Two Davids Share A Common Purpose
It has long been a convention in civilised countries that judges should not mix socially with politicians for the simple yet profound reason that to do so takes away from the appearance that the judiciary is independent from the political branch of government. For a similar reason in many jurisdictions judges will not mix socially with lawyers so there can never be a question as to a judge favouring one lawyer over another.
In Barbados though our Chief Justice doesn’t care about such appearances. SIR David Simmons was a former Attorney General who accepted the position of Chief Justice mere months after resigning. When his old cabinet friend Owen Arthur gave him the job, David Simmons happily took it – knowing that it made a mockery of the Office of the Chief Justice.
Now with the change in leadership, David Simmons is courting the Prime Minister (or maybe the other way around) but neither of them care about appearances.
David Thompson, David Simmons - Two Barbados Politicians
How ironic that the two of them enjoyed each other’s company so well at the very celebration of the founding of the nation that they mock.
And the worst part about it is that many citizens have been conditioned to see nothing wrong with the above photo.
Further Reading
The Nation: PM’s Help Plea
64 Comments
December 1, 2008 at 5:45 pm
With whom should judges mix socially then?
December 1, 2008 at 6:15 pm
Juris
everyone except the politicians who can exercise influence over them by elevations to higher office, increase in pay or tenure or intimidation to influence a case by delays, judgment or otherwise. Its called the appearance of justice.
You would know this by the very extensive details of ITAL and FOI that the citizens have been promised by and received from their new government (LOL).
The concept of checks and balances and separation of the the judiciary with other branches of government is a complete farce in Barbados.
December 1, 2008 at 6:27 pm
Listen, reality check, if as you admit that the politicans can exercise influence over the judiciary in the ways you outlined (in fact they can’t) then there is no independent judiciary anywhere in the world. In large measure the independence of a judge is up to the judge him- or herself and the extent to which he or she will allow themselves to be influenced. No amount of non-mixing will prevent that. And don’t you see a difference between a private gathering and an official state event? Come in akabozik and straighttalk!
December 1, 2008 at 6:32 pm
You’re so right, BFP!! and I really, had Thompy down for being more sensible than that, not to mention the judge, himself!! This time I’m just too, tired to speak!!
December 1, 2008 at 7:11 pm
Really, you people want something to talk about. The format there on the 29th is the official seating format. For years this has been going on; why talk about it now? When decisions has to be made and whether or not they appear to be speaking, they can still call and talk
December 1, 2008 at 8:52 pm
Dear Juris:
I always felt that judges had no friends, and mixed socially with no one.
December 1, 2008 at 10:08 pm
BFP ,you really scraping the bottom of the barrel to drum up controversy. Surely one can appreciate the difference between attending a state function and a partisan political event. It is normal that the key members of a civil society attend these functions. In our system these comprise of the elected MPs, members of the judiciary, senior civil servants and leaders of the security services (Police, Defence Force et.al). Some leaders of Commerce & Industry are also likely to be invited.
There is nothing wrong with the Chief Justice attending any state function.
December 1, 2008 at 10:15 pm
the last day on the job for Winston Collymore as chief executive officer of the Queen Elizabeth Hospital (QEH).
December 1, 2008 at 10:24 pm
BC’S BARBADOS: Trident true
Published on: 12/1/08.
by B.C. PIRES
“The way forward for the West Indies is the CSME, Trinidadian matches (boxes properly filled), Mo’ Bay, St Lawrence Gap and West Coast tourism, Guyanese farming and hydroelectricity, Trini oil and gas, Grenadian nutmeg and all, four Bajans in the Test team (a Guyanese at No. 3), one prime minister, one foreign policy, one nation.”
Should we discuss this topic.
Mr. B.C. Pires seems to have a problem with Barbados and Bajans. His weekly anti bajan rantings continue even though Lowdown has been chastising him.
I am opposed to any “arrangement” other than a Free Trade agreement among sovereign Caribbean states.
December 2, 2008 at 2:50 am
Oh come on, this is an official function. Where should he sit ,BFP ?At the back.Perhaps he shouldnt have come at all.But then you would complain why he didnt turn up.Can’t please some people though.
December 2, 2008 at 9:30 am
Hants, yes I have noticed Mr.Pires rants. I perceive that he may be playing ‘devil’s advocate’, nevertheless, some believe that in doing so, the ‘line’ may have been crossed along the way, becoming disrespectful rather than constructive.
If he had any real problem with BIM, the airport is always open and the route to the airport is free, safe and clear, unlike in T&T.
I had thought to post a note here at some point addressing these rants, but, busy as I am, never have.
In terms of what you quote above, said before many times here, CSME in theory would be sound economic theory, but just that theory.
Such theory would also mesh with Mr.Mannings lastest long-term intentions of being the ‘CSME President’.
Nevertheless, CSME in practical terms is already ‘done with’.
Latest evidence being Mr.Mannings attempt to create his own little kingdom with the Grenada et al, outside of the auspices of CARICOM.
The other recent formation i.e. CCJ, with its so few members, also clearly displays the long-standing fragmentation of these islands, such that any justification for sustainable CARICOM is bordering on the ridiculous.
As for our partners, I have long said that Barbados, with its special relationship with Guyana from ‘long-time’, needs to build on that relationship and enter production joint ventures with that nation, both in food production and for building materials. This would include not only assistance in the origination i.e. farming infrastructure and building material infrastructure, but in packaging, canning, end product sales.
Even though T&T investors hold ownership of most Barbados large entities, I see little future in cross-production between T&T and Barbados.
Indeed, most of the T&T ownership of the large entities are in real estate, financial services and retail, all local service sectors rather than export-productive sectors, thus taking rather than giving.
As I have said before, Barbados has much stronger ties with the UK and Canada than any of the other CARICOM islands, that is our leverage and what we must build on and ensure that such is not eroded by clever political tactics.
I look forward to other comment.
Peace & Live Strong.
December 2, 2008 at 9:39 am
BFP:
I join others in noting that the photo above, of a state function indicates noting untowards.
Indeed, even merely a Governmental funtion such as a reception for an international ambassador, would be appropriate for the presence of our Judicial officers.
In alleging impropriety such as above, comes across as being overzealous and thus makes for dilution of potential valid analysis at other times.
I suggest it be removed for irrelevance.
Peace & Live Strong.
December 2, 2008 at 11:15 am
I’m with Barbados Free Press on this. You will notice that at public functions in the USA, Britain, Canada etc the judges sit together for the very purpose indicated in BFP’s article: so there is no appearance of being cozy with the government.
Add this latest photo of David Simmons to his attending the Chinese Embassy for a political function and you see that the Chief Justice is still a politician.
This is not the way things are supposed to be.
Here is the Chinese Embassy visit where the Chief Justice again accompanied the Prime Minister.
It stinks. It looks bad but like BFP says most Bajans have been so uneducated in how ITAL and democracies are supposed to work that they can’t recognize how inappropriate the actions of the Chief Justice are.
http://barbadosfreepress.wordpress.com/2008/10/03/would-bussa-have-accompanied-barbados-chief-justice-and-prime-minister-to-chinese-embassy-celebration/
December 2, 2008 at 12:01 pm
Soon as people and other judges see Simmons and Thompy cozying up laughing they know the fix is in. Simmons knows better but shows that he does not care.
December 2, 2008 at 12:05 pm
come on guys that seating arrangement is what protocol dictates, there is no mention of a Deputy PM in our constitution hence the position of the CJ in the pecking order,don’t read into this more than there is. If you talk of investigative journalism what you need to do is get up and check the real story behind Peter Allard and the Graeme Hall Santuary that you keep pushing on bajans another expatriate who come out of the blue looking to trick us out of our birth right, when it’s not economically viable we threaten to close, thought phlianthropist didnt operate for profit.
December 2, 2008 at 12:28 pm
@Aloud -
Nobody is tricking us out of our birthright at Graeme Hall. We’re tricking ourselves out of our most precious lands by selling them to foreigners, or have you forgotten that? We need to get our lands back in local ownership, and you need to stop complaining about how you or your friends weren’t able to make a ton of money on a deal that has nothing to do with Graeme Hall. Look in a mirror, man.
December 2, 2008 at 1:15 pm
David Simmons has always been a politician. How could he be an “independent” Chief Justice when he used to be Attorney General and Acting Prime Minister?
Wat is new is that the blogs are calling him on this corrupt behaviour and how he should not have accepted the position to begin with!
December 2, 2008 at 1:38 pm
[...] Barbados Free Press believes “that judges should not mix socially with politicians for the simple yet profound reason that to do so takes away from the appearance that the judiciary is independent from the political branch of government.” Posted by Janine Mendes-Franco Print Version Share This [...]
December 2, 2008 at 2:12 pm
The courts are only another branch of government, what’s the big deal?
December 2, 2008 at 3:43 pm
Was Thompson or Simmons responsible for their seating arrangements?
*****************
BFP says,
Yes, BGR, the Chief Justice became responsible for the seating arrangements when he sat down next to the top politician in the country. But Simmons doesn’t care about appearances because if he did he never would have accepted the office of the Chief Justice in the first place. But he valued the personal power and prestige more than the independence of the office itself.
December 2, 2008 at 4:08 pm
And the worst part about it is that many citizens have been conditioned to see nothing wrong with the above photo.
********************
You’re so right, in this instance, BFP!! And some of those citizens, are obviously, here, as subscribers to this blog!!
The kindest, remark I can make about this is that it shows a glaring gap in the education of most Barbadians, about constitutional matters, to the obvious detriment, of our country!!
December 2, 2008 at 5:22 pm
What stupidity!!! On the one hand, BFP is claiming that the P.M has the C.J’s days numbered; that he wants getting rid of. You even state that he is being pressured to retire. One a number of occasions when the G.G was not available and the C.J, by protoco, should replce him, the P.M used some-one else. This was fodder in your camp. Now that you see them talking you feel disappointed, it seems. Check yourself, your coat-tail is showing; your bias is too blatant. Stop trying to stir up strife; you should be building unity not disunity. Time we see the positive, take a leaf out of President – Elect Obama’s book, reach out, be bi-partisan for the good of the nation.
December 2, 2008 at 6:21 pm
Hants,
Any idea what is the price tag for the 42nd Independence Gala/Parade?
It was foreseeable that having the parade at night, despite calls from Barbadians not to – would have meant lighting, seating and those fire works, which “add up” to additional cost.
What was the final price tag? Three million I hear! Is that correct, Hants?
You know, even if it is $3 million, the President of a country once spent a lot more on his birthday.
December 2, 2008 at 7:30 pm
Er, Scout, on the question of stupidity, would it be more stupid or less stupid if you re-read your posts first, before posting them, and corrected the stupid grammatical and other errors?
December 2, 2008 at 9:05 pm
199
Is that ALL the fault you find? If your answer is yes, then I would get an A+. At CXC they look for substance not for the simple grammatical mistakes, you don’t even have to spell a word right once they understand what you mean. Obviously You understood what I meant and the substance was SOLID . FOOL
December 2, 2008 at 10:50 pm
BFP
To follow your line of argument then Simmons should have exchange reserved seats, upsetting the whole seating arrangements, making himself look like a fool or worse provide fodder for those around him.
Anyway, Thompson sat next to Simmons, not the other way around.
So protocol in relating to seating etc needs to be change to separate the judiciary from the political branch of government.
I agree with Rump, a little overzealous. At least from that end.
******************
BFP says,
We are trying to change a corrupt culture here and attitudes like yours are why things remain the same.
The truth is the people of Barbados have been conditioned to behave like sheep to let the elites do as they please. The fact that those in charge of the so-called “protocol” for the event are ignorant of basic democratic principles like the separation of powers is an indictment of them, the PM and the CJ… not of Barbados Free Press and those citizens who are disgusted.
December 3, 2008 at 12:06 am
Come on BFP!! Much ado about nothing. How is the PM sitting next to the CJ going influence whether somebody is going to be on the take or not? This was an official function and there is something called protocol. Let us talk about the recession and how to find ways to ride it out because I find that a lot of Barbadians are not taking it seriously enough.
December 3, 2008 at 12:32 am
@ Tony Hall
“Let us talk about the recession and how to find ways to ride it out because I find that a lot of Barbadians are not taking it seriously enough.”
I have been trying to do that but Bajans on this blog seem to be very well off and unconcerned with the rest of the world.
We will soon find out is Barbados really is Utopia.
Lots of action up here in Canada though with 3 opposition parties signing a deal to overthrow the Harper government.
December 3, 2008 at 1:41 am
The Liberals, New Democrats and Bloc Quebecois, which together control a majority in Parliament, signed a pact Monday agreeing to vote to oust Harper’s minority government next week and setting the structure for their proposed coalition government.
At least we only have 2 choices in Barbados.
December 3, 2008 at 1:48 am
Mrs. Yvonda Callender, acting head of the National Library Service, who also urged all Barbadians to care the new facilities while noted it is hoped that within one year they can fully return to Coleridge Street which has to undergo extensive renovations.
Guess what. Wanna get de Bridgetown Library back.
December 3, 2008 at 4:25 am
Dear Hants-
excuse my ignorance,
what is the location of the library right now?
————-
RE: Canada’s coalition gov’t-
do you think that is something Barbados
needs to work towards?
————————
December 3, 2008 at 4:28 am
RE: Gala night issues-
cost- over $3 million… wow!
I can only think of 1000 ways to spend
that money..
seating- I agree with sitting apart..
only leaves us to wonder about
where else they are ’sitting next to
each other’
*sigh*
December 3, 2008 at 4:39 am
@ Miss. Mary
new facilities now located at the former Modern Living Building at Independence Square in Bridgetown, and all sections with the exception of the reference section have been moved from Coleridge Street.
December 3, 2008 at 6:28 am
The Chief Justice is a politician’s politician. Always has been, always will be. Him sitting beside the PM is nothing compared to the abuse of the independence of judges that Simmons did when he went from Attorney General to Chief Justice in the blink of an eye. I agree with BFP though that Bajans don’t know there is wrong being done because we are used to being like sheep.
December 3, 2008 at 7:53 am
BFP says,
We are trying to change a corrupt culture here and attitudes like yours are why things remain the same.
The truth is the people of Barbados have been conditioned to behave like sheep to let the elites do as they please. The fact that those in charge of the so-called “protocol” for the event are ignorant of basic democratic principles like the separation of powers is an indictment of them, the PM and the CJ… not of Barbados Free Press and those citizens who are disgusted.
*********************
That told them, BFP!! Can’t believe that modern, Barbadians can be so stupid, including Scout!!
December 3, 2008 at 9:05 am
199, you were chiding someone earlier for poor grammar and now you put a comma between an adjective and the noun it describes?
Separation of powers, BFP? Who appoints the judges?
December 3, 2008 at 4:02 pm
Juris, I like commas and place them where I choose, however, the much more important subject here is the juxtaposition of the judiciary and the government!! Let’s get our priorities straight, Mr Juris!!
December 3, 2008 at 4:03 pm
Ms. Mary wrote “RE: Canada’s coalition gov’t-
do you think that is something Barbados
needs to work towards?”
No we should NOT.
Just because the Canadians can’t make up thier minds, you want us to follow them down that foolish road?
Stupseee!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
December 3, 2008 at 4:09 pm
Dear Juris and 199:
Can we, just agree, that next time, the PM, and the CJ, are at an official function, we will place a comma, between them,?
December 3, 2008 at 4:31 pm
@ J
The 2 party system in Barbados is better.
The Canadian system has 3 mainstream parties plus a seperatist party in Quebec.
That is why we have a crisis at the moment and the Govenor General will be involved in sorting out the “confusion”.
December 3, 2008 at 4:49 pm
Can they at least say good evening to each other, J? And no one has answered my question. Who appoints the judges?
December 3, 2008 at 5:01 pm
Juris
December 3, 2008 at 4:49 pm
Can they at least say good evening to each other, J? And no one has answered my question. Who appoints the judges?
*********************
Juris, r u just being silly for silly’s sake!! If u r that’s fine but do, please, let us know cause I tired an in got time to waise pun dis!!
As far as I’m aware, it’s the PM who appoints the judges! That’s part of the whole problem, don’t u see!!
Please bro, this subject’s too, important to waste our time with nonsense!!
December 3, 2008 at 5:55 pm
Dear Juris:
I was just being a little naughty with my last posting.
As an old fashioned Barbadian parent. I DEMAND that they say good evening to each other.
December 3, 2008 at 5:57 pm
And Juris, since you are a Juris you are the best one to answer your own question for yourself and for the rest of us ignorant non-juris’
December 3, 2008 at 6:59 pm
Is the Chief Justice involved in a rather important, court case in Canada?? I don’t remember for certain but if he is, I can see a very good case for his not remaining our Chief Justice until the case is settled!! I don’t approve of our CJ being a potential, criminal!!
What does anybody else, think!!
December 3, 2008 at 7:40 pm
Wanna is Bajans?
Every Politician,Lawyer,Judge,magistrate,doctor,
dentist in Barbados know each other as friends or acquaintances.
The black middle and upper class are all “friends”.
I does live in Canada and I know that.
You have to hope that these people who become Judges have the strength of character to do their jobs honestly.
December 3, 2008 at 7:51 pm
199
The P.M involved in the same case too. What are you going to do, remove him too?
December 3, 2008 at 9:53 pm
Scout, and the butcher, the baker and the candlestick maker as well….
December 3, 2008 at 11:00 pm
Let the chips fall where they may:
From what I read the case in Canada is not even the fraudulent land grab by well hidden but connected, Bajan elites.
The substantive case where the skeletons fly out of the closet will follow.
Unless BWWR gets her way and keeps the lid on the dirty dealings of BOTH political party bigwigs.
Keltruth has threatened the status quo, and as expressed through their mouthpiece, BWWR, boy are they scared.
“She” protests all Bajans are indicted by this ill-concieved action.
I have to tell her I have nothing to hide, and if someone in my country’s name has committed any act to bring shame upon Barbados be that on their own heads, let the truth be revealed, and justice prevail.
Alternatively if this is a malicious action brought about by a spurned philanthropist to denigrate our nation, let us know the judgment of our learned colleagues and lay the blame there.
I cannot see the flames as yet, but there is too much smoke to pretend there is no fire.
December 4, 2008 at 12:32 am
I perceive that a much more useful analysis than above would come from an investigation of the workings of the Freemasons in Barbados.
December 4, 2008 at 12:35 am
This is not to say that either of the above two gentlemen are members of such brotherhood, but merely that such memberships generally have more implications for the island than associations at public functions.
December 4, 2008 at 3:04 am
I expect that both gentlemen are Freemasons.
I believe that in Freemason “theology” the highest loyalty is to the brotherhood.
December 4, 2008 at 5:06 am
You have to hope that these people who become Judges have the strength of character to do their jobs honestly.
***********
I’m really, getting fed up with some of the childish, nonsense I’m reading on this blog!! You think we should rely on ‘hope’, do u!! What do u suppose we’ve been relying on up to now!! And has it worked?!!
All I can say is that: “BFP, it seems as though you’ve still a long way to go, in penetrating some thick, skulls”!!
******************
It’s a reasonable, point Scout. To be frank, I’m not certain of the answer but I should think a CJ is much more easily, replacable than a PM!!
J, if that’s the case then such membership should disbar a person from holding public office, in Bim!!
December 4, 2008 at 5:55 am
199
All I’m saying is that both should step aside and have this matter resolved or they both stay and have the bigger matter of puting this country on an even keel.
December 4, 2008 at 8:06 am
Thank you Scout. I understand your position and have sympathy with it. However, in respect of my own opinion, I can only refer you to my last, previous reply!! I’m uncertain but BFP might desire to express a further opinion!
December 4, 2008 at 10:13 am
BFP, your argument is crazy. The “freest Nation in the world” will in a few days have the Chief Justice – appointed by a politician – administer and oath to a new President and then sit next to him at the innauguration ceremonies!
Politicians pick judges everywhere in the world!
It is not what happens when our eyes are open. It is what officials do in the dark when no one is watching that is the issue.
BFP, please stop being so silly.
December 4, 2008 at 4:27 pm
The fact that those in charge of the so-called “protocol” for the event are ignorant of basic democratic principles like the separation of powers is an indictment of them, the PM and the CJ…
…………………………………………….
Then those in charge of the so-called “protocol” need to be educated and demand change. Faulting the PM & CJ for sitting next to each as per protocol is childish. Attack the system. Not the followers of the system.
December 4, 2008 at 5:45 pm
The requirement for the CJ to be a POLITICIAN, is not obvious to me!! Perhaps, it is, to the remainder of u!!
December 4, 2008 at 5:57 pm
David Simmons ceased being a “follower” of the system when he became a Member of Parliament and then Attorney General. He became a lawmaker and then the top lawmaker and then the top law decider. It was cozy when he went from a cabinet member to the Chief Justice. Too cozy.
December 4, 2008 at 7:16 pm
I don’t believethat such a childish issue could evoke such interest while big ugly dark clouds are hanging over this countyr and we bajans behaving so callous.
December 6, 2008 at 12:19 am
On Tuesday 25th November 2008, the ruling DLP went to Parliament and amended the Special Loans Act so that it can now borrow an additional one billion dollars.
It also amended the Local Loans Act which will now allow it to borrow an additional five hundred million dollars.
This is the same DLP which said when in Opposition that Barbados has a debt crisis; that the debt was too high and that the then Government was burdening future generations with debt.
In his first address to the Sixty-Third Session of the United Nations General Assembly, on September 26, 2008 – Mr. Thompson gave a commitment to reduce the level of the domestic and international debt.
In its 2008 Manifesto and on page 21 of the Throne Speech, the DLP also committed to “a tightly managed debt accumulation strategy targeted at the reduction in both domestic and foreign components of the national debt.”
The DLP therefore has a serious credibility crisis.
Its morning words and its evening words do not agree!
Having said that the national debt is too high, it will now borrow $1.5 billion.
Hants! The question is, what penalty should be imposed on a government that promised “change,” “good governnance” and “integrity” but does the opposite?
December 6, 2008 at 7:46 am
How government ministers behave when the air of suspicion hangs over them, in some more responsible, countries. They resign until all suspicion is cleared!! Need I say, more!!
http://www.thesun.co.uk/sol/homepage/news/article2010978.ece
December 6, 2008 at 9:26 am
Eye95
You know the old Bajan adege “it is six of one and half dozen of the other.” The other party had their share and this crowd turn now come. We poor non -political bajans got to stock the fire, work hard for these greedy bastards to live big and drive around big jags and big ride SUV’s among other things. When are the forensic investigations and inquiries that were to come? Gone through the eddoes?
December 6, 2008 at 12:50 pm
An interesting news item: The former Prime Minister of Belize Said Musa MP was formally charged with theft. This charge is in relation to the use of funds provided by Venezuela for housing but which was diverted to the paying of a debt owed by the Belize Gov’t. Mr Musa is out on bail.