The Jeff Cumberbatch Column – The Citizen, the State, Partisanship and the Rule of Law

Jeff Cumberbatch – Chairman of the FTC and Deputy Dean, Law Faculty, UWI, Cave Hill

“The country has gotten so partisan that if you’re not on my side, you’re the enemy” –Mark Cuban.

The popular misidentification of the State machinery with the party that constitutes its governing administration at the time is always likely to result in a scenario whereby any person who seeks to have the state comply with its legal prescriptions, an integral aspect of the rule of law to which we claim to subscribe, will be regarded as being diametrically opposed to that party. In extreme cases, there may be those that might go further and take umbrage at the effrontery that anyone would dare oppose state action at all. In this regard the applicant might be perceived as being opposed to the state itself.

And yet, the most frequent circumstances in which this is likely to eventuate are those where the state itself, in the interest of democratic governance, is obliged to comply with some constitutional or statutory fiat and has failed to do so. Any person, whether directly harmed by this conduct or not, is generally regarded in law as having sufficient legal standing to bring a court action to enforce state compliance with the stipulation. Therefore, to regard such a step as being antithetical to the interests of the state is perverse and may indeed be contemptuous both of the rule of law and of the legal process.

For example, it ought to be well known by now that the constitutional rights and freedoms expressly guaranteed in our Supreme Law are the obverse of fundamental injunctions to the State that neither it nor its agencies should infringe those rights except to the extent that this may be expressly permitted in the document itself. But the Constitution does even more. In addition to the injunction, it provides a mechanism whereby a person may seek to have these rights vindicated in certain circumstances. Thus section 24 provides in part: –

“…If any person

alleges that any of the provisions of sections 12 to 23 has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.”

This procedural right is clearly not contingent on any opposition to the state itself or the party then in office; simply rather that the state machinery has infringed, is infringing or is likely, on a balance of probabilities, to infringe, one of the person’s constitutionally guaranteed freedoms.

Similarly, the state machinery is required to comply through its functionaries with the basic principles of administrative justice in the conduct of its affairs. Among other things, these mandate that an administrative act or omission- an act or omission of a Minister, public official, tribunal, board, committee or other authority of the Government of Barbados exercising, purporting to exercise or failing to exercise any power or duty conferred or imposed by the Constitution or by any enactment – should not be contrary to law; that it be within the jurisdiction of the actor; that it does not contravene the principles of natural justice; that it not be an unreasonable, irregular or improper exercise of a discretion; that it ought not to be an abuse of power; that it not be arrived at on the basis of fraud, bad faith, improper purposes or through taking irrelevant considerations into account; that it was not effected through an abdication of duty by acting on instructions from an unauthorised person; that it should not conflict with an Act of Parliament; or that it was arrived at through an error of law, in the absence of evidence or through an omission to perform a duty.

In such cases, the law affords the citizen an avenue for redress in keeping with the finest traditions of enforcement of the rule of law. And, here, while relief may be granted to an individual whose interests are adversely affected by the alleged maladministration, it may also avail “any other person if the Court is satisfied that that person’s application is justifiable in the public interest in the circumstances of the case”.

A combination of partisan politics and the misidentification of the State with the ruling party referred to above might lead to the use of some excessive and intemperate language by those who imagine themselves or their interests threatened by such action against the state. I refer of course to the regrettable and unfortunate categorization recently of the applicant in one such ongoing matter as an “enemy of the state”. However, given that that applicant’s immediate interests are not likely to be adversely affected by the administrative omission of which he complains, the court will be constrained to grant a remedy only if it is satisfied that the matter conforms to the italicized words in the last paragraph.

In any case, the current action is merely procedural and cannot therefore foreclose the proposed construction for all time. Rather, it essentially seeks to have the court determine whether all that was required to be done has in fact been done and may thus fail at the very first hurdle of establishing the legal requirements necessary for the now impugned permission to have been granted.

It is easy in an era when local political partisanship has risibly conduced to a determination of which newspaper and which columnists one reads and which radio stations (and which moderators on their respective call-in programmes) one chooses to listen to or even interact with, for persons to see and decry the otherness in those who do not agree with their partisan point of view.

I am chary, however, of such a praxis applying in the context of the law that stands as the ultimate recourse of the citizen against the undeniably awesome power of the state machinery.

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61 Comments on “The Jeff Cumberbatch Column – The Citizen, the State, Partisanship and the Rule of Law”

  1. Well Well & Consequences Observing Blogger April 30, 2017 at 6:50 AM #

    “Therefore, to regard such a step as being antithetical to the interests of the state is perverse and may indeed be contemptuous both of the rule of law and of the legal process.”

    Obviously, the idiots of parliament, many of them lawyers, overlook the constitution when they want to:

    Break the laws to enable criminality against the people, fraud and violations of their rights.

    Break the laws to accommodate fraud and theft against the population, practiced by minorires.

    “Similarly, the state machinery is required to comply through its functionaries with the basic principles of administrative justice in the conduct of its affairs. Among other things, these mandate that an administrative act or omission- an act or omission of a Minister, public official, tribunal, board, committee or other authority of the Government of Barbados exercising, purporting to exercise or failing to exercise any power or duty conferred or imposed by the Constitution or by any enactment – should not be contrary to law; that it be within the jurisdiction of the actor; that it does not contravene the principles of natural justice; that it not be an unreasonable, irregular or improper exercise of a discretion; that it ought not to be an abuse of power; that it not be arrived at on the basis of fraud, bad faith, improper purposes or through taking irrelevant considerations into account; that it was not effected through an abdication of duty by acting on instructions from an unauthorised person; that it should not conflict with an Act of Parliament;”

    Fruendel and his Frauds are desperate to break the law and violate the Constitution to accommodate the fraud Maloney who is acting at the behest of other frauds….all of whom are unauthorized to break the island’s laws.

    Commissiong should sue the jackass Dennis Kellman and set a precedent that government ministers are breaking laws when they violate the citizen’s right when the try to denigrate and slander their names for exercising their constitutional rights.

    The idiots of parliament are out of control.

    Like

  2. Well Well & Consequences Observing Blogger April 30, 2017 at 6:51 AM #

    Break the laws to accommodate fraud and theft against the population, practiced by minorities.

    Like

  3. Bush Tea April 30, 2017 at 7:26 AM #

    A lotta beautiful words that simply says that “Kellman is a kant”…
    But we have known this now for years…

    Like

  4. Caswell Franklyn April 30, 2017 at 7:45 AM #

    I have said before on another thread that Kellman, in attacking Commissiong, was merely using an old weapon, first reported to have been used by Samson when he used it to kill 1,000 Phillistines, according to Judges 15:15.

    Kellman is an embarrassment to parliament and this country. I don’t recall him ever having anything sensible to say but he keeps talking nonetheless. The people of St. Lucy should hang their heads in shame for consistently returning a buffoon to parliament.

    Liked by 1 person

  5. William Skinner April 30, 2017 at 8:11 AM #

    Once more we have the party paramountcy of the BLPDLP taking centre stage: Lionel Craig: If your name is Douglas Leopold Phillips you should starve. Dennis Kellman: If you put de government in court , you are an enemy of the state.
    Nothing new here, the BLPDLP either starve out opponents or declare them enemies. Same old same old.

    Like

  6. David April 30, 2017 at 8:15 AM #

    Jeff and comment on today’s front page Sunday Sun report read the DPP’s plan to reduce time spent on remand based on revised guidance on trial committal proceedings? Of course you are aware there was the abolition of prelims.

    Like

  7. de pedantic Dribbler April 30, 2017 at 8:21 AM #

    @Jeff, you have a way with words that presages a man with whom one should not trifle…or in good Bajan…’don’t interfere wid you, cause you don’t play’! (smile)

    I say that because I had difficulty wrapping my thoughts around the wording and phrasing of the piece as it progressed (maybe just distracted this morn) until the 7th paragraph.

    Then boom, the slowly developing uppercut exploded to smash that Samson jawbone referred to by Caswell.

    You don’t play! Good stuff.

    Not original of course @Caswell but still LMHO post. But aren’t you concerned about the many Lucians that you upset by calling them jack-asses…afterall they are “…consistently returning [their jawbone] to parliament”. LOL.

    And @Vincent… You sure this is not some subversive CIA plot to ferret the new radicals out there and get a handle on them. Do you really not appreciate that many proposals will have the Pacha style flashing piece of steel as a centerpiece.

    In truth, what new governance system can be offered (not offered already) without that ! Just saying!!! LOL.

    Jeff should not unknowingly entrap his young UWI brains wid that CIA plot.

    Like

  8. Well Well & Consequences Observing Blogger April 30, 2017 at 8:24 AM #

    Ministers of government are the modern day Eunuchs. …a shameful and disgraceful lot.

    “Africa and Arabs slavery.
    Tunis 1931 – A African eunuch guarding a harem Arabs gate. Aboriginal Africans Castration by Arabs invaders was typically carried out on the soon-to-be eunuch without his consent in order that he might perform a specific social function; this was common in many Arabs imperialist societies. Eunuchs would usually be servants or slaves who had been castrated in order to make them reliable servants of a Arabs invaders royal court. Because they reduced their condition lowered their social status, they could also be easily replaced or killed without repercussion.”

    http://www.reunionblackfamily.com/apps/blog/show/42172089-muslim-arabs-and-slavery

    Like

  9. angela Skeete April 30, 2017 at 8:27 AM #

    yes agree 100% That Comissiong has a right to take actions that are in pursuant with governing laws,
    On the issue on kellmans stinging comments one can agree or disagree as to the placement or misplacement of his words in a democracy without Kellman having sufficient evidence to prove that Comissiong is indeed an enemy of the state and which is an unfortunate choice of words
    However given Commisiong close attachment to countries where dictatorial laws are put in place to deny citizens their civil rights with all guarantee to freedom of speech and indeed if actions are taken by citizens which are not in agreement with govt decisions citizens can be dealt heavy handed consequences
    One have to wonder why haven’t Mr, Comissiong ever spoken out against such govt actions portraying a silence and giving a view in the minds of many that Comissiong actions against this ruling govt speaks louder than words constrained on political bias and self interest more so than an interest in this country as a whole and might be the basis for Kellmans out burst.
    The underlying evidence shows that Comissiong has no problem or speaks against those dictatorships with whom he supports doing whatever they dam please against citizens but spare no thought about rolling up his sleeves in legal fights against democratically formed govt actions which he disagrees as in his recent court filings
    The smell test does not lay solely in his actions against govt but remits a distasteful odor which alerts the senses with confusing signals
    In other words his actions in a democracy should not be those of sending confusing signals relying on those democratic laws to push any agenda while being silent on dictators actions who are not in compliance with their citizens civil rights.
    Mr. Kellman is not a fool but sees an objective with a plan of action which might indeed hurt the betterment of this country for years to come and felt necessary to call a spade a spade .However for all the negative backlash he has received history might have the last word on who is right or wrong
    i patiently await the verdict

    Like

  10. Bush Tea April 30, 2017 at 8:39 AM #

    Very perceptive of you Dribbler … to be aware of such obvious bait as that being chased by Vincent…
    There is a reason why foolish fish make easy steaks….

    Like

  11. Well Well & Consequences Observing Blogger April 30, 2017 at 8:51 AM #

    As’s….ya stuttering…lol

    Like

  12. Vincent Haynes April 30, 2017 at 9:11 AM #

    dpD

    Chuckle…..good point…..so what…..nothing wrong with playing the game,knives and all or guillotines in Pachas case……thats the best way to see where it leads.

    You are aware of course that all the worlds leading intelligence gathering agencies are thankfull for the BU blogg as it allows them to get a handle on all the subversives connected to Bim like Bushie,etc….no need for a special global entrapment post……lol.

    Psst…..the agencies have also uncovered the IP address of BBE….Bushie unwittingly let it slip….so watchout.

    Like

  13. Bush Tea April 30, 2017 at 10:10 AM #

    @ Vincent
    Who would waste their time trying to uncover Bushie’s IP address…?
    What for…?
    …to get a little stinking whacker?

    Besides, everyone who has so far sought to hurt the bushman have ended up ‘in a bad way’… (so to speak)
    It is written .. ‘touch not BBE’s adopted’ …or something like that… 🙂

    Seriously…!!

    Like

  14. Well Well & Consequences Observing Blogger April 30, 2017 at 10:40 AM #

    Vincent….do you know those same countries in a bid to continue brainwashing, deceiving, lying to and stealing from the earth’s population……tried to get Facebook to spread their propoganda on its site and were told to go to hell…….

    ……we know live in a highly enlightened age, a world where there will be no more half measures and no turning back…the days for the brainwashing and the mindwashing of those who are receptive to the whole truth and nothing but the truth….are all over.

    Like

  15. Vincent Haynes April 30, 2017 at 11:02 AM #

    Bushie

    Cuhdear….comprehension…..nobody trying to find you or your IP,where did I say that? You are small potatoes as you have so said many time…..lol…..dem looking for the BBE not your little ….. .Enjoy your sunday and start planning for $5M as I dun know that yours will be the first one in.

    Like

  16. Vincent Haynes April 30, 2017 at 11:03 AM #

    WW&C

    Correct.

    Like

  17. Sargeant April 30, 2017 at 11:04 AM #

    I am surprised that Jeff used a quote from the rather pedestrian Mark Cuban to illustrate his column instead of the colourful Louis XIV “l’état, c’est moi” or even “l’état, c’est nous” by one of the movers of the 20th century Vladimir Ilitch Oulianov.

    Like

  18. Well Well & Consequences Observing Blogger April 30, 2017 at 11:59 AM #

    http://www.independent.co.uk/voices/dunning-kruger-effect-over-confidence-of-politicians-is-such-a-curse-a7710046.html

    This should be helpful to all the jackasses of the political variety, starting with the arrogant wannabes in parliament who believe someone owes them a vote or being elected……their delusions will finish them as it did David Cameron.

    “The gross over-confidence of politicians like Trump and Cameron might help explain inequality

    One does not have to look far in politics to find the Dunning-Kruger effect. ‘The lack of a referendum was poisoning British politics and so I put that right,’ Cameron has bizarrely concluded

    Ben Chu @Benchu_ 37 mins ago

    Cameron was once asked why he wanted to be prime minister and replied: “Because I think I’d be rather good at it.” Suzanne Plunkett/Reuters

    In 1995 a 44-year-old man called McArthur Wheeler set out to rob two banks in Pittsburgh. In preparation for the crime he smeared his face with lemon juice. Wheeler’s bizarre logic was that since lemon juice can be used as a kind of invisible ink on paper, the liquid would also render his face invisible to the banks’ security cameras.

    After the robbery police retrieved the surveillance tape and gave it to a local news channel. Wheeler was duly identified and then arrested. During his interrogation Wheeler was confused over how his cunning plan to avoid detection had failed. “But I wore the juice,” he reportedly mumbled.

    Wheeler’s delusions over his own competence as a criminal inspired two US psychologists, David Dunning and Justin Kruger, to run some experiments on undergraduates at Cornell University in New York. They asked students a series of technical questions on grammar and logic and asked them to estimate their scores and also estimate their rank relative to their peers.

    READ MORE
    Now is the time for Theresa May to abolish the House of Lords

    The results suggested that some students who performed badly not only considered themselves to have done well – but also believed themselves more competent than those who performed considerably better.

    Thus was established the “Dunning-Kruger effect”: the cognitive bias of illusory superiority. People who rate their talents highly sometimes just don’t grasp how incompetent they truly are.

    “This is more work than in my previous life,” Donald Trump told reporters from Reuters last week in an interview to mark 100 days of predictable fiasco from the property tycoon’s White House. “I thought it would be easier. This is actually more work.” Or as the former Apprentice personality might have put it: “But I wore the juice.”

    One does not have to look far in politics to find the Dunning-Kruger effect. David Cameron was once asked why he wanted to be prime minister and replied: “Because I think I’d be rather good at it.” Before the 2015 general election he solemnly warned that Britain faced an “inescapable choice – stability and strong Government with me, or chaos with Ed Miliband”.

    Surveying the chaotic British political scene in 2017 many have begun to question whether this was an entirely accurate prognostication. But not Cameron. Speaking in Bangkok last week Cameron said he thought he did a “reasonable job” as Prime Minister, despite his humiliating resignation last year in the wake of the Brexit vote. And he apparently has no regrets about his decision to hold that vote. “The lack of a referendum was poisoning British politics and so I put that right,” he concluded. In Cameron’s mind the lemon juice apparently worked a treat………………………..”

    Like

  19. Well Well & Consequences Observing Blogger April 30, 2017 at 12:11 PM #

    “Thus was established the “Dunning-Kruger effect”: the cognitive bias of illusory superiority. People who rate their talents highly sometimes just don’t grasp how incompetent they truly are.”

    But it gets even worse for these lemons”….trump, cameron etc, scum politicas who rise to the top.

    Ya see in Empire 1.0..their foreparents were capable of plotting, scheming and conniving evil, mischief and destruction for other people, particularly blacks, 500 years ahead, they however never factored in those with genetic memories who can not only see their evil ways but can effectively envision thousands of years futher into the future than these beasts’ foreparents ever could…rendering Empire 2.0, dead in the water…..a still birth.

    They do not even know who these blessed people are.

    Like

  20. Jeff Cumberbatch April 30, 2017 at 12:32 PM #

    *Jeff

    What are your thoughts on promoting this at UWI?

    http://bigthink.com/design-for-good/a-swedish-billionaire-will-award-5-million-for-reimagining-global-governance?utm_campaign=Echobox&utm_medium=Social&utm_source=Facebook#link_time=1493141971*
    @Vincent, Most intriguing will certainly spread the word in my Faculty!

    Like

  21. Well Well & Consequences Observing Blogger April 30, 2017 at 12:32 PM #

    http://www.independent.co.uk/news/uk/home-news/modern-slavery-failures-inexcusable-department-work-pensions-people-trafficking-a7709711.html

    This should surprise no one, seeing as their own destitution could be a reality in years rather than decades, UK will leave all options open to reinstitute their own version of modern day slavery for financial gain again, they will never rule it out, it worked very well to their benefit before for hundreds of years, centuries….their silence on this evil going on right in UK is deafening, very visible and noticeable. ….this is not the 1400s to the 1900s anymore however.

    “Inexcusable’ failures in UK’s response to modern slavery leaving victims destitute while abusers go free, report warns

    Thousands of modern slavery victims have not come forward, while others who have chosen to report their enslavers have ended up destitute as a result of insufficient support, say MPs

    May Bulman @maybulman 12 hours ago19 comments

    The United Nations estimates that as many as 27 to 30 million people are caught in the slave trade industry Rex
    “Inexcusable” failures in the UK’s system for dealing with modern slavery are leaving victims reduced to destitution while their abusers go free because they are not adequately supported to testify against them, an alarming report has warned.

    Thousands of victims have not come forward, while others who have chosen to give evidence against their enslavers have ended up destitute as a result of insufficient support, according to a report published today by the Work and Pensions Committee.

    It is estimated there are between 10,000 and 13,000 victims of modern slavery in the UK, but the report warns that failings in the current mechanism mean that once they are identified, they have no automatic formal immigration status or rights…………”

    Rudd to announce £11 million fund to tackle ‘barbaric’ modern slavery
    Human trafficking victim referrals surge almost 80% across UK
    Refugees being forced into ‘modern slavery’ by people traffickers
    Weak and uncoordinated frontline support means victims are often faced with a total lack of understanding or even recognition of their situation, which in turn has a negative impact on the number of successful prosecutions of slave masters, according to the findings.”

    Like

  22. Jeff Cumberbatch April 30, 2017 at 12:36 PM #

    Jeff any comment on today’s front page Sunday Sun report read the DPP’s plan to reduce time spent on remand based on revised guidance on trial committal proceedings? Of course you are aware there was the abolition of prelims.

    @David, No disagreement here! Anything that may expedite the trial of an accused individual without sacrificing his or her rights is a plus for the system of criminal justice.

    Like

  23. Jeff Cumberbatch April 30, 2017 at 12:40 PM #

    I am surprised that Jeff used a quote from the rather pedestrian Mark Cuban to illustrate his column instead of the colourful Louis XIV “l’état, c’est moi” or even “l’état, c’est nous” by one of the movers of the 20th century Vladimir Ilitch Oulianov.

    @Sargeant, I needed the word “enemy” in my quote for obvious reasons!

    Like

  24. Well Well & Consequences Observing Blogger April 30, 2017 at 12:48 PM #

    This commenter below said it best and there is a very good reason why UK, US ad other countres sells arms and WMD to these countries whose citizens then have to run away from their countries, for their lives.

    Those islands in the Caribbean should not start feeling special or become complacent, because with necessity being the mother of invention, something even more brutal is likely to be planned for you, than was experienced by your ancestors….

    …….ya have weak, greedy, mediocre governments, ya already starting from a point of disadvantage.

    “25 Comments
    SubscribeRSS

    Less than a minute ago
    billy sugar
    do slaves pay tax, if slaves are freed are they likely to need support. yes
    do those employ slave contribute to the economy. probably.
    it is an easy choice for the fascist tory government, after all the british empire grew great on the back of slavery and we are rolling back the clock to the good old days.”

    Like

  25. Vincent Haynes April 30, 2017 at 1:06 PM #

    WW&C

    Do you understand yet why I keep wanting the Pelaus of the Caribbean to pull together and paddle our own canoe.

    We follow a system not of our making,totally screw it up as was expected by the originators of it and we still wish to continue with it.

    We Pelaus irrespective of our pigmentation,greed,prejudice,ability to thieve or corruption are in the same canoe,we better start paddling now and sort out the rest later.

    Like

  26. David April 30, 2017 at 1:14 PM #

    Thanks Jeff!

    Shouldn’t we be concerned though the decision was forced on us because of a burgeoning case load and other admin challenges? Why not routinely examine the workflow of key activities e.g.individuals on remand and implement changes to improve. This is how best in class operations function.

    Like

  27. Vincent Haynes April 30, 2017 at 1:17 PM #

    Jeff

    Thanks…..that would be interesting if we were to come up with a new template for governance bearing in mind that our present one is not serving us as we would like.

    Like

  28. David April 30, 2017 at 1:31 PM #

    Resting this post here.

    Like

  29. Well Well & Consequences Observing Blogger April 30, 2017 at 1:33 PM #

    Vincent….no argument from me there….the 2 governments and the newer political parties act like they created that failed westminister system,is it any wonder it cant work, dont get me started on Grenville who is ready to prostrate his sorry ass before that old hag Liz of buckingham palace, they all better open their eyes and get their stupid heads out of Liz the hag and her families greedy, fraudulent asses……

    …….it’s like that is the only ambition of black politicians and government ministers…prostrate themselves before those who are only capable of hatred toward them and their people….idiots.

    The definitions of prostrate:

    “prostrate
    adjective
    ˈprɒstreɪt/
    1.
    lying stretched out on the ground with one’s face downwards.
    “there was a man praying before an idol, lying prostrate”
    synonyms: prone, lying flat, lying down, flat, stretched out, spreadeagled, sprawling, horizontal, recumbent, on one’s front; rareprocumbent
    “they surged forward around the prostrate figure on the ground”
    2.
    BOTANY
    growing along the ground.
    “mats of prostrate herbs can be used to break up expanses of soil”
    verb
    prɒˈstreɪt/
    1.
    throw oneself flat on the ground so as to be lying face downwards, especially in reverence or submission.
    “she prostrated herself on the bare floor of the church”
    synonyms: throw oneself flat, throw oneself down, lie down, stretch oneself out, bow low, throw oneself at someone’s feet; datedmeasure one’s length
    “he prostrated himself on the altar mat”
    2.
    reduce (someone) to extreme physical weakness.
    “she was so prostrated by migraine that she could scarcely totter up the stairs to bed”
    synonyms: overwhelm, overcome, overpower, bring someone to their knees, crush, devastate, make helpless, paralyse, lay low, make powerless, debilitate, incapacitate, weaken, enfeeble, devitalize, enervate, handicap, immobilize, hamstring, make impotent, wear out, exhaust, tire out, fatigue, weary, make weary, drain, sap, wash out, take it out of, tax, overtax, undermine; More”

    What took the DPP Charles Leacock over 15 years to figure that out, what the hell was he doing all this time on the taxpayer’s salary….he obviously thought that it was a joke and things wont get that shitty in the court system…, another shortsighted jackass.

    Like

  30. Well Well & Consequences Observing Blogger April 30, 2017 at 1:34 PM #

    Lol……

    Like

  31. Well Well & Consequences Observing Blogger April 30, 2017 at 1:37 PM #

    I wish Commissiong would sue Dennis Kellman…just in principle. ..lol

    Like

  32. Jeff Cumberbatch April 30, 2017 at 1:38 PM #

    Shouldn’t we be concerned though the decision was forced on us because of a burgeoning case load and other admin challenges? Why not routinely examine the workflow of key activities e.g.individuals on remand and implement changes to improve. This is how best in class operations function.

    In other jurisdictions, there are Law Reform Commissions to examine such mattes routinely!

    Like

  33. Vincent Haynes April 30, 2017 at 1:44 PM #

    David

    He said what he intended and can no doubt justify it by explaining his ability to communicate via fb with the nether world…..a bit like Bushie’s ability to talk to BBE…..they may even be related…..you never know.

    Like

  34. Vincent Haynes April 30, 2017 at 2:51 PM #

    I note that no one has commented or congratulated David Ellis on his elevation at Starcom…….congrats David.

    Like

  35. Gabriel April 30, 2017 at 2:58 PM #

    Jeff
    Admirable prose as always.You must possess some Combermere influence or association
    somewhere.Cully,deMuff,deBull,GRBraff,HarryEss,GoBells,LizzyJordan,AAClarke,Harl,KapSandy,Newton deEarl.They mesmerized with their word and wit.
    What’s amusing is that rumour out there that froon is just a lawyer.It is likely that he does not know half of what you have so clearly and concisely set out and which would have spared DC the time and the censure of ‘jawbone’ Kelly.

    Like

  36. Jeff Cumberbatch April 30, 2017 at 2:59 PM #

    I note that no one has commented or congratulated David Ellis on his elevation at Starcom…….congrats David.

    Well deserved, David (Ellis)!

    Like

  37. David April 30, 2017 at 3:09 PM #

    @Jeff

    This law commission thing seems a good idea IF one wants to keep jurisprudence sharp.

    http://www.lawcom.gov.uk/

    In the event AG Brathwaite needs a push start.

    http://r.duckduckgo.com/l/?kh=-1&uddg=http://www.clrc.ca.gov/

    Like

  38. Jeff Cumberbatch April 30, 2017 at 3:10 PM #

    Jeff
    Admirable prose as always.You must possess some Combermere influence or association
    somewhere.

    Thanks, Gabriel. I do have some Combermere contemporaries as good friends, and my daughter attended there up to last year, but my sole direct connection is that there is where I sat the Common Entrance Part II examination nearly fifty years ago!

    Like

  39. Andrew Simpson April 30, 2017 at 3:56 PM #

    Might we have a box on the ballot paper in which to place our X to vote for “none of the above – please reduce taxes accordingly.” Maybe then the Permanent secretaries and other technocrats in the various divisions / departments might be allowed to do their jobs.

    Like

  40. Gabriel April 30, 2017 at 4:39 PM #

    Jeff
    Thought there was some connection…then,that’s where it all started nearly fifty years ago..kolij gain,our loss.Nevertheless, here’s to a meeting of the minds.Chapeau!

    Like

  41. independent voice April 30, 2017 at 5:20 PM #

    Well said Angela Skeete

    Like

  42. Well Well & Consequences Observing Blogger April 30, 2017 at 5:55 PM #

    https://www.barbadostoday.bb/2017/04/30/bajans-advised-to-pull-their-weight/

    Oh well…Did he also tell that to the welfare parasites the Maloney, Cow, Bizzy, Bjerkham gang. I hooe he knows he has to tell the minority welfare rats they cannot get any more taxpayers or National Insurance pension money….no more tiefing from the people by the hundreds of millions of dollars.

    “Bajans advised to pull their weight
    Added by George Alleyne on April 30, 2017.
    Saved under Local News
    4
    Prime Minister Freundel Stuart has forewarned Barbadians to prepare to carry ‘more of the weight’ for their livelihood as they move into the next 50 years of this country’s independence.

    Stuart said Barbadians have come of age economically and can now be weaned off the multiple social services provided by various governments since independence.”

    Dr. Juliet Daniel…remains a bajan powehouse scientist…in Canada.

    Like

  43. fortyacresandamule April 30, 2017 at 6:42 PM #

    @David.Prelimiary hearing abolition without addressing other slacks in the system would only transfer the problem to the supreme court. I think the time has come for us to do away with the jury by trial system, only to be used by those convicted of a first degree capital murder.

    Like

  44. Ali Baba April 30, 2017 at 9:02 PM #

    KELLMAN I FEEL YOUR HEAD GET SQUEEZE AT DELIVERY, THUS REDUCING THE SIZE OF YOUR THINKER, LATE LAST YEAR U RAN UP UR UGLY MOUTH ABOUT SAGICOR ON B/TAX…..FORCING MR MILLER TO CALL BRASSTAX FROM TRINIDAD WHILE IN AH BOARD MEETING, AN ASK THE PRIMEMINISTER TO HAVE AH TALK WID U….IF THEY HAD TOOK LEGAL ACTION BARBADOS WOULD HAVE HAD TO FORK OUT $$$$$$$$$$$$$$$$$$$$$$$$$$………..U HOLD OFF FOR AH WHILE AND NOW YA BACK AT IT, U NEED TO BE TAUGHT AH LESSON FOR UR LONG UGLY MOUT

    Like

  45. Well Well & Consequences Observing Blogger May 1, 2017 at 4:39 AM #

    Government orruption combined with idiocy destroys any country.

    “(The Guardian) The president of Tanzania has ordered the immediate dismissal of more than 9,900 civil servants after a nationwide verification of academic credentials uncovered workers with forged school and college certificates.

    Elected in October 2015, John Magufuli has also dismissed several senior officials, including the head of the government’s anti-corruption body, the tax chief, a senior rail official and head of the port authority as part of a wider anti-corruption drive.

    Businesses have long complained that corruption and government inefficiency were major obstacles to investing in Tanzania.

    The crackdown on fake degree holders comes after another purge launched in March last year discovered more than 19,700 “ghost workers” on the east African country’s public sector payroll.

    “We have been working hard to create new jobs while there are people in government who hold fake degrees,” Magufuli said on Friday after receiving a report on academic fraud in the civil service.

    The government had also been losing 238bn shillings (£82m) each year to “ghost workers”, he said, adding that they had now been removed from the public payroll.

    Tanzania spends more than £200m a month to pay civil servants’ salaries. The government believes the public wage bill is bloated, with more than 550,000 civil servants at national and local levels.

    Magufuli ordered officials to “name and shame” by publishing a list of all civil servants with forged academic qualifications.

    “These people occupied government positions but had no qualifications … they robbed us just like other common criminals,” he said.

    The president added that the audit had also found that the academic records of more than 1,500 civil servants were used by multiple people, while more than 11,500 government employees had incomplete academic records.”

    Like

  46. Well Well & Consequences Observing Blogger May 1, 2017 at 5:04 AM #

    http://www.nationnews.com/nationnews/news/96334/-blame

    What the hell….lol…just how many decades did it take Fruendel to figure this out and with Barbados having self determination and political independence for the past 50 years with 2 BLACK governments at the helm, did the colonists stop you from changing the screwed up system or spending patterns in the last 50 years…no….

    ………yall continued the same useless, unworkable patterns, cursed, destroyed the lives of and starved your own people who tried to tell you ya on the wrong path, continue to bend over backwards to impress the same colonists with ya slaveminded stupidity, ya even dumb eniugh to continue kowtowing to said colonists, picking up taxpayer’s money to fete them at Llaro Court, I know of no other government stupid enough to do that either…

    …..ya buried a damn pitchfork to impress the colonists….now ya got the balls to blame the colonists for your own disastrous actions over the last 50 years, still trying to not take responsibility…..when you are the ones who insisted on remaining slaveminded with ya heads buried up the UK and buckingham palaces’ ass….you people are sick…..and hopeless, ya need help ya really do…

    …..so now that ya have been hit by enlightenment Fruendel, what are you going to do to change your bad spending habits that ya claimed the colonists made you do…..

    …..Bushman, Miller, do any of you believe this, these scum ministers and politicians destroyed the lives of their fellow blacks who told them they were on the wrong path, for 50 years, many died broken people, one died after being forced to live under a tree because the niggers of parliament did not want to hear him, they had white people in Barbadps and UK to impress and he was getting in their way…destroying their own people to impress whites, now this slaveminded current prime minister suddenly seeing the light….a year before election…..he can blame colonists for his own actions..

    “THE ISLAND’S PATTERN OF SPENDING can be blamed on its 339 years of colonialism, says Prime Minister Freundel Stuart.

    It is because of that history, he said, that Barbados was grappling with high expenditure associated with sectors like education and health.”

    Like

  47. independent voice May 1, 2017 at 5:27 PM #

    Is Kellman a citizen of this country first or a politician first and a citizen last . I am just trying to understand his Constitutional rights and how does those rights apply to him

    Like

  48. Gabriel May 1, 2017 at 7:07 PM #

    “The islands pattern of spending can be blamed on its 339 years of colonialism says PM Freundel Stuart.It is because of that history that Barbados was grappling with high expenditure associated with sectors like education and health.”
    Would the DLP camp followers like Alvin Cummings care to elaborate on this perception of his mentor,the one and only FJ Stuart,historian of sorts.

    Like

  49. angela Skeete May 1, 2017 at 7:59 PM #

    Gabriel you and the blp yardfowls would never understand the wisdom of FJS until then your backsides would continue to be back bench warmers the only thing you blp yardfowls understand is rubbing shoulders and a whole bunch of poopy cock political noises ,go figure

    Like

  50. Artax May 1, 2017 at 8:22 PM #

    @ David

    Kellman seem to be suggesting the gentleman lost his life as a result of attending the BLP’s picnic.

    And what is more disturbing is that ignorant DLP yard-fowls will come to BU attempting to defend this moron.

    For making that provocative, sarcastic and insensitive comment, I hope Denis Kellman loses the St. Lucy’s seat and his deposit in the 2018 general elections.

    Like

  51. Simple Simon May 1, 2017 at 9:07 PM #

    @Vincent Haynes April 30, 2017 at 9:11 AM “the agencies have also uncovered the IP address of BBE”

    God has an internet address?

    Quick, quick, delete all that porn from offa the internet.

    Because as we well know, God don’t like naked people, especially naked people doing rudeness.

    Like

  52. William Skinner May 1, 2017 at 10:56 PM #

    These BLPDLP supporters are so hypocritical;
    Lionel Craig said that if your name is Douglas Leopold Phillips , you should starve
    Kellman says you are an enemy of the state if you put the government in court.
    So the BLPDLP would either starve you or declare you an enemy !!
    Same old same old…pot calling kettle black…six of one half dozen of the next …wuh loss

    Like

  53. Well Well & Consequences Observing Blogger May 2, 2017 at 4:32 AM #

    Fruendel replaced Kellman as the laughing stock…lol….Kellman will now have to make an even more idiotic statement to surpass Friuendel’s…. blame the dead, white colonists for DBLP’s actions or lack of in the last 50 years…lol

    As someone pn facebook said, at least the dead, white colonists are finally pf some use to black people, they can now take the blame for black government ministers actions….or lack of…..lol

    Like

  54. Artax May 2, 2017 at 9:41 AM #

    I’m sure Barbadians admonished Lionel Craig at the time he made that idiotic comment, as they are similarly, and rightfully so, condemning Kellman for making an equally idiotic statement.

    To suggest Craig’s comments re: “if your name is Douglas Leopold Phillips, you should starve,” as enough to “absolve” any politician of criticism when they talk shiite, is not only NONSENSE, but is similarly idiotic as the comments made by Craig and Kellman…….. “wuh loss.”

    Like

  55. Gabriel May 2, 2017 at 11:18 AM #

    Artax
    Where William Skinner is concerned you can turn down your pot when it comes to using every opportunity to take a deep stab at the BLP and a slight glancing blow to the DLP.Where the ENDS are concerned they have never nor will they do any wrong to the body politic in Barbados.Is it not strange that the BLP’s color is red,the DLP blue and the ENDS white.I am reminded “though thy sins be as scarlet,they shall be as white as snow”.

    Like

  56. Artax May 2, 2017 at 4:36 PM #

    @ Gabriel

    Yes, I agree with your comments re: “Where William Skinner is concerned you can turn down your pot when it comes to using every opportunity to take a DEEP STAB at the BLP and a SLIGHT GLANCING BLOW to the DLP.”

    Yet he comes to BU pretending to be a “man of thick moral fibre,” while characterizing members and supporters of the BLP & DLP as being hypocritical.

    However, if you were to analyse his comments, surely you must agree he also displays some measure of hypocrisy as well.

    Like

  57. Alvin Cummins May 4, 2017 at 6:16 PM #

    Gabriel, in your list (Cawmere teachers) you left out (I am sure inadvertently, Mr. Wharton. Kindly insert.

    Like

  58. Vincent Haynes May 6, 2017 at 9:25 AM #

    Jeff

    Another one that UWI could make some money from…..

    Carbon XPRIZE is turning air-trash into treasure. #HistoryNOW #EarthDay #CarbonXPRIZE #ReimagineCarbon

    Like

  59. Vincent Haynes May 6, 2017 at 9:26 AM #

    Like

  60. Hal Austin May 6, 2017 at 11:11 AM #

    A couple weeks go I praised the French educational system. I would recommend that the Sparta/Athens war be taught in all Barbadian secondary schools for the basic principles of democracy.
    It will also tell us something about citizenship and the right to vote. I have also mentioned that sometime ago Kellman appeared with Justin Robinson talking about pensions. Against my better judgement, I had to shout at the minister. It was clear that he did not know what she was talking about, and Justin declined to defend the mis-management of the NIS.
    Is Solutions Barbados planning to introduce a basic test for would-be ministers?

    Like

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