can’t win following their rules.

    Sent from my iPad

    >

    Like

  24. chad99999 November 10, 2015 at 4:29 AM #

    The legal system in the Caribbean is copied (uncritically) from the UK. You can sense immediately what is wrong with such mindless imitation by observing black jurists sweating like pigs (but of course, proud pigs) in robes that only make sense in temperate climates. The system of justice dispensed is not only unnecessarily complicated and barely understood, if at all, by the people it is supposed to serve, but it is so expensive it cannot be afforded in the amounts that are absolutely necessary for an orderly society.
    Even the UK itself is short on resources for this cumbersome system. How can poor little Barbados possibly cope. The Jamaicans are already on the way to bankruptcy as they struggle to pay for their judges and lawyers. When will we free ourselves from the prison of colonialism?

    Like

  25. pieceuhderockyeahright November 10, 2015 at 5:53 AM #

    @ Well Well

    I was wondering who this “dude” was and became instantly concerned because you have not been afraid to mention Peter Harris’s name here but seemed less inclined to name the dude which is quite unlike you

    Like

  26. Nostradamus November 19, 2015 at 11:41 AM #

    Today’s Nation Newspaper 19.11.15
    PROMINENT BUSINESSMAN Bjorn Bjerkham now says he has no interest whatsoever in purchasing a 125-acre plantation in St Peter, which until recently was the home of Nature’s Produce, operated by Australian farmer Timothy Walsh. – See more at: http://www.nationnews.com/nationnews/news/74624/farm-twist#sthash.LPvWv0Mk.dpuf

    Like

Join in the discussion, you never know how expressing your view may make a difference.

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: