Submitted by Heather Cole

Justice Must Be Served

Submitted by Heather Cole
Caribbean Court of Justice

Caribbean Court of Justice

In the game of cricket, there is no victory without a challenge. In athletics no race is won without a challenge and in the court of law, no precedent can ever be set without a challenge.

Two recent occurrences prompted me to write this article. The first was a call from a lawyer in Barbados about two weeks ago informing me that a sixteen years old case was finally set to be heard. It was one of two cases and there is no light yet at the end of the tunnel for the second case. The second occurrence was the revelation of the court documents relating to the death of Marcelle Smith in an article on the Barbados Underground. The documents in my opinion pointed to a motive for her murder and the persons responsible.

At present the system for the delivery of justice in Barbados leaves a lot to be desired and that is putting it mildly. No one should have to wait 16 years for a case to be heard. There has been enough time for those responsible for the administration of the system to over haul it and come up with a creative and transparent process for cases to be heard. It leads one to question the management of the system from which justice for the entire population is to be delivered. Are there checks and balances to ensure that all cases are heard in a timely manner? Are there cases lying around in or on some desks catching dusk? Is there a prevailing corruption in the system that warrants the need for a regulator whose duty it is to ensure that all cases are heard in a timely manner? One can also question the effectiveness of the position of the Ombudsman. By now the Attorney General should have created an instrument to define the period within which a case must be heard. I am positive that this would help reduce the backlog in the system. Are there enough Judges, magistrates and cases managers and do they work 8 hours per day? The time has come for a person to be able to track the movement of their case on line that way they will be in a better position to seek a resolution to any bottlenecks that that are inherently in the system. They must be penalties, fines and disbarment to practice for anyone circumventing the process of justice regardless to who they are.

With regards to the emails sent by Mrs. Smith to her Attorney, I was shocked to read the contents and I queried why Vernon Smith and Hal Gollop had entered the deceased property and interrogating a man with dementia. It was a house not a court or a law office or a police station. They had no right being there to conduct legal matters uninvited and that it was most unconventional to bring the police to add credibility to their deed. Protocol should have dictated these learned lawyers to schedule a meeting with her attorney present since she had responsibility for her husband. This case in itself raises many issues highlighted above and it makes one wonder if it will ever be heard since two high profile member of the legal community are involved. However, one also wonders how the revelation of their meeting with Mrs. Smith will impact their credibility with the public of Barbados and if this case is not heard will it justify that some people are above the law or that there is in fact no law.

The above are just two examples but I am sure that there are many more cases out there. Every right thinking Barbadian and those who the judicial system has failed must come together to challenge the system. We are in an era to have a Class Action Suit against the Attorney General, the Chief Justice and the Ombudsman with regards to the administration of justice. Is there any attorney out there who is up to this task?

Paradoxically, two of the reasons set forth to end the jurisdiction of the British Privy Council over the former colonies of the British West Indies can now be put forth regarding the legal system in Barbados. There are the unpopularity of the decisions and the perception that the system has too much power. Can it be that the deeply entrenched partiality now makes the legal system inadequate? It sets forth an argument for the Caribbean Court of Justice (CCJ) to expand its scope to become a local court of the jurisdiction.

One hopes that we the citizens of Barbados can petition to amend its constitution to allow local cases of Barbados or the region to be heard and be not only limited to CARICOM matters or act as an Appellate Court. The petition to the CCJ can also request that it includes the practice of law in its disadvantaged sector and amend that sector include lawyers. Or, by some other measure allow all lawyers to practice across its jurisdiction in any member state. This is intended to create one Bar Association within the jurisdiction that will allow a lawyer in Jamaica or Trinidad to accept a case in Barbados or vice versa without fear of victimization. Therefore one should seek to find out if this problem of Barbados is being experienced in Jamaica, Belize and Trinidad and Tobago.

Another outlook is that since the present judicial system is not serving the best interest of the masses, one wonders if the people of Barbados can by way of referendum be given an option to have their cases heard locally or by the CCJ by-passing the present court system.

The question that we must all ask ourselves is if Barbadians have to die awaiting justice or should they be assured of justice in Barbados or allowed to have their cases heard by the CCJ. In the final analysis, our problem can be resolved by competition and the establishment of a regional local court. To this end it is my intent to find out what is happening in the other islands for which the CCJ has jurisdiction. However, with or without the other territories, seek dialogue with the CCJ and petition them and the Government of Barbados from the Barbados Lobby to extend the scope and services of the CCJ to hear local cases of the people of Barbados. I hope that all who have been disadvantaged by the court system will join in this effort. Your comments and or assistance are welcomed.

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242 Comments on “Justice Must Be Served”

  1. David April 16, 2016 at 8:26 PM #

    Barbadians are slow in the activism business. It will call for patience and a slice of good luck in the quest for the spark.

    Like

  2. Sunshine Sunny Shine April 16, 2016 at 8:49 PM #

    You can start a protest as well David. Where is your poster? Yes, many are afraid that the tracking for IP addresses will intensify. We know the political class will be up in arms since such a protest in this simple format can reach a wider audience as a picture paints a thousand words. However, as I said, if we are going to change anything we must first start with the politicians. Either they see the reality that they are the cause and change their ways or have change forced upon them with consequences that could result in them having to face the truth and be exposed. Ahhh, have another idea a poster will pass it on now.

    Like

  3. pieceuhderockyeahright April 17, 2016 at 12:05 AM #

    My dear Sunshine

    I have a few hahaha actually more than a few for these shadows, on both sides.

    I have songs too been doing this for a while but I’m like Charles Bronson ” the magnum is loaded but no one to shoot!!”

    Go to torbrowser.org and download and install their browser that will anonymize your browser and an IP tracker will show that you have hidden your machine.

    DO NOT DO NOT PLAY FLASH files on the site because flash removes the anonymity of your machine ever behind the browser.

    Do not use google search engine because since Zuckerberg and Apple and the rest of these IT Giants sold out to the US Department of Defence including Whatsapp, that also nullifies the tor

    DuckDuckGo.com is a good tool for anonymous searching

    I was busy doing a project that is taking some time.

    [Girl I was glad you shared about the dinner details, I was good vex wid that fellow inviting you out and ting especially that he is trained in graphic arts and asynchronous patterns and ting. You see how he balanced the yellow shadow inside the D, inverted the same colors in the B and the background of the word difference and even the question mark?

    All I can say is that you have conquered another heart and I have located two bricks to throw at him lolol]

    As usual I use the square brackets an thing so prying eye can’t see what I wrote you

    Like

  4. Sunshine Sunny Shine April 17, 2016 at 2:56 AM #

    My Sweet Piece

    Thank you very much. My colleague warn me as well and said he will set up my gadgets to protect my IP address. Don’t worry about the dinner it turned out to be quite a nice evening. We just talk about all the ideas for posters. I did not know about all that you explain about browsers. I checked it and Chrome, Microsoft and other browsers allows your IP to be known. So if you are using any of those browsers while logging on to BU they can discover your IP. Can they identify it as well when you are on the BU site?

    Do you notice, also, how David have not answered my question or the request asking others to post their protest via a poster have not resulted in one single production from non of the mouths who type their stances on here? Seems like most here are just actors an talkers. They are content if someone else does it and get their asses burn while they pretend like they want to see Barbados change.

    Like

  5. de pedantic Dribbler April 17, 2016 at 4:04 AM #

    @SSS re: “…Do you notice, also, how David have not answered my question or the request asking others to post their protest via a poster have not resulted in one single production from non of the mouths who type their stances on here?”

    So all of a sudden now after @Pieces PC lesson and your dinner chat you are imbued with psychic ability and can see the graphics you and Pieces created that were copied n pasted to friends by any of the BU talkers …oh lawd!

    If you and Pieces are creating such catchy and awesome professionally produced stuff why should novice or downright fledgling graphics artists fiddle with their own production…fah what for ?

    I would fall into the novice category having done a few bits and pieces of brochures, graphics and tings like dat for public events but I would be hard pressed to produce what you guys have done !

    I mean, after all does every soldier in a war mek he or she own gun or fill it wid they owns ammunition…or do de soldiers dem fire de guns with the ample ammunition dat de generals and colonels provide!

    Yah drink too much at de dinner or what…don’t worry about others producing ammunition…you already formalize de contract wid two big manufactures (and didn’t pay too much neither) so please continue the flow of ammunition to the troops so they can use it, nah.

    And didn’t David say that he has posted the graphics to his FB following..many of whom I am sure have also reposted…the battle spreads SSS….it spreads!

    Like

  6. Well Well & Consequences April 17, 2016 at 4:08 AM #

    Lol…..SSS, I cant speak for others and I suppose what you are doing has to gather momentum, but what I can say is, I do things that are more dangerous to those who want things to remain as is to keep their bribers happy and their illgotten big money rolling in to their bank accounts at taxpayers expense.

    There has been more than one attempt to get me off BU..just ask BUs resident idiot….AC

    But I will jump them. Give your project a little time to gather momentum.

    Like

  7. Sunshine Sunny Shine April 17, 2016 at 6:02 AM #

    Pedantic Dribbler

    ”If you and Pieces are creating such catchy and awesome professionally produced stuff why should novice or downright fledgling graphics artists fiddle with their own production…fah what for ?

    What nonsense is this? You sound just like the fella who says, ” Come! We must take a stand, fight the war for our freedom. Our strength lies not in the reach of our arm, but in the mantle of our wits. Our numbers represent our force, And BY FORCE WE SHALL CONQUEEEER! Whose with me? We are! WHOSE WITH ME? WE ARE! Then, when all are motivated to fight, you suddenly put hands on boxcy and cry out: DIARRHEA; DIARRHEA, got to go men start without me. And, to the nearest Out-House you go to duck for cover. Yours is a cop out since it affords you those sweet little convenient words of: NOT ME IT WAS THEM; THEM DO IT!

    The protest is not about good posters, but about the views and concerns you have on some aspect of Barbados that you feel grieved about. You think this is some popularity contest for bragging rights? Shite, you can just write words, as long as they are short, to the point and convey the message.

    I am sure that you know someone who does graphic work that you can ask a question or with the limited skills you have still produce a few posters with just words. After all, ain’t you the Pedantic Dribbler? I just do not think like you old people. Procrastination was never one of my weaknesses.

    Like

  8. Crusoe April 17, 2016 at 6:32 AM #

    All very altruistic. Now, how do you intend to address the biggest issue, that which Bush Tea quotes regularly i.e. the ingrained ‘Brass Bowlery’ of the population?

    And if you think I am being flippant, think again.

    And SSS, re your question of what is needed, I already gave you a clue in my reply. You just did not understand / appreciate what it was.

    Likely Bush Tea and a few other readers understood.

    I really do not care at this point, seriously. One set of know-it-all’s to another, that is all I see.

    Same sushi, different day.

    Like

  9. de pedantic Dribbler April 17, 2016 at 6:46 AM #

    No SSS, I would never think of you as a procrastinator. You moved from idea to product and action in very quick time; even the talk of dinner with your colleague you completed that with alacrity. Nothing ’til tomorrow, about you….However with all due respect have you not at some point being labelled as ‘impulsive’ or maybe even in sotto voce as ‘attention deficit: less that 100% analysis review ‘? Maybe, just slightly! (smile)

    You correctly quoted me above but touched not on the subsequent and directly related remark:”…so please continue the flow of ammunition to the troops so they can use it”.

    Why did you choose to gloss over the interepetation that the messaging provided by your and @Pieces phrases may already very forcibly and succinctly capture my indignation as well? Thus I simply have reused them.

    As I suggested SSS it does not take ammunition from several manufactures to win a war but it DOES take ample ammunition readily produced to the troops to win.

    You are asking the many soldiers to produce their own of bullets; I suggest a different strategy of limited munitions suppliers readily providing bullets for the many soldiers.

    The posters are good, the script and concepts perfect. Please let’s focus our energies and competencies accordingly…and not scatter shoot for the sake of shooting!

    We are not at war with each other @SSS…we are at war against the entrenched army of our island home…certainly we can’t be caught up on messaging when in this case it is stupendous…UNLIKE that of Mr Phillips: now that messaging needs an internal war to rage,..

    Like

  10. David April 17, 2016 at 8:01 AM #

    @SSS

    Your effort is noted.

    Like

  11. Sunshine Sunny Shine April 17, 2016 at 9:04 AM #

    Dribbler

    ”Nothing ’til tomorrow, about you….However with all due respect have you not at some point being labelled as ‘impulsive’ or maybe even in sotto voce as ‘attention deficit: less that 100% analysis review ‘? Maybe, just slightly! (smile)”

    Such a cheeky devil with your subliminals. Did I not told you that I have been labeled on here as most things? My latest is from Crusoe, who thinks I am altruistic and Know all (I think). Sotto voce oh pleassssse, not the least. At war with you, now what made you think that? Passing on the posters is all fine and dandy, but they are only coming from two views, my sweet piece and mine. My point is, if more than two start to condense their views in this form of protest imagine how much more would be achieved when friends of your friends and their friends start passing them around as well. In my eyes, all I see are persons contented to stay behind the front line as long as others are in front of them. There is saying for it, ahh help here Drib, but isn’t it called, ”TOEING THE LINE”

    Crusoe

    IQ could be quite a deceiving thing. I am afraid mine is not so high so I could not dicifer the message in you three lines. What was it really? And, if you are contented with the way things are, man just say so instead of trying to put out the fire before it start. Know all, altruistic, just loving it. You should try my Sushi before you judge it, maybe you might just like it. Remember, not all will the taste the same everyday. As for Barbadians, shite, you got me sound like someone with immense power to influence. Thing is, I was not even thinking about them. Maybe the posters will reach them. What you think Mr. Crusoe. Just here trying to create greater awareness by condensing the information in a format that makes it more effective than the long drawn out discussions over much to do. Have I rubbed you the wrong way or something?

    Like

  12. Crusoe April 17, 2016 at 10:04 AM #

    Sunshine Sunny Shine April 17, 2016 at 9:04 AM #

    Indeed I may like your Sushi, but as a married man, not in a position to try it.

    On the issue of being content with the way things are, far from it. Definitely disillusioned and finally accepting of the unshiftable ‘Brassbowlery’ state as Bushie puts it.

    Like

  13. Sunshine Sunny Shine April 17, 2016 at 10:47 AM #

    Crusoe April 17, 2016 at 10:04 AM #

    Indeed I may like your Sushi, but as a married man, not in a position to try it.

    Only my sweet piece and others would understand what I mean. You obviously did not get it. Horny devil you, get your mind out the gutter, we talking Sushi not Susie.

    On the issue of you being content, I am convince that you are. How else could you be accepting the unshiftable ‘Brassbowlery’ state as Bushie puts it. Either you are accepting it and are going to simply live with it or you can support the poster protest as at least something different, which could raise the level of awareness and appeal too many more people via short messages. Why the particular adjectives about me to tell me simply that you retreat you surrender?

    Like

  14. Crusoe April 17, 2016 at 12:51 PM #

    @SSS,

    Oh, please understand that my adjectives were not ‘at you’ per se, but at the general voting populace and those who wield the power, and that efforts contrary are likely to be met with ‘same old’ result.

    So, nothing personal, but I think you underestimate just how entrenched this ‘brassbowlery’ is.

    Have a lovely day.

    Like

  15. Sunshine Sunny Shine April 17, 2016 at 1:25 PM #

    Crusoe

    Money makes for plenty secrets. It also pays for silence too, as well as loyalties. There are more bajans now than ever before speaking out, Crusoe. Intimidation has work well in keeping bajans intact for a long time. But, notice that as politicians get bolder and more open with their secrets, the populace is growing weary and more daring with their objections.

    Tell me what type of action would change your mind about the brassbowlery that engulfs bajan minds?

    Like

  16. pieceuhderockyeahright April 17, 2016 at 2:49 PM #

    Go to church just for a few hours and come back to see menses assailing the battlements to the perch where Sunshine sitteth.

    “Sunshine, I have learnt that the enemy of my enemy is my friend”

    So while they are not as “passionate” as you are, and like you are, driven by the realization that the next breath may be your last, ergo the “do it now” mode that you are in perpetually, what you refer to as “comfort zones” in others is often a speed while not a fast as your own, has the constancy of a single drip, and, over a thousand years, brings the spectacular waterfall.

    Unfortunately, you and I, and to the best of my knowledge, a few others here, are not too content with our last 50 years of Independence and what we have to show for it, AND, knowing that we don’t have 950 years in reserve, seek change now.

    Let me give you a perspective about “broadcasting the titbits that we have spent a little time composing” and the more substantive effort of the stalwarts, like David [BU]

    “what is your real name?”

    Here you are, the beauteous Sunshine who, with eyes shut, excite the imagination in that 100 x 100 pixel box and when eyes are seen cause one to wonder what does she look like in living colour?

    Now these menses here are thinking “I wonder where he is going here with this? It would appear like if the ole pervert, even after service, enflamed by Sister Headley now going expose his carnal desires to the world.

    But here’s the thing.

    You are “SSS” and I “Piece uh De Rock Yeah Right” and the list of nom de plumes, or Anonymice, as Carl Moore rightfully calls us, permits us to express ourselves here

    BUT and here is the kicker, when we do our Batman and WonderWoman things here, how can we have that parlay into “go to Barbados Underground and see me commenting as “PieceuhDeRockyeahRight” about “x” or “y”

    You feeling me?

    That new invitee to BU is not like a particular voracious reader I know who you tell him once, “go read BU” and they (a) come to the site (b) read the posts and (c) post and give an opinion

    In fact, I have spoken to hundreds of people and of those only 20 came to dead and only 5 remained.

    The rest are so afraid that they say “not me boasie, I doan read dem tings”

    The very mechanism that permits you and I to post, traps us, because we can’t give away our alter ego to our good friends fearful that they will talk out our identities to the world, (though some of us do a fairly good job of that ourselves heheheheh)

    So what do we do dear?

    Put our heads down and apply ourselves even harder until one arises then 5 then ten, like in the Equality Fight of the USA, which we dun know still going on, but until change comes, we going fight, because, like Corruption is like second nature to them, Miss Suzanne, “we are I bounded by our love for the island that educated us, and the principles of several good role models who inspired us to be the best that we can be…” those are the words of a freedom fighter SSS, you might know her don’t you?

    Until that day, we people going fight…

    Like

  17. Sunshine Sunny Shine April 17, 2016 at 3:52 PM #

    My Sweet Piece

    I know her and know her well. The thing is I could easily put my name up there. I have posted part of my face and I know some know who I am. Am I afraid, not one bit. What house that you know that is divided amongst itself that stands? We have some elected people who want us to believe that no minister of government, in these times or at no time, has never orchestrated a back door deal for a big secretive payday. They would want us to believe that good management entails that there will always be cost overruns and consistent ones too . And thing is, they believe that all that they have done is brilliant management. I am interested in change. Barbados is so messed up that the people seem to think that is normal, and our politicians just love it so. Well I am don’t so the posters will keep on coming as long as my colleague is willing until he teaches me enough for me to start them on my own.

    Liked by 1 person

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