Madam Justice Cornelius

A Conflicted Madam Justice Jacqueline Cornelius

Cornelius_RalphThorneAs Madam Justice Jacqueline Cornelius accompanied by and photographed with her BLP-candidate husband Mr Ralph Thorne, garners credit for her stance on sexual abuse and harassment and calls for legislation to address same, she appears not to know, and certainly fails to mention, that this issue has been comprehensively addressed by Madam Justice Kaye Goodridge (now Justice of Appeal Goodridge) in 2013 in the case of Margaret Wharton vs the Bank of Nova Scotia. See: http://www.barbadoslawcourts.gov.bb/wp-content/uploads/2014/09/Margaret-Wharton-v.-Bank-of-Nova-Scotia.pdf .

The Goodridge decision is now law and binds the Barbados courts. As such, therefore, in the scope of the Goodridge decision, since it is already law, there is little need for legislation in respect of this scope. Cornelius J., in her bid to “champion” the cause of persons sexually harassed in the workplace, omits to give Goodridge J. credit where credit is due. Why?

While we are most willing to admit that a further codification is likely desirable and the plight of all sexually harassed persons and those the victims of abuse needs to be more comprehensively addressed, to be constantly monitored, to be constantly upgraded and, most importantly, to be rigorously enforced, we are bothered by the sight of a high court judge appearing, as the run-up to a general election is in “pre-production”, accompanied and photographed with an opposition candidate (irrespective of whether it is her husband or not) and making speeches that, by omission, are less than frank and accurate. Far better that Cornelius J. should, like Goodridge JA., use her office to write new law and clarify existing law by way of precedent, than give the appearance of political bias by lack of frankness as to the true state of the law. A judge is allowed in decisions to provide “obiter dicta” and we recommend this to Cornelius J. as a means of publicizing her views on what areas of the existing legislation need to be looked at, rather than relying on a quasi-political platform and trite generalizations suggesting what the opposition, if in power, MIGHT do – a sort of implied manifesto and binds, even if it were an official manifesto, no one, as we all, unfortunately, know.

Cornelius J. might feel impelled to claim, based on this article, that she didn’t know of the Goodridge decision. However, we point out that the case of Wharton vs BNS was reported by both Barbados Today (http://www.barbadostoday.bb/2013/07/01/youre-wrong-2/ ) and by the same Nation that has been so diligent in regaling the public with reports on the speeches of Cornelius J., (see: http://www.nationnews.com/nationnews/news/31892/bank-pay ) along with photos of her and her BLP candidate husband, Mr Thorne. There are inferences to be made here and we can leave that to our readers., some of whom may think, “Women’s vote for Mr Thorne/BLP?” or “If Marston goes, who will replace him?” Or even both – kill two birds with one stone, maybe?

We also need to ask if Cornelius J. has simply failed to register the Goodridge J. decision from almost three years ago, because she is so busy working on her reserved judgements and supporting her politician/QC husband and has no time to concentrate on reading the judgements of her colleagues (now seniors) that bind the courts.

BTW, Madam Justice, how many reserved judgements do you have yet to deliver and how long have litigants been waiting for your decisions on each of them? If the principal of “Justice may neither be sold nor delayed” is not being met by you, is this not an abuse of litigants and their families and equally akin to the abuse that arises from sexual harassment and abuse? Are you familiar with the rules of equity that mandate that one must come before the court with clean hands?

We would also point out that sexual harassment and abuse is not solely attributable to men and that men can be victims too and that women can be the perpetrators – indeed, sexual abuse and harassment is not solely between men and women, but can be between those of the same sex. For clarification and confirmation, Madam Justice Cornelius, you can seek advice from any of your husband’s BLP colleagues, from MAM and Kerry down. After all, it is surmised and resoundingly mooted that we lack integrity legislation and FoI because MP’s dare not have it legislated and codified. We are perplexed as to why you, Cornelius J./Ralph Thorne, apparently imagines that further legislation dealing specifically with harassment and abuse would not suffer a similar fate.

BU notes that Mr Thorne’s main claim to fame was his representation of Turks and Caicos Premier Michael Misick, a case in which Thorne’s arguments were decided to be frivolous and vexatious http://www.tciaffairs.net/news/former-tci-premier-michael-misick-lawyer-describes-his-legal-options-as-severely-limited-following-court-ruling/). Another part of this case was lost before the Privy Council (see https://www.jcpc.uk/cases/docs/jcpc-2015-0042-judgment.pdf ). This was an important case that has serious ramifications for Barbados. The genus of the matter was that the lower courts determined that none of its judges could hear a case of corruption and embezzlement against Mr Missick, due to possible conflict of interest and therefore appointed a senior external and highly respected judge from Jamaica. Missick objected, but the Privy Council ruled in a unanimous verdict in 2015 against Missick and upheld the Turks and Caicos courts.

If this PC decision is occasionally adopted in Barbados, it is reasonable to speculate that any cases involving sexual harassment and abuse may well see Cornelius J. having to recuse herself, due to bias and political partisanship, because, God forbid, justice, frankness and transparency should stand in the way of political agendas. Indeed, it may well be successfully argued that Cornelius J. has already rendered herself ineligible to try any cases of this nature that may be placed on her docket and we cite the example of Lord Hofmann in the Pinochet case.

So what have we actually got? We have a high court judge who has flung her hat into the political arena and comprehensively rendered herself ineligible to carry out her office and professional obligations and try cases of a certain nature and has, moreover, failed to recognise existing legislation and precedent in her blind desire to advance the political aspirations of her husband and his political party to grab the women’s vote. Stupid, as the vast majority of women in Barbados are not only cognitive, but highly intelligent and well able to discern (usually better than men can) when an attempt is being made to pull the political wool over their eyes. In the final analysis, it seems likely that women in Barbados will read with great care and comprehension the judgement of Goodridge J. and reach their own conclusions and not rely on a government headed by Mia, Kerry et al to carry out the implied promises of Mrs Ralph Thorne.

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107 Comments on “A Conflicted Madam Justice Jacqueline Cornelius”

  1. pieceuhderockyeahright March 31, 2016 at 12:22 PM #

    @ SSS

    DPD is being naughty hahahahahaa.

    He is now to the site and has not seen the “cur” in you neither has he seen the other side which, because you have so much time on your hands, being bossless, sort of, allows you to”stand and stare”

    “Pally George” is a bajan slang term for a friend or pal that was popular 40 years ago so if i said my pally george Suzanne i would either mean that i was claiming you as my friend (and with that my designs come to the fore) or I was making a derogatory remark like “Fumble and his pally george Leroy Parris”

    @ DPD

    Time allows some of us, barring the 5 party group whose birthday Artaxerxes confirms is tomorrow, to let down their hair and show you “what their eyes look like close up” lolol who that is for will understand but suffice it to say, it is not for you.

    You have to go back much further to see my Sweet Sultry Suzanne. She was hiding because Daddy is *** and other things but she is both beautiful and intelligent and understands how to “play this dissembling game” like you have done quite well.

    Identities are such tenuous things that we seek to safeguard but after a while, much like Vernon Smith, and you are on your way out, aided by disease or by irridation or activated nano-inserts, it does not make a difference whether you are known or not.

    She is for real and even though Mia or Fumbles knows who she is, she has made up her mind that regardless of how relentless they will be, she will do the right thing

    Like

  2. Sunshine Sunny Shine March 31, 2016 at 12:28 PM #

    Hahahaahha @de pedantic Dribbler.

    Well if you are implying that I am bi-polar, I certainly am. Kiddddddding!! I do have several personality traits that I exhibit from time to time. Let’s just call it a girl thing (smile). There are times when this blog makes me so sick with the shite some on here write. Everyone wants to sound so intelligent, so grammatically correct and yet when you read their nonsense, the punctuation is impeccable, the sentence structure follows the rules of subject and verb agreement, but the message is nothing but shite, shite shite. I read very few people posts on here. The ones that inspire me is my sweet Piece, Bush Tea, balance (sometimes), Well Well, David, Caswell, Artax, Heather Cole and a few more others whose names are not featuring prominently right now. I also like the submission by William Skinner, Colonel Buggy, Vincent Haynes as well because they bring perspective worth debating. When these people write, you can glean something from their knowledge base. They are not trying to sound impressive or are they trying to show off their writing skills or big words. Yeah, there are times when they are off the mark but they remain true to themselves regardless of what their cause is. I like that, I have a serious problem with boasters, liars, cheats, and pretenders. That is why people like Alvin Cummins fret the shit out of me. You can just see from his writing that he is trying to impress. He is an old man but not one that is too wise. Then there is AC, the one I always refer to as a cunt. She, it, whatever the shite, is just plain dungliar. These two people are just plain disgusting yuuuuuuuuck. With the others, I feel a sense of purpose when I read these contributions hence I come here from time to time when I have time and make a contribution. The truth is I am nasty and a real bitch. I loved to be call whore, dirty, filthy, slut, lesbian whatever you choose. I am not phased because at least I am open and truthful while others are liars and pretensive. Some on here do not like mebecause they say I am vulgar, offensive and disgusting. Well at least I am open with mind, they are pretensive with theres. Hehe. I am just me.

    Like

  3. Due Diligence March 31, 2016 at 12:31 PM #

    GOOD NEWS

    Help is on the way.

    The China University of Political Science and Law (CUPL) and the China Law Society (CLS) have agreed with UWI Cave Hill campus to establish a joint research centre here next year to facilitate scholarly exchanges and participation in conferences in the Caribbean and China to enhance better understanding in the Caribbean of Chinese legal system as well as to develop an understanding of the Caribbean legal systems in China.

    That should sort out this conflict of interest stuff and the backlog in the judicial system.

    Welcome to Chindos

    For more details see:

    http://www.barbadostoday.bb/2016/03/31/uwi-can-now-test-in-chinese/

    Like

  4. TheGazer March 31, 2016 at 2:23 PM #

    Chindos or Chinados. I hope these islanders are careful when dealing with China (government and businessmen)

    Like

  5. Well Well & Consequences March 31, 2016 at 3:19 PM #

    Gazer…leave them to their Trinbados and Chinbados, they will learn one day.

    SSS…Ben Carson should stick to what he is good at and consult re brain surgery, now he’s retired, he is good at nothing else.

    Piece the more crap the politicians do, the better we are able to analyze their laziness and slow witted pretense at development.

    Balance…we all have to fight our own battles, but every now and then, it’s nice to think of others, pass on an idea or give some useful information, every little bit helps to effect change and make a difference….if that had been done years ago re Barbados’ judiciary, it would not now be a salacious conversation piece or a worry for those who have to traverse the legal system and are aware they can now become victims instead of getting justice.

    Like

  6. Sunshine Sunny Shine March 31, 2016 at 6:16 PM #

    WWC

    Like I said, I toss his books to the thrash. Even the way he speaks and the expression on his face that accompanies his words irks me to the core. It is hard to comprehend his reasoning.

    Like

  7. Enuff March 31, 2016 at 7:27 PM #

    We soon end up with a Bajan Donald Trump or Ted Cruz as Prime Minister. Carry on smartly with the Wonderland agenda and witchhunt. Sue me!

    Like

  8. Sunshine Sunny Shine April 1, 2016 at 3:17 AM #

    balance March 31, 2016 at 8:58 AM #
    “What are you doing to remedy the nastiness, that you know about, in the judiciary that affects too many lives, negatively”
    Fighting my own battles.

    Ahh, Mr. Balance now this and wondering, if this was a question meant for me?

    Like

  9. Well Well & Consequences April 1, 2016 at 7:45 AM #

    http://www.barbadostoday.bb/2016/04/01/rogues-and-bullies-have-infiltrated-legal-system/

    Interesting that Nicholls would say it’s just a few rotten lawyers in the profession in Barbados….who are rogues and bullies, the number on BUs sliding screen are many more than a few.

    Mr. Nicholls, there is no reason to protect the bad lawyers, you were already made the fall guy, you took the fall…. there are approximately 1, 030 practicing attorneys on the island, off the top of my head I can easily call the names of 200 really evil attorneys who wake up every day with the intent of victimizing their clients, misusing and abusing the supreme court and committing all manners of crimes, telling their clients they only handle million dollar cases, that is not a few bad attorneys, a few is 3, that is 200 bad attorneys and those are the ones I know about, ya can guarantee that there are many more, ya can only hope the good attorneys who keep their heads down, still outnumber the evil attorneys.

    Please be more open when addressing the issue of bad attorneys, we all know the unwritten but very concrete rule between lawyers, they do not ever go against each other, same for doctors….. in your case a line was drawn and most attorneys went against you to preserve their own standing or just out of pure vengeance and spite, I am sure there were many more than a few who took that stance….reality.

    Like

  10. Well Well & Consequences April 1, 2016 at 8:39 AM #

    http://www.nydailynews.com/news/national/king-black-ky-judge-pays-price-speaking-racism-article-1.2585022

    Very good example why you should not try to muzzle anyone….not even a judge.

    Like

  11. pieceuhderockyeahright April 1, 2016 at 9:18 AM #

    @ WW&C

    As I read the above and what you have posted about the Kentucky judge and what another person said here that might have been missed, what I am seeing with this matter was that the goodly Justice Cornelius who is no idiot about all of the professional ramifications siad “this is too serious an issue for me, as a woman, to remain quiet”

    “Even if this should mean that I have to recuse myself from these specific matters, so be it, but I, notwithstanding who my husband is, I Will Rise and be counted here for this issue is too important for me to be silent.

    You know, we have a few people who, like David son of Jesse, and like you David of BU arm yourself with the slingshot of seeming minutiae, which takes out these Goliaths,and bogolords.

    “Then Jael Heber’s wife took a nail of the tent, and took an hammer in her hand, and went softly unto him, and smote the nail into his temples, and fastened it into the ground: for he was fast asleep and weary. So he died.”

    So it would seem that for Justice Cornelius she has found this to be a Siserian issue and has said that it is here she will put her stake in the earth because this matter is too serious a one to remain quiet.

    But then again we only amuse ourselves with these speculations but I do think that given that she is no one’s fool, she would well know the implications of such an action.

    To the writer such action makes her ineligible, but on the altar of Women’s Rights she is a champion, n’est-ce pas?

    Like

  12. Well Well & Consequences April 1, 2016 at 1:33 PM #

    Very good Piece…not everyone will agree with what anyone says, but they do not have any right to attempt take away anyone’s right to say it.

    Like

  13. Well Well & Consequences April 2, 2016 at 6:31 AM #

    http://www.barbadostoday.bb/2016/04/02/last-appeal/

    This is a very disgusting and evil, but true story about 2 lawyers in Barbados who have absolutely no ethics or scruples and should both be in prison…they are the epitome of evil.

    Like

  14. Sunshine Sunny Shine April 2, 2016 at 7:08 AM #

    WWC

    There is enough information to believe that this death was a premeditated act. However, you know our police force works for lawyers and are subject to their orders. That poor lady’s death will not be given any further investigation and Vermin Smith will feel settled in his mind that what happen to her (a death that so happen to occur around the time of a dispute over property and other things mentioned) was just mere coincidence. Is Vermin Smith a member of the Masonic Order?

    Like

  15. Caswell Franklyn April 2, 2016 at 7:23 AM #

    David

    I have access to the information that the Barbados Today could not print, including an email from Marcelle Smith that spelt out her fears.

    Like

  16. David April 2, 2016 at 7:27 AM #

    @Caswell

    BU is aware of the case, we find it hard to believe a man who is possibly a millionaire would kill over 80K.

    Like

  17. David April 2, 2016 at 7:31 AM #

    Send BU the documents of you can.

    Like

  18. Caswell Franklyn April 2, 2016 at 7:34 AM #

    David

    The $80,000 was merely a fraction of what was involved. If it were only that small sum, why would Gollop be still pursuing the matter? I have the correspondence, there is more in the mortar.

    Like

  19. Caswell Franklyn April 2, 2016 at 7:35 AM #

    I will send them under separate cover.

    Like

  20. Well Well & Consequences April 2, 2016 at 7:45 AM #

    It’s horrible what these masonic lodge lawyers get up to, their evil is absolute, the lodges on the island need to be dismantled…yet another blighted copying from the british nastiness called the establishment…….post slavery.

    Not all lawyers are lodge members but the ones who are stand out.

    Gollop is always involved in government affairs, sucking from the public purse, who will arrest him, ditto Smith…the family, who are the real beneficiaries should make sure the whole mess is unraveled publicly for the world to see the decomposing stench emanating from some in the legal fraternity…particularly these 2 demons for attorneys.

    Like

  21. David April 2, 2016 at 8:12 AM #

    @Caswell

    Thanks, docs received.

    Like

  22. pieceuhderockyeahright April 2, 2016 at 8:51 AM #

    @ David King the Blogmaster.

    Three things.

    First. I pray GOD for your continued health and well being and longevity

    Secondly. You hear me often say, in seeming jest, be careful where you go, or what you eat, and where you, or your wife, or your children eat, for if the cannot get the goat, they will get the kiddie. For me they will not do that because I understand the mechanics of ***

    Thirdly. The timeliness of this article and Carl Moore.

    You kind sir have upped the game of responsible civic engagement.

    Take note of two things. One the AC that of late that is allowed to post and their content.

    Two. The direction of the Nation with their faltering sales and where the have decided to go with this article.

    Your perseverance alone has brought us here and unlike the other fellows, you did not sell out on out IP addresses.

    Live Long and Prosper

    Like

  23. Gabriel April 2, 2016 at 9:13 AM #

    Gollop is a well read lawyer.Why he doesn’t realize that he is being used by an old cantankerous colleague who does not have the inclination to read and update himself on certain areas of the law,will be his undoing.Already he has allowed his career to be tainted by being seen at court with one of the most despised illbred present day crooks of Barbados.Now he plays second fiddle to a spiteful old fool who should be properly before the committee for time wasting and for converting what is another’s.

    Like

  24. Hants April 2, 2016 at 9:35 AM #

    When Naked Departure broke this story some a wunna dismissed it.

    Now Barbados Today is jumping in and BU is in “support mode”.

    This is like an Austin “Tom” Clarke novel coming to life.

    Like

  25. David April 2, 2016 at 9:49 AM #

    @HAnts

    Point to where BU dismissed anything. The difference here is that both BT and BU have deposited court documents in the public domain to support. Get your facts straight.

    Like

  26. pieceuhderockyeahright April 2, 2016 at 9:57 AM #

    @ Hants

    With all due respect my colleague who sends me to the diaspora regularly, that is not fair to the BU modus.

    BU leads and has lead the charge most of the time regarding critical exposees

    Forgive de ole man, Carl Moore, I accused you of what Peter Harris has championed at Barbados Today.

    De ole man did jes click and read without looking at the link, (an ole bad habit)

    The difference between the nation Moore and Harris is that Peter is not against cutting out any partner, perceived or otherwise, to get an advantage. Rommell you deah?

    He sees the money in having the safe and sensational in his newspaper, being intimately aware of what it did for Naked Departure ‘s readership, heheheheheh and would now join the fray. We should expect to see more of this in the near future especially around election time.

    I would therefore do an analytic on where does the finger point? Is it at someone who is ultimately a scion of the Mia camp? or DEM udder fellahs?

    Peter does not publish contra BLP articles, he is a business man, and he ent no fool

    Like

  27. Hants April 2, 2016 at 9:58 AM #

    @David,

    I sincerely apologise to you and BU.

    Like

  28. pieceuhderockyeahright April 2, 2016 at 10:00 AM #

    David we going gots to stop doing this tag team thing, de nex ting you know dem going say dat you did was had offer me a job at BU after all de begging dat I was doing wid Vivianne and Carl.

    I certainly does be pun heah all day like an addict heheheheheh

    Like

  29. Hants April 2, 2016 at 10:02 AM #

    Apologies to you too pieceuhderockyeahright .

    Liked by 1 person

  30. David April 2, 2016 at 10:03 AM #

    @Hants and PUDRYR

    The point to be made is that BU does NOT engage in one-upmanship. We are concerned with truth reaching the public and holding people accountable. Frankly we can care-LESS who is the purveyor.

    Liked by 1 person

  31. Well Well & Consequences April 2, 2016 at 2:40 PM #

    Piece…businessman Peter is just waiting for the current lot of politicians to be thrown out on their rear ends by the electorate, then viola, he got a whole island under control, he just has to patiently wait for the switch….soon come….less than 2 years.

    Like

  32. Dompey April 4, 2016 at 1:38 PM #

    I am rather surprise at the fact that Barbados has implemented sexual harassment legislation as of yet. Boy I tell yah, it’s going to be a big game change for a lot of the Barbadian workers.

    Like

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