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Tales from the Courts – CJ Marston Gibson Usurps the Legislature With Practice Directions (MEDIATION/ALTERNATIVE DISPUTE RESOLUTION) XXXI

Marston Gibson, Chief Justice of Barbados Designate

Chief Justice Marston Gibson

It is very interesting to BU that none of our legal fraternity has come out publicly, YET, to condemn the lack of legality of the new Practice Directions handed down by Marston Gibson, despite the fact that they have been widely publicized by the Nation newspaper. Needless to say, if you go on the Supreme Court website and navigate to, for reasons passing all understanding News Publications and click on the drop-down menu and select the equally mystifying Press Releases, at the very bottom of the page, you will find, in the second column in very small print Practice Directions but you will not find these new practice directions listed there, as it appears that there have been no practice directions since 2013. Instead, you will either have to go and purchase a copy of the Official Gazette, or brave the rudeness and non-cooperation of the Registry and hope that you find someone there who knows what the hell you are talking about.

With these 2016 practice directions, Marston Gibson has given himself a problem. A big fat problem. It stems from the fact that, despite being a Rhodes scholar and an alumnus of Oxford University, his total incompetence as a chief justice is now an established fact. He simply does not get it at all as is witnessed in his new Practice Directions – which are illegal.

As a background, let it be said that Barbados takes its Civil Procedure Rules 2008 from those of England and Wales, almost verbatim. Those Rules govern the conduct of civil cases brought before the courts.

The history of these Rules is startlingly similar to Barbados. In England and Wales, the Rules came into force as the result of, like Barbados, there being a crisis in the delivery and timeliness of justice – in other words, there was a backlog. Lord Woolf, the then Master of the Rolls (head of the Court of Appeal) was tasked with formulating new civil procedure rules to, hopefully, solve the matter and move things along quicker and shut down the delaying tactics of lawyers. Barbados legislated these Rules in 2008 and they came into force in 2009. But we should maybe have also addressed the delaying tactics of lazy, incompetent judges, for what worked for England and Wales with, no doubt, the assistance of a competent judiciary, has clearly not worked for Barbados, the sole reason being said lazy, incompetent judges and a series of even lazier and more incompetent registrars.

The introduction of the Barbados Rules was motored by Simmons CJ. These Rules are not amendable or revocable at the whim or on the authority of a CJ; but rather this is the province of the legislature.

On 17 October 2013 in an address for International Conflict Resolution Day 2013, Sir David Simmons stated, “Parts 25 and 26 of the new Rules provide for Mediation but the process of mediation needs statutory support. There are two ways in which this may be achieved. First, in the same way as arbitration is given its own statutory regime in Cap.110, separate legislation should be enacted to cover the administration and practice of mediation. In November 2009, I dared to draft a Mediation Bill using the Trinidad and Tobago legislation as a model.” Clearly obviously either Marston has not read, or he disagrees with, Sir David and has attempted instead to use as conferring authority on him so to do for his new Practice Directions, Part 25 of the Civil Procedure Rules. We invite Sir David to send us a copy of his draft Mediation Bill and undertake to bring it, with our comments, firmly to the attention of the AG and the public.

Hold on!

We have to ask what the PM and AG think of this latest effort to usurp the legislature’s prerogative and authority by Marston Gibson and how long they are going to allow this man to hold on to office, salary and emoluments paid by the taxpayers. We (and the legislature) have seen Gibson set himself up as the authority by which practicing certificates are issued and we have seen Gibson attempt to disbar licensed (by the legislature) attorneys by writing to all judges of the Barbados courts (which includes those of the CCJ) and all magistrates, demanding that they deny audience to a certain class of attorneys and for his pains, his instructions be ignored or refused by the judiciary. We have seen Gibson effectively disbar one attorney without due process…..and get sued personally. We have seen Gibson lecture school children on Magna Carta of 1215 (801 years old) which, at clause 40 states, “To no one will we sell, to no one deny or delay right or justice,” and this is enshrined in our Constitution, yet our backlog subsists and justice is denied and delayed. Now, Gibson has attempted to put in place through practice directions that which can only be put in place statutorily. And, once again, while judges will likely refuse to implement these practice directions, if they have any sense which is debatable, they add another lair of frivolous nonsense to an already complex and costly process. Meanwhile, there are distinct (and very loud) rumblings within the legal profession and they are likely gathering themselves for a full frontal attack. As for the Nation, well you can hardly expect its reporters to do more than produce a publicity statement authored by one M. Gibson, stick in a photograph of him shaking hands with Kuman Hathiramani who is attempting to forge a source of income from mediation and, as a lawyer, must know that the new practice directions are illegal (or should know) and project the idea that Gibson has performed a legal miracle worthy of much praise, rather than a legal gaffe worthy of having his backside slung out of office.

There is no doubt that, as have been proved in Canada, there are some areas of civil law that would benefit from mandatory mediation. Family law is a very sensible area of mandatory mediation. However, mediation, whether mandatory or not, is confidential, it is not binding on the parties and it is without prejudice (which means that if it fails and the matter goes to court, the court may not know about or take into consideration anything to do with the mediation). The mediator has no decision-making power whatever and is there solely to assist the parties reach (if possible) a settlement satisfactory to them. It is highly likely and proven that ADR/mediation will work in, say, divorce cases of which there are many cluttering up the courts. But there are other cases where it simply adds to the expense and the time it takes to determine the case, without any reasonable prospect of success. Mediation can only ever work if all parties wish to mediate, rather than be mandated to mediate by the courts. Such mediations will fail and after all the time and expense, you end up right back before the courts in any case. So what Gibson is trying to do is to pass the buck.

Marston Gibson arrived in Barbados touting ADR as what one commenter has called “a universal panacea” (a phrase which we adopt with thanks) as a cure-all for the enormous backlog of cases. Now, in what must surely be the twilight of his tenure as chief justice, he seeks to garner public support to stay the advance of eternal night, by handing down illegal practice directions to try to fool the public, as he has certainly succeeded in fooling the Nation News, which isn’t at all difficult.

BU was fascinated by one of Sir David’s comments in his address of 17 October 2013. Sir David said, “In my last address to a full sitting of the Supreme Court on 5 October 2009, I warned then that the days for blaming the failure of the civil justice system on lawyers were over. If the system continues to fail, the judges will have to accept the blame.” And so will you, Sir David, have to take the blame on……..for the massive amount of political and incompetent yardfowls that YOU appointed to the Bench whose agenda is not the delivery of timely justice, but political, pension and perceived power. But you are right, Sir David, they must accept the blame, be fired (or resign) and forego their pensions as recompense for their betrayal of their country, its justice system, its finances and its people’s hopes and aspirations, not to mention their right to timely and impartial justice. You, Sir David, were constructively dismissed. Now we need your successor Marston out as quickly as possible along with, where appropriate, your incompetent appointees to the Bench.

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33 Comments on “Tales from the Courts – CJ Marston Gibson Usurps the Legislature With Practice Directions (MEDIATION/ALTERNATIVE DISPUTE RESOLUTION) XXXI”

  1. Amused July 8, 2016 at 6:06 AM #

    @David. You are right. There are much rumblings in the jungle and the animals (sorry, meant to say ‘attorneys’) are sharpening their teeth (that should read ‘quills’). It could get very bloody.

    Like

  2. Well Well & Consequences July 8, 2016 at 6:10 AM #

    Amused…we do not see enough of you, glad to see you.

    Like

  3. Well Well & Consequences July 8, 2016 at 6:25 AM #

    Davdd Simmons’ corruption of the Supreme Court was total.

    Simmons actually had the nerve to blame the judges when his disgusting influence drove the inertia now prevailing among some judges, those are the ones need weeding out to overhaul the system.

    And Simmons should be in prison for what he did, not merrily collecting a taxpayer paid pension as compensation.

    It’s not that Gibson did not see the problems or don’t know what they are, the mystery to me is IF, he presented the issues with recommendations for new legislation to Adriel Brathwaite and Fruendel Stuart…if he did, we all know how lazy the prime minister and attorney general are.., there is no argument, they are both two very lazy men, just living off the taxpayers.

    Like

  4. David July 8, 2016 at 7:13 AM #

    Good Morning ‪#‎realdreamchasers‬! Here is your daily newscap.

    FREE LORD EVIL – The attorney representing murder accused Andre Lord Evil Jackman said he planned to file for dismissal of the charge against his client due to “some level of compromise” of his case by Attorney General Adriel Brathwaite.In fact, Arthur Holder said he would likely ask that the case be quashed before the trial even begins because “my client can never be guaranteed a fair trial as per the constitution”. “If you, for example, can release on bail someone who names himself Lord Evil, I see no reason why you cannot release Constable Gittens on bail,” Brathwaite said.The Attorney General’s comment got Holder’s immediate attention, and he said Brathwaite was out of place and had breached his client’s constitutional right to a fair trial. “So basically, you will be asking for a dismissal of the charges based on the fact that there has been some level of compromise by the Government’s chief legal advisor. And remember, a jury pool is picked from the public,” an aggrieved Holder said. The Attorney General also suffered the wrath of criminal attorney Andrew Pilgrim, QC, who saw yesterday’s comment as an attempt to “meddle” with the courts. Pilgrim reiterated his position that the authorities needed to examine all the circumstances surrounding the granting of bail, particularly the slow pace at which the wheels of justice turn.He proposed that bail be given to anyone who could not be given a trial in a reasonable time, whether the offence was shoplifting or murder.“Now in Barbados, we have shown ourselves to be totally incapable of guaranteeing anyone a trial in a reasonable time whether that is a speeding ticket or whether it is a murder or treason indictment. We are incapable of that. Therefore we need to seriously examine whether or not almost every person who comes before the courts in this country should be admitted to bail,” Pilgrim said.

    FIRE THE ATTORNEY GENERAL – Send him packing! This is the punishment Opposition Member of Parliament Dale Marshall believes Attorney General Adriel Brathwaite should receive for publicly stating his position on the continued detention of Constable Everton Gittens. “I think the Prime Minister [Freundel Stuart] should do what [former Prime Minister] Owen Arthur might have done if one of his Cabinet ministers had spoken in such a reckless manner, and that is: Owen Arthur would have sent him or her packing,” Marshall said yesterday evening.However, the Opposition parliamentarian said he would not hold his breath because he did not expect Stuart to act. Brathwaite yesterday backed calls by the Barbados Police Association for Gittens to be freed on bail, after spending more than a year on remand for murder.The Attorney General made reference to Andre Lord Evil Jackman, who has been charged with murder but is out on bail, saying it made no sense that other murder accused such as Jackman were out on bail while the police officer remained behind bars. Marshall explained that under Barbados’ system of governance there was “something called separation of powers which means that the executive or legislative should not get involved in, or try to influence, the manner in which the judiciary functions.

    BUTT OUT – THE WOMAN WHOSE husband was allegedly gunned down by policeman Everton Gittens just over a year ago is devastated by calls for him to be released on bail. To make matters worse, Marleen Knight said, she and her son Junior Knight, who suffered a gunshot injury, would be very uncomfortable if Gittens was granted bail and returned to live in the same community.Her response followed comments Wednesday by Attorney General Adriel Brathwaite and president of the Barbados Police Association, Constable Mervin Grace, who both called for Gittens to be released on bail.Gittens, a constable, has spent the last year on remand at HMP Dodds charged with murdering Selwyn “Blues” Knight and shooting Junior on March 15, 2015, while off duty.

    CANADIAN STUDENTS FINED – Two Canadian students have been fined $20,000 each after appearing in court today on several drugs charges. Pauline Ann Dang and Indigo Akeyla Wills-Dorsey, both aged 21, arrived here from Canada on the same flight yesterday.They cleared immigration and were each interviewed by Customs officials. A search of each of their suitcases discovered 24 taped packages containing cannabis weighing seven kilograms in a false compartment.They were charged separately with possession of cannabis; possession with intent to supply, trafficking and importation.The duo appeared in the District C Magistrates Court today before Acting Chief Magistrate Christopher Birch.They were each fined $10,000 for possession and $10,000 for importation. On the charges of trafficking, and possession with intent to supply, they were convicted, reprimanded and discharged.Dang and Wills-Dorsey are on remand. They have been given until July 21 to pay the fines or spend two years in prison.

    MURDER CHARGE DISMISSED – A MAN HAD A MURDER CHARGE for killing his brother dismissed last Friday after two relatives said they would not testify in the matter. Calling the turn of events a waste of the police and court’s time, prosecutor Anthony Blackman said he would strongly recommend that those who engaged the services of the police and then refuse to give evidence be ordered to pay cost.Principal Crown Counsel Blackman had informed the No. 5 Supreme Court that neither accused Julian Leroy Griffith’s father Daniel Griffith nor his sister Christine – two critical witnesses – had any intention of giving evidence.Julian was arraigned, pleaded not guilty, a jury empanelled and the prosecution was set to start trial when the family members addressed the court about their decision. Both told the court that they were neither influenced nor forced into the decision.

    “BEAUTY” MISSING – Police are seeking the public’s assistance in locating missing elderly man Douglas ‘Beauty’ Hunteof 2nd Avenue, St Michael.Eighty-two year-old Hunte was last seen on Saturday July 2, when he left home, and has not been seen since.He is about five feet, six inches tall, dark-skinned, of medium build and with thick lips and nose.He is clean shaven and bald headed, has broad square shoulders, thick arms and skinny legs. He wears black glasses with round frames. It is not clear what Hunte was wearing at the time of his disappearance, but he usually wears grey sneakers and walks with a cane.Police are asking anyone with information relating to the whereabouts of Douglas ‘Beauty’ Hunte to contact the emergency number 211 or the nearest police station.

    POLICE OFFICERS WANT PAY INCREASE – In the wake of demands by both the Barbados Workers Union (BWU) and the National Union of Public Workers (NUPW) for pay rises, the police are now making a case for an increase. President of the Barbados Police Association (BPA) Mervin Grace said officers had not had a pay rise for over seven years and now was the time to begin negotiations for a new deal.While both the BWU and the NUPW have demanded double digit increases – 15 per cent and 23 per cent respectively – the BPA did not say how much it wanted from Government.Speaking at the association’s annual general meeting yesterday, Grace said police officers had been asking for increased allowances and improved working conditions but their cries appeared to be falling on deaf ears. However, the Attorney General, who also addressed the meeting, said the question of a salary hike for police officers was out of his hands.Brathwaite agreed that the officers deserved better pay and conditions of work, but made it clear he had not held talks on salaries with the association because it was not within his power to do so.

    HIGH PSV INSURANCE RATES – The owners and operators of ZRs and minibuses are complaining that the cost of insuring their vehicles is threatening to drive them out of business.The representative bodies of the two sectors of transportation said it was unfair that they were being forced to pay between $12,000 and $22,000 a year to insure vehicles, many of which were over five-years-old. Raphael explained that the majority of the public transportation fleets were aging, with between 50 per cent and 70 per cent of the vehicles over five-years-old, therefore the insurance costs ought not be as high as they are. He said something had to give, and if the insurance companies were not prepared to lower the rates, the transportation industry would have to consider its options.One probability, he said, was to turn to an insurance company abroad, for which permission would be required from the local regulator, the Financial Services Commission (FSC).

    BAS TO IMPORT COWS – The cows can’t come home soon enough for local dairy farmers who plan to import 185 heifers from the United States to boost milk production.Chief Executive Officer of the Barbados Agricultural Society (BAS) James Paul today said the importation of the heifers was one of the issues discussed this morning with farmers who are worried about a shortfall.Paul said the demand for milk was expected to rise later in the year, at a time when production was expected to be down, leaving dairy farmers with little choice but to import cows.The BAS is facilitating the importation of the heifers, which will be undertaken under a Central Bank Scheme. Earlier this week, Dairy Operations Manager at Pine Hill Dairy Lorenzo Roach said that in recent times there had been a decline of five to ten per cent in the quantity of milk delivered to the company.At the same time, President of the Dairy Farmers Association Brian Allan had also stated that it was not immediately clear what was responsible for the declining milk production, although some farmers felt it was connected to the feed.He disclosed at the time that the feed supplier had been working with the farmers in an effort to get to the bottom of the problem.

    DIRTY WATER WOES IN SPRING FARM – RESIDENTS OF Spring Farm, St Thomas are disgusted by what is coming out of their taps but the Barbados Water Authority (BWA) will be launching an investigation. In the most extreme case, a man showed a picture and a video of him collecting dark orange-brown water, which he said had been running for some time but was not clearing up.“The water was off on Thursday and was back on by Friday. I turn on the tap and this rusty water come out. At first, I thought it was mud,” he said.Requesting anonymity, the man said the water left a residue in the bucket, adding it was not the first time he had seen it. “It has been coming so for weeks. Friday I run it for over an hour and it was still that colour, so I just turn off the tap and went long,” he said.

    QEH MAIN KITCHEN CLOSES FOR 6 WEEKS – The public is asked to note that the main kitchen of the Queen Elizabeth Hospital will be closed for approximately six weeks to facilitate phase two of its renovation project.The work, which began yesterday, will be completed by Friday, August 26.In the interim, the kitchen staff will be utilizing the Schools Meals Centre at Harbour Road, St. Michael, to prepare meals for the patients.The kitchen prepares 20 000 meals per month and the upgrades are necessary to ensure that the kitchen achieves Hazard Analysis and Critical Control Points Certification to improve its food safety management practices .

    SIXTH FORM APPLICATIONS NOT AVAILABLE – The Ministry of Education, Science, Technology and Innovation has advised that the forms for entry to sixth form schools across the island are not yet available.Parents and guardians are asked to note, however, that these should be ready for collection from the Examinations Section at the Elsie Payne Complex, towards the end of this month and the beginning of the first week in August.

    NO NEW MAN – THE APPOINTMENT of a new West Indies team manager isn’t moving at the fast pace of the man who has been identified for the job. Whereas media reports have indicated that former Test fast bowler Joel Garner is to be appointed to the post, West Indies Cricket Board (WICB) chief executive officer Michael Muirhead yesterday said the WICB has not issued a media release to that effect.“We are still working out some contract details with the person and at the appropriate time, we would be making an announcement,” Muirhead said.“As you know, until they sign on the dotted line, anything can happen in contract negotiations,” Muirhead added. To this end, Muirhead said a new manager won’t be with the regional team for the start of the upcoming four-Test series against India in the Caribbean.

    PAN PERFECT WEEKEND – TODAY SIGNALS the start of a “pan perfect weekend”. For three days [today to Sunday], steel pan will feature prominently on the Crop Over calendar of events. First Citizens Pan Fusion in association with the Insurance Corporation of Barbados Limited & CW Business, will take place under the starry sky at Ilaro Court, Two Mile Hill, St Michael. Pan enthusiasts will witness pan at its best from Trinidad, Brazil and Barbados.Local lad Arturo Tappin has put together a band to thrill the crowds, and there will be an after party featuring Grynner and Lil Rick.The visiting performers are the Newton Playboys Steel Symphony and Xavier Strings from Trinidad.

    That’s all for today folks. Have a great day & a safe weekend. 🙂 Shalom ‪#‎thechasefiles‬

    Like

  5. Amused July 8, 2016 at 7:46 AM #

    @Well Well. Thanks for the kind words – not sure they are deserved at all. Been very busy the last couple of years with both work and family. A happy mellow time that has not left me with much leisure to contribute here.

    As I said earlier to @David, BU is absolutely right. There are major rumblings about the legality of these practice directions of the CJ and I have to agree that they are indeed illegal and challengeable.

    Anyway, @Well Well, got a very full desk so forgive me if I don’t say too much these days. Time is the problem. Will try to do better.

    Like

  6. Caswell Franklyn July 8, 2016 at 8:51 AM #

    Even though Government amended the law in order to appoint Gibson as Chief Justice, the amendment was not crafted with enough precision to accommodate his qualifications but they appointed him anyway. In essence, he was appointed despite the law. Could it be said that he was illegally occupying the office of Chief Justice? And if so, illegal practices directions would just be par for the course.

    Like

  7. Sargeant July 8, 2016 at 8:55 AM #

    Why is the AG commenting on specific cases before the Courts? If the AG wants to comment on Bail issues in general he is welcome to do so but to make remarks on these cases is stupid beyond belief.

    Liked by 1 person

  8. David July 8, 2016 at 9:04 AM #

    @Sargeant

    In any other country in the world Adreil Braithwaite would have been sacked by now.

    Like

  9. Bush Tea July 8, 2016 at 9:16 AM #

    @ Sargeant
    …to make remarks on these cases is stupid beyond belief.
    ++++++++++++++++++++++++++++++++++++++++++++++++
    True.
    …but not stupid beyond the AG.

    Liked by 1 person

  10. ac July 8, 2016 at 9:18 AM #

    Not only stupid but prejudicial. Furthemore this rogue police officer deserves everday in jail compounded by the fact his role in the Myrie case was an embarrasement to people and country resulting with govt having to pay financial compensation .Gittens has certainly earned his stripes.
    AG move on there is nothing here for you to be concerned about let the wheels of justice prevailed

    Like

  11. Well Well & Consequences July 8, 2016 at 9:35 AM #

    ACs…dont yall see that Adriel Dimwit dont mind all of that and will keep on talking stupid…it’s Fruendel’s job to fire Adriel or the people will have to fire Fruendel…his choice to make.

    How can a prime minister with any intelligence have at leasy 5 cabinet ministers who are everyday embarrasments to him, country and people….and refuses to fire them.

    Fruendel should be fired…soon come.

    Like

  12. David July 8, 2016 at 10:10 AM #

    The Court has to take certain factors into consideration, is Gittens a flight risk, is he prone to commit other acts of crime. How does the fact that he is a policeman weight expose him to harm in prison. Bear in mind the presumption of innocence applies.

    Like

  13. Amused July 8, 2016 at 11:29 AM #

    @David. Agree with your comments and those of @Sarge above. Do not, as usual, agree with @ac – prejudicial, my butt. In the Gittens matter on bail, the AG’s comments were highly inappropriate, not prejudicial. However, Lord Evil’s counsel’s motion is frivolous, vexatious and meritless with no prospect of success. There is no compromise of his client’s position as it is the court that will try Lord Evil, not the AG and the AG did not say that Lord Evil was guilty of anything, merely that he had been charged and was on bail and it was “Lord Evil” who gave himself the title, not the AG, so “Lord Evil” is the creator of any impressions his self-adopted title may evoke, not the AG.

    As for Gittens, of course he should be allowed bail. I am surprised and startled that anyone could possibly think otherwise. Solitary confinement, un-convicted, for over a year? Innocence is presumed until guilt is proven beyond a reasonable doubt before a court of law and solitary for over a year constitutes cruel and unusual punishment for an un-convited and un-tried man and I am looking forward to the time when someone has the money and determination to bring civil proceedings for just such a thing, but this could succeed only after they are acquitted. What IS disgraceful is the AG making his asinine comments on this just so he can garner political support from the Police. Blasted idiot. And this legal brass bowl is the best we can do for the post of AG? We are in deep sh*t.

    @Casewell. As you know, I agreed (and agree) the constitutional change of “Commonwealth” for “common law” to be able to appoint an external Bajan CJ, given the politically nepotistic mess that had been created with the judiciary. I agreed (but have since resiled with apologies) the appointment of Marston Gibson. The fault lies not in the change, but in the jackass the change was made to accommodate. You know as well as I do that there was nothing illegal in the appointment and you are doing a Baffy and stirring the dung up. Now, I want a favour from you. Can you PLEASE make best efforts to obtain from DACS a copy of his draft Mediation Bill and his permission to post it here on BU. I have heard from MANY of the brethren already today and they are, to a man, very eager to see it. You see, all recognise the value of mediation/ADR and know how it speeds up and significantly reduces the cost of litigation for litigants. Whatever he may have done later, no one can question that DACS is an excellent attorney of great experience and his contribution has to be considered as being of enormous value and assistance. I read his speech and my recollection is that he had sent a copy of his draft to Nitwit and had not even received the courtesy of an acknowledgement – but maybe Nitwit did not understand the draft – or found his reading skills (if any) inadequate. So, do your best for us.

    Like

  14. Caswell Franklyn July 8, 2016 at 11:32 AM #

    David

    Do you remember the incident with the Customs guard, Gittens while on desk duty still went the Harbour menacing the guard. He has to be kept away from Blues’ son.

    Sent from my iPad

    >

    Like

  15. David July 8, 2016 at 2:42 PM #

    @Caswell

    You would agree that Gitten’s case should be expedited with dispatch given he is a policeman in an overcrowded prison? Surely the DPP understands the ramifications at play here?

    Like

  16. Hants July 8, 2016 at 3:16 PM #

    The justice system in Barbados needs to be “restructured”.

    Innocent until proven guilty and the right to a speedy trial.

    Surely the lawyers can figure out how much time is required to adequately prepare a defense for people accused of serious offences like murder, wounding with intent etc.

    There is no question that Barbados has well trained lawyers and judges but they seem unable to do make real change to the “justice system”.

    Like

  17. Gabriel July 8, 2016 at 8:36 PM #

    50 years of Independence and the best we can do is to have bare JA’s for a Cabinet,bare JA’s in a Justice system,bare JA’s in a Police Service Commission which has successfully emasculated the Royal Barbados Police Force and a bigger JA in Pilgrim House,a barrow dem to death,notorious for ordering the cat-o-nine-tails for a little miscreant who complained to him that the Police at Central put him on the “Operating Table” and put a live electric cord ‘pun my doggie,your lordship’…a forced confession and was given a 10 year sentence and 10 strokes ‘o de cat.Barbados after Independence has gone to the effing dogs…bow,wow,wow,Carew sang…

    Like

  18. Hants July 9, 2016 at 6:52 AM #

    Read Page 64 (back page) of BarbadosToday.

    Like

  19. David July 9, 2016 at 7:30 AM #

    @Hants

    It is fair that the inferior court should rule to stay the matter. It has the ranking.

    Like

  20. Well Well & Consequences July 9, 2016 at 7:34 AM #

    http://www.barbadostoday.bb/2016/07/09/stay-granted/

    This matter is much better handled at the high court level in front of a judge whi is not compromised, the magistrate’s court level was a joke.

    Like

  21. Hants July 9, 2016 at 8:49 AM #

    @ David,

    You get what you pay for.

    The rich can afford to pay lawyers. The average person cannot.

    Like

  22. David July 9, 2016 at 9:01 AM #

    @Hant

    Succinctly put!

    We should keep an eye on the fact Weekes has been elevated to the Presidency of the Barbados Bar Association. Doesn’t work in the same office of former president Wilfred Abrahams and can be considered a junior partner?

    Enough said!

    Like

  23. David July 9, 2016 at 3:58 PM #

    The AG has gotten his wish, Gittens gets bail.

    http://www.nationnews.com/nationnews/news/83002/everton-gittens-granted-bail

    Like

  24. pieceuhderockyeahright July 9, 2016 at 4:38 PM #

    For the Explosive BU team

    Like

  25. Hants July 9, 2016 at 5:39 PM #

    Another man drop down dead.

    “A security guard has become the latest person to die suddenly.”

    http://www.barbadostoday.bb/2016/07/09/security-guard-dies-suddenly/

    Like

  26. Well Well & Consequences July 10, 2016 at 6:32 AM #

    http://www.nationnews.com/nationnews/news/83078/lawyers-change-dress-code

    Fantastic that the lawyers see that parading around in an english themed clown suit does not mean they are practicing good law, dump that clown gown and wig, just be yourselves, use intelligence and commonsense wisely, the public would be much more appreciative.

    Like

  27. Donna July 10, 2016 at 7:57 AM #

    AG looking for votes is he? Well, he will snatch at the shadow and lose the bone because people are seeing how stupid he is!

    CJ is being challenged all round it seems. The Court of Appeals overturned his BHL ruling.

    Cahill Catspradle, Maloney Madness, Fingerprinting Fiasco

    Does ANYBODY in this country know what they are doing?

    Boy, if Commissiong started a party now I would vote for him because he at least is right sometimes and Gollop would have to gallop!!

    Like

  28. Well Well & Consequences July 10, 2016 at 9:44 AM #

    Donna….I dont know why Comissiong would waste this moment, BU bloggers and the poster campaign are working overtime to open a window of opportunity for a third party to break DBLP cycle of corruption.

    Comissiong is very well known and in legal circles well known as someone to be trusted, it’s time for him to make his move….without missteps or ulterior motives.

    Like

  29. David July 10, 2016 at 10:09 AM #

    Both Andrew Pilgrim and Mia Mottley are in the press today condemning a broken judiciary. It was not too long ago BU was also being condemned for being doom and gloomers when highlighting th same.

    Like

  30. pieceuhderockyeahright July 10, 2016 at 2:38 PM #

    @ the Honourable Blogmaster

    The are looking for votes, at least Mia is,

    YOU ARE NOT!

    Like

  31. Gabriel July 10, 2016 at 8:20 PM #

    I would think its most embarrassing to the CJ to have a ruling of which he relieved himself, overturned by an Appeal Court,a negative for Sir Marston and a positive for the Judges of Appeal,a confidence vote in the those 3 Justices.Dare we hope that the Knight would throw in the towel and take the next Jet Blue flight back to the Big Apple where we think he belongs?

    Like

  32. Well Well & Consequences July 13, 2016 at 12:56 PM #

    http://www.barbadostoday.bb/2016/07/13/discipline-judges-and-lawyers-hinkson/

    This should be made a reality as soon as possible, so should legislation giving judges deadlines to deliver judgements instead of they being allowed to turn delivering decisions into decades old affairs.

    Enough is enough, everyone os aware of what the problems are and know too that they can only be fixed by legislation…let Fruendel, Adriel and the other parliamentarians get off their lazy asses and do some work, they collect taxpayer’s money in salary every single month.

    Like

  33. David July 18, 2016 at 8:57 AM #

    Today’s Nation Newspaper editorial.

    http://www.nationnews.com/nationnews/news/83354/editorial-urgent-reform-justice

    Like

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