Barbados Land Sold At 16 Cents Per Square Foot!

Keltruth Blog Exposes Land Fraud In Barbados

We have been following the saga of the Kingsland Estates land fraud ever since we discovered Keltruth Blog – a website apparently operated by members of a family who owned a billion dollars of prime Barbados land only to have it stolen from them by persons who represent the elite of the Bajan political, business and legal communities.

As an indication of just how high up the rot goes, some of the persons being charged in civil court with conspiracy to commit fraud include the current Chief Justice of Barbados, David Simmons, current Prime Minister David Thompson, past Prime Minister Owen Arthur and a host of similar big names. The case is rather complex, but as we at BFP have been able to decipher the court documents so far it looks like people engaged in a long-term conspiracy to strip the value of Kingsland Estates Limited – a company that at one time owned a billion dollars of prime Barbados land.

The theme that runs through the court case is that some shareholders of Kingsland Estates Limited were robbed when the Board of Directors sold company assets at a fraction of their value.

Think about it folks. You have shares in a company that owns a billion dollars of beautiful Barbados land, but you do not control the company and the Directors do as they please without producing financial records for your inspection. Even the courts are in on it, so you can sue all you like… demand all the financial records you want – you’ll NEVER see the records.

When the Chief Justice of Barbados received a piece of the action, what are your chances for justice before the Barbados courts?

One of the ways that fraud was committed was when valuable land was sold off at a fraction of it’s true value. Why would land be sold off at 16 Barbados cents a square foot?

Good question!

Who purchased prime Barbados land at 16 cents a square foot, and… MOST IMPORTANT… who purchased it later? Which big-ups own it now?

Yes folks, when an old widow owns millions and millions of dollars worth of Barbados land, she has very little chance of retaining any of it once the elites decide that she is easy-pickings.

“There has been a mammoth and far reaching conspiracy not only within Kingsland Estates Limited, but outside it as well”

Iain Deane, Executor of the Colin Deane Estate

Keltruth Blog Posts More Court Documents Online

Keltuth Blog has been posting court documents on their website for some time now, and it is stunning to read the allegations and evidence. The oldstream Barbados news media have totally ignored the court case and even ignored tape recorded threats against witnesses that were delivered by the brother of the Chief Justice of Barbados! (What did you expect… a feature article on the threats in the Nation News or the tape recording played on Brass Tacks?)

The latest installment of court documents posted at Keltruth Blog is a 1997 letter by Iain Deane alleging “a mammoth and far reaching conspiracy” in relation to Kingsland Estates Limited.

Most strange… this same Iain Deane who in 1997 alleged a massive conspiracy is now a defendant in the lawsuit. Why did he suddenly change his mind about the existence of a “massive conspiracy?”. Why did he suddenly shut up about the sale of Kingsland Estates land at prices such as 16 and 21 cents a square foot? What happened to the business records of the land sales and who purchased the land for virtually nothing?

Keltruth Blog has the court documents posted online LINK HERE.

This is one messy court case. In our opinion, the revelations so far indicate that something is deeply rotten in our fair country.

77 Comments

Filed under Barbados, Corruption, Crime & Law, Offshore Investments, Political Corruption, Politics, Politics & Corruption, Real Estate

77 responses to “Barbados Land Sold At 16 Cents Per Square Foot!

  1. Jason

    I read the Iain Deane letter at Keltruth. Some of the land was sold for SIX CENTS A SQUARE FOOT!!!!

    Will someone sell me some land at six cents a square foot?

    This stinks to high heavens.

  2. Tell me Why

    BFP. How did you arrive at 16 cents per square foot. It is noted in the document of 30 acres @ $18,000.00 per acre were dispersed. If 43,560 sq ft equals one acre. How did you arrived at 16 cents per sq ft? And Jason, how did you arrive at 6 cents?

    Please, empathy is not based on lies.

    ******************

    BFP says,

    We invite you to read the entire article and letter at Keltruth Blog – and especially page 6 where land is clearly listed by Iain Deane as being sold at 16, 06, 18, and 21 Barbadian cents a square foot.

    Now kindly apologise for saying we told a lie.

  3. Keltruth Corp.

    Tell me Why,

    On page 6 of his letter, Iain Deane has a list of sales. This list alleges that land was sold to Haloute at 16 cents a square foot. I did not raise this issue, as I was leaving the issue of price for discussion at a later date.

    Another sale is alleged by Iain Deane to be for 6 cents a square foot.

    I encourage you to read the entire letter.

  4. Keltruth Corp.

    Here is the link to the list of land sales:
    http://keltruthblog.com/blog/wp-content/uploads/2008/6/5/19970225EISDtoVOSHdeBMIKreReceivership.pdf

    Let me know if you can’t find it.

  5. Black Woman Who Reads

    I have read this whole scandle on Keltruth.

    The letter from Iain Deane is 11 years old.

    It refers to land sales that took place while Madge Knox was a director of Kingsland Estates.

    On page 3 of the letter, Iain Deane says that he is commencing legal action AND he leaves it up to Madge Knox and her counsel, Sir Henry Forde, to decide whether to join him or not.

    Everybody knows that Iain Deane did take legal action, but there is no record of Madge Knox having joined him. I suspect that, as she was a director of Kingsland and therefore presided over these sales of land for cheap, she could not claim a cause of action. In fact, she could have been sued by Iain Deane herself.

    Anyway, it is all ancient history.

    I have posted my comments on Keltruth and I share them with you here:

    “Black Woman Who Reads said,in June 9th, 2008 at 8:12 am

    Well, Mrs Davis, Iain Deane is almost as much of a spoiled brat as you dear mother, Madge Knox. Birds of a feather.

    Anyway, that letter was written over 10 years ago and since then Iain appears to have gotten matters settled for himself to his satisfaction, which clearly is something that your mother has not managed to do to her satisfaction.

    It looks to me, Mrs Davis, as if you are trying to latch on to whatever complaint Iain may have had/made in order to reopen a case that your mother lost before the Privy Council.

    I don’t feel sorry for your mother, Mrs Davis and, since I like my gossip and Iain Deane has been very silent on these matters, I can’t wait for you to print your suspicions as to what you think he may have received from whomsoever you may think he has received it. It will give me and the girls something to talk about when we are playing bridge.

    Carry on, my dear, a little light comic relief is good for the soul.”

    ******************

    BFP says,

    Hmmmmmmmm….

    BWWR seems to have quite an interest in the case… perhaps even an interest in the outcome?

    Hmmmmmmmmm….

    Is that you Chief Justice? 🙂

  6. Keltruth Corp.

    Mrs. Knox was a director in name only. She was not given the information she needed to discharge her duties.

    There was a secretive “Land Committee”, and she was deliberately excluded from the meetings. She was not given any minutes of the “Land Committee” meetings.

  7. Black Woman Who Reads

    No chile, I don’t even know the Chief Justice personally. I have never met him. I knew Rannie Douglas, but he was from up by me. I knew him when I was a child.

    I do have a great interest in this case.

    I grew up close to the Deanes and Madge Deane, now Madge Knox. I watched their children grow up. I had a lot of respect for old Mrs. Deane, but I didn’t like the old man too much. I also liked Vere and Lee, but Colin was my special darling. As for the others, Muriel was all right, but you couldn’t believe too much she said, but Keith and Erie, I did not care for and I certainly did not like Madge at all. Very phoney – lived off the fat of the land and now tries to make out that she had it hard. Hypocrite.

    I know Iain, but I always thought he was stuck-up, so the blood didn’t take.

    So yes, I do have a tremendous interest in the case and the outcome, but not in the way you suggest.

    In any case BFP and its subsidiary/parent blog, Keltruth, have been forcing this case on its readers for YEARS. Part of our interest may be due to brainwashing and part, of course, to good old Bajan gypsyness.

    I hope Iain responds. It would certainly give us old girls something to gossip about.

    Now you know why I am interested. What is your excuse?

  8. Black Woman Who Reads

    Keltruth, explain something to me.

    If Madge felt that she was being sidelined as a director of Kingsland, why did it take her 10 years before she resigned as a director, and that was only after Kingsland had ceased operation and land sales, and why did she not sue on the basis that her rights as a director had been ignored?

    Please do not try to tell me that she has sued, because we know that – but she sued so late that she has to be seen as having acquiesced to the acts of the directors – so she is a part of those acts. She consented to them.

    You see, this is what I have never been able to stand about Madge. She can preach like Paul, but I am sure that as long as she was getting what she wanted from Kingsland, she was fully in accord with the other directors. The moment she didn’t get what she wanted, she cried “foul”, well, in her case, “fowl”.

  9. Keltruth Corp.

    Black Woman Who Reads,

    As you are personally aware, Mrs. Knox has been calling for figures since the beginning.

    Note that Mrs. Knox had retained Sir Henry Forde in this matter. Iain Deane’s letter of 1997 is also addressed to Sir Henry Forde acknowledging this fact.

    So from this letter, we know that from 1997 Mrs. Knox was seeking legal help with regard to problems with Kingsland.

  10. Tell me Why

    We invite you to read the entire article and letter at Keltruth Blog – and especially page 6 where land is clearly listed by Iain Deane as being sold at 16, 06, 18, and 21 Barbadian cents a square foot.

    Now kindly apologise for saying we told a lie.
    ………………………………………………………………………………….
    Ok, I am man enough to apologise although I only read up to the signature on page 5.

    But my fundamental problem after seeing the figures are of two folds.
    Firstly: Any final sales of a business with active shareholders would have made the decision to sell or not to sell. I can see too much family-tugging in this episode.

    Secondly: A sale negotiated in the 70’s and concluded in the early 80’s should not be construed or compared with the value of land in 2007/8. I can remember massive 3-bedroom houses being sold in West Terrace for $35,000.00 now being sold for $250,000.00 and up. Should we cry foul in such a transaction?

    ********************

    BFP says…

    TMW says “Any final sales of a business with active shareholders would have made the decision to sell or not to sell. ”

    Change “would have made the decision” to “SHOULD have made the decision”///

    And according to what we read in the comments sections, some shareholders were “special” while others were not invited to meetings where decisions were made about selling land at 6 cents a square foot.

    As to the timing of these sales, are they not still going on? The lawsuit and court documents posted make it clear that some of the shareholders used the corporation’s assets as their own bank account without telling some of the other shareholders.

    I don’t know enough about the specifics of the case, but some of the documents I’ve read leave no doubt that many big-ups should be very worried. Think of all the times we have heard of land sales (not associated to Kingsland) where land is sold cheaply because no permissions could be obtained, then the land is flipped almost immediately to a big up and permissions are waiting!

    THAT is the big scam with Barbados lands and corrupt government big-ups. Can’t hardly wait to see what comes out in the court trial for Kingsland!

  11. Keltruth Corp.

    Tell me Why,

    I did not ask for an apology. On the contrary, I was just trying to help you find the points raised by BFP.

    Much of the land was quickly resold for a much higher price.

    I don’t have the documents in front of me, but I recall an instance where Kingsland sold land at one price, and within a few days it was resold for ten times the original sales price!

  12. Thistle

    Tell Me Why like he/she can’t avoid telling lies. Sometime ago, TMW wrote, under the heading “Barbados 140 days of broken promises” he/she wrote: “Hi BFP, it seems that old stalwart Frank DaSilva will be the chairman of soon-to-be-launched Transparency International of Barbados. Maybe this might be the beginning of ITAL.”

    There is absolutely NO truth to that downright lie.

  13. Black Woman Who Reads

    Dear Mrs Davis/Keltruth

    And, my dear, are you aware that if the figures your dear mother asked for were not forthcoming within a reasonable time, she had the right to refer the matter to the Courts for their consideration?

    And are you therefore impugning the integrity of Sir Denys Williams, who would was Chief Justice at the time if your mother had brought her action in a timely fashion – are you saying Sir Denys was “on the take” as well?

    Now, my dear, I can fully understand that as it was family Madge might have been reluctant to bring her action and delayed for a longer time than if they were not family.

    But, dear, 10 years? No, dear. 2 years we can accept. 10 years is collusion. She was getting what she wanted and when she didn’t, then she started to lift up she skirts.

    The other major point that you, dear, do not seem to understand is that Madge Knox cannot make the claim that she was a “director in name only”. That is a directorial distinction that has not even been heard of in Zimbawe – yet – and the Barbados Companies Act comes from the Canadian Companies Act.

    I have known your mother for over 80 years and in all that time I have never known her to accept any responsibility for anything unless it reflected credit on her. She has never accepted blame – but that, of course, is as a result of the special relationship that she has with God that gives her the right to act in ways that are denied to us lesser mortals. Because you see, dear, she has realized what the rest of us fail to see – her absolute perfection. And chile, she realized this from the time she was born. Brains!

    Well, dear, we are enjoying the soap opera, but please do not imagine that any of us are buying into your mother’s scenario. Fact is, we are bored by only hearing your side.

    Please, Iain Deane – or Erie or Keith or Richard Cox or Sir David or the Prime Minister or anyone else – please provide us with better gossip than this self-promoting, one-sided, worthy, pompous, pseudo-religeous, inaccurate nonsense that we read on Keltruth and its subsidiary, BFP.

    Come chile, let we have a fight. In this corner, the black widow (I mean divorcee) Madge the Moaner…..and in the other corner….come on boys, somebody step up here and let we have some fun. Erie, Keith….anybody. Um getting dull.

  14. Tell me Why

    Tell Me Why like he/she can’t avoid telling lies. Sometime ago, TMW wrote, under the heading “Barbados 140 days of broken promises” he/she wrote: “Hi BFP, it seems that old stalwart Frank DaSilva will be the chairman of soon-to-be-launched Transparency International of Barbados. Maybe this might be the beginning of ITAL.”
    ………………………………………………………………………………
    Thistle, it seems that I am a thorn in side, your only comments to the blogs are directed towards this writer. I beg forgiveness if I am unable to sing in your choir, but I can tell you upfront, I have friends and family in both parties and it will be remiss of me If I don’t call a spade a spade.

    If you are so brilliant and well read, you would have seen this article which I quoted in an earlier post. But it would lower my standard to ask for an apology. It is better for me to continue with my political, social and economic enlightenment for the public.

    Read the facts my brother…..

    Election funding under scrutiny
    Date June 03, 2008
    Brief Election funding under scrutiny

    by WENDY BURKE

    HOW MUCH IS too much to fund a political campaign? Where is the money coming from and how much money are the political parties raising?

    These were some of the questions asked by moderator Peter Wickham on Brass Tacks Sunday of guests Minister of State in the Ministry of Foreign Affairs and Foreign Trade Donville Inniss; Dale Marshall, Deputy Leader of the Opposition and Frank DaSilva, of the Concerned Citizens of Barbados and the soon-to-be launched Transparency International of Barbados.

  15. Black Woman Who Reads

    Dear BFP/Keltruth

    I am an old woman and sometimes not too swift mentally, but I have looked at this page 6 of the letter from Iain Deane. It is shocking and we all ought to be shocked by it.

    You see, it shows that except for the first 4 sales of Kingsland land, all the others (21 of them) took place between 1986 and 1993 under the aegis of Madge Knox as a director of Kingsland.

    It is the fact that Madge Knox has complained of 25 sales of land, 21 which she signed off on that disturbs me. The sale prices range from 6 cents, that you have headined, up to $2.36.

    However, it is not the prices that I am shocked about. After all, a body (whether corporate or not) can sell what they own for any price they want, provided all parties with a vested interest agree – and in the case of a company, that means the board of directors. And if the shareholders disagree, they can refer the matter to the courts, which we all know Iain Deane did.

    What shocks me is that for 7 years Madge Knox signed off on (and as a director the legal presumption has to be that she signed off since she didn’t file a timely legal action) on these sales. And trust me, there is no such thing as a “director in name only”.

    Now, however, because she is not getting what she wants, we have her blog mouthpieces complaining. This is irritating, especially as no one from the Deanes or Richard Cox or the others are responding to make it mre fun for us.

    But has Madge complained to the courts herself? Course not.

    What she has done is fraudulently attempt to transfer her shares to Peter Allard who has, allegedly, transferred these to Nelson Barbados which is now in the process of suing all and sundry on the standing that it has an interest in Kingsland. I must say that the definition of “due diligence” that ought to be carried out by anyone buying shares in a company has certainly been degraded from what I always was taught it should be.

    The worst part is that Madge is:

    (a) supporting Nelson

    (b) using blogs to try to undermine Barbados’ infrastructure and standing worldwide and thereby prejudcing the people of Barbados (for which we forgive her – we are a peaceful nation)

    (c) assisting in forcing Bajans to pay out money to defend an action in a country that has no competence to try it thus depriving Barbados of foreign exchange currency

    (d) generally trying to flog a dead horse

    All simply because she and Allard have not got what they wanted.

    Typical of Madge and, it seems, her family.

    As for the claim that she is a poor old divorcee (pardon, widow) that was taken advantage of in her ignorance, well, she claims that she was advised by and led by her brilliant children.

    These are:

    You, Mrs. Davis who, unless your mother is telling more fibs, are a very highly qualified chartered accountant.

    Professor John Knox, who apparently was hired for a while to lecture at the UWI at Cave Hill.

    Jane Goddard, who has run a successful? company with her husband for a number of years.

    Now come on, Mrs. Davis, what is your real agenda? Tell us, instead of all this dredging up of ancient history. What really is your mother’s and Allard’s agenda?

  16. Keltruth Corp.

    My agenda is justice and an end to corruption.

    What is your agenda?

  17. Justice

    After reading BWWR, I am convinced that this matter will go absolutely nowhere. Mark my word.

  18. Pat

    BWWR:

    Thanks for the enlightenment. Up until I read your posts, I was believing everthing I read on BFP and Keltruth blogs. You know, every story has two sides and the questions you have asked still have to be answered by Keltruth.

    Thank God, for the old people of the ‘village’. If not for them, we would be sold horse manure as sugar.

    *******************************

    BFP says,

    The great thing about blogs is that all perspectives can have their chance – quite unlike other areas of the Barbados media.

    The great thing about a free and unbiased court like Canada’s or the USA is that whatever the case and evidence, the Barbados elites are not likely to be able to manipulate the evidence or the verdict.

  19. no name

    Looking forward to watching this matter “go absolutely nowhere”.

    Buckle up!

    Wonder if any, so far, unnamed big parties will be named and exposed for what they really are?

  20. Straight talk

    BWWR :

    You are too well informed to be a totally disinterested spectator in this convoluted story.

    I welcome your contradictions of Keltruth, if only because it increases the intrigue.

    This story has smouldered for years, it is about time some facts were brought to the blog, or the Canadian judge, and let us all have a just settlement.

    The gist of the case, as I see it, is an old lady being duped out of her rightful share because she did not give due diligence to her responsibilities as a director,

    Let the courts again decide.

    I have some sympathy with Mrs Knox, but the law should not be compromised by little old ladies who accept the perks of directorships but fail in their susequent responsibilities of protecting all shareholders’ investments, especially their own.

    I would not want her as a director of a company I was imvesting in.

    *************************

    BFP says,

    But as I understand the case, other directors took decisions and held meetings without informing Mrs Knox and also failed to produce accounting records!!!!

    I am looking forward to the court case. I am expecially looking forward to discovering who flipped the land that was sold for cheap!

  21. Keltruth Corp.

    Justice, Pat, Straight talk,

    Is this really you?

    Black Woman Who Reads has a concealed identity, and produces no documentation, yet you believe.

    Interesting.

  22. politically incorrect

    Seems to me that this Black Woman Who Reads is more like one of the “big ups” that is being accused of foul play.

    People, you need discernment when you read these blogs. You have no idea who hides behind what names.

    Wisdom!

  23. Hants

    Land in Barbados is sold in various categories.Agricultural land sells at a different price than land developed for housing.

    Example Agricultural land is bought for x dollars per acre and the cost of putting in roads etc. is added and the land is sold as building lots per square foot.

    It seems that Agricultural land was sold as such but the later use for Housing development has cauesd the original owners to “protest”.

    After this “recession” I am sure there will be a building boom and all these players will reach a solution for their current “problem”.

    The Canadian Lawyers in Orillia must be pinching themselves at their good fortune at the expense of some “interesting Bajans”. Nuff nuff legal fees in their pockets.

  24. Thistle

    Tell Me Why: “Your only comments on the blogs are directed towards this writer”. ANOTHER LIE. But since you only see the ones directed to you, well that’s not my fault.

    Your last paragraph, concerning questions by Peter Wickham on Brass Tacks Sunday: Pray tell me how that makes Mr. Frank DaSilva “Chairman” of Transparency International Barbados. Did anyone on that panel make such a statement? Did Mr. DaSilva make that statement?

  25. no name

    Hants said “It seems that Agricultural land was sold as such but the later use for Housing development has cauesd the original owners to “protest”.”

    Hants not the case with Kingsland.

    Isn’t it blatantly obvious that “Kingsland”? must continue to benefit through mortgages, joint venture arrangements and profit sharing on the same land which the officers are selling and knowingly sold specifically for development?

    I hope the keltruth blog will show us exactly what Kingsland lands are being and have been sold, who is buying and has bought, how muh they are paying and have paid and by whom they are being and have been developed.

    We should find the annual audited financial statements, required by law, filed in the Corporate Registry for the companies who must be making huge profits in the sale of the cheap Kingsland lands. Shouldn’t we?

  26. Bajan in Europe

    Dear Barbados Free Press,

    My family and I were concluding a holiday in Rome yesterday when I bumped into an old school friend with whom I have had contact fairly regularly over the years. His name? Iain Deane.

    We all had a most pleasant dinner together last night and I did ask Iain about this issue that seems to attract so much attention. I asked him if he was going to reply to his Knox cousins.

    Iain said that he had nothing to say. He has no interest in Kingsland and any legal cases he may have had against Kingsland have long been settled. End of story. He then adroitly changed the subject and we were happy to go along with him on that.

    It was a very amusing evening with lots of laughter and memories of Harrison College and Winston Marshall and John Hammond and Willie Kerr and the rest – and of later in our lives as well with reminiscences about friends from all over the world.

    The reason I am writing is because there are a lot of people like myself who know and have known Iain for many years. We have witnessed and been the recipients of his tremendous integrity, courage and loyalty and he is our friend – as they used to say, “True blue and will never stain.”

    This person described by his Knox cousins is not someone we know at all. Indeed, it is someone who, in all our opinions, exists only in the feavered and frustrated imaginations of Aunt Madge and her children.

    By the way, Black Woman Who Reads, Iain does give the impression of being stuck up and sometimes very aggressive, but not to anyone who knows him well. You see, he is a painfully shy man and aloofness and aggression are his defences. If you knew him, you would know that.

  27. nterested party

    I sent some replies to comments that are being moderated, so I posted them on Keltruth’s latest blog about Kingsland on which they are not being registered. Let’s see if this gets through.

  28. nterested party

    So read keltruth’s comments, and ignore that it shows that there are none.

  29. no name

    Why the repeated personal character assinations? One would expect rebuttals if all of this is false. Obviously someone is uncomfortable. Their name must be on the list or perhaps belongs there.

    Keep the evidence coming. There is a story unfolding, let it unfold.

    This Kingsland matter is the tip of a huge iceberg.

  30. Pat

    Keltruth, BFP:

    Believing is a small word. But you have to admit that BWWR has given us another perspective on this on-going story. I wish that some of the defendants would come on site and give their view. I take BWWR as somone on the outside looking in. A peripheral if not a birds eye view. It adds to the drama.

    Replying to Hants comment, in 1970 developed land was 75 cents a square foot. In 1979 it was $1.50 a square foot. It remained at this price for several years and then started to go up in the mid-80’s. In the late nineties, you could buy in Graham Hall Park for $6 a square foot. Now, what would have been the price of agricultural land when most of Kingsland was sold? I dont know, as I only looked at developed land.

    In conclusion, I am hoping that the Knox family are not throwing good money after bad. Canadian lawyers, like lawyers everywhere are not cheap. You have to know when to hold and when to fold.

    **************

    BFP says,

    It is interesting to see all sides fighting this case on the internet, considering we are talking a BILLION dollars of Barbados land, numerous big-ups involved in the case, tape-recorded threats by the brother of the Chief Justice of Barbados (tough to deny doing it when the other person has a tape-recording)… AND ESPECIALLY SINCE THE BARBADOS NEWS MEDIA HAS IGNORED THIS CASE FOR YEARS AND YEARS.

    It is also interesting to see the folks at Keltruth Blog who have names and have declared their personal interest in the case in comparison with those who come onto Barbados Free Press and other blogs and pretend to have no personal interest in the outcome of the case when any idiot can see their motivation shining through.

    Yes folks, as more and more evidence comes forth, this might turn into a drama that will have many many surprises. Can’t hardly wait!

  31. Hants

    BFP most people thought this case was “nonsense” until that “Big-up” was caught on tape threatening somebody.

    Time and time again BFP and other Bajan blogs start stories that sound like tabloid stuff and then the truth presents itself.

    Doan ease up.

    Off topic but I just filled up my car in Toronto at $2.92 bds per litre for ultra 94.

    Regular gas is averaging $2.66. that is down by 3 cents from yesterday.

  32. Black Woman Who Reads

    Pat that is a very measured and carefully considered statement and one which deserves a lot of respect. The issue of costs is very important.

    I would say that to date the cost per defendant is about $30,000. So, with 58 defendants, you are looking at a possibile cost of $1.74 million SO FAR.

    Now, if Nelson Barbados loses this action in Canada, has it the capital to pay the costs of the defendants? I suspect not. Can you go after the director of the company – and there is only one of them – I would tend to doubt it.

    So, if it was settled tomorrow in favour of the defendants, the cost to them would be $2 million or thereabouts.

    My estimation is the the Knox case that went to the Privy Council has costs of about $6 million that is owed to the defendants. In other words, Madge Knox owes $6 million already.

    Now, you might say that Nelson owns her shares in Kingsland and so the defendants can sell those to cover their costs, but this is not the case as the estate of Colin Deane has a charging order against those shares and has issued a writ of summons for fraud the substantive issues of which are due to be heard later this year. This is an action that, given the obiter dictum of the trial judge in the charging order case, is almost certain to succeed.

    Basically, it means that as Nelson will never owned the shares, the Nelson defendants are left out in the cold as to costs in Canada. They cannot succeed in charging the shares to settle their lawyers’ fees.

    The one hope is against the Nelson-Knox-Allard counsel in Canada, Mr McKenzie. There are provisions in the civil rules in Canada that allow costs to be charged against solicitors themselves if the court determines that the action was frivilous. This is a provision echoed in most countries, including the UK and Barbados. I am not aware that it has ever been exercized in Barbados, but it is certainly used in the UK and sometimes, but not often enough in my view, in Canada.

    There is another area where costs regulations in Canada differ between those of Barbados an the UK. That is that in Canada, there are two categories of costs. Substantial indemnity/ solicitor-client costs (where full costs are paid) and which is rarely ordered and Partial Indemnity (where an innocent defendant is required to lose part of their legal costs). This last is most often ordered and a defendant can end up by paying half of the costs on a case he has successfully defended.

    It is in my view where the Canadian legal system falls down in that it penalizes the innocent and encourages nonsense actions and clogs and delays the administration of justice.

    So let us say that the Barbados defendants have already spent $2 million defending this Canadian action. The most they are going to get back if they are successful is $1 million of that.

    As for Mrs Knox, she is not paying anything for this. It is Peter Allard who is paying for it – like he did for her action and appeals that ended up with the Privy Council.

    It is the worst case of corruption of the judicial systems that I have ever seen and it has nothing to do with judicial prejudice, but everything to do with an attempt at judicial manipulation. Worse, it is an attempt to make Barbados’ courts laughing stocks and degrade them in the eyes of the world. All because they have ruled against Peter Allard and Madge Knox.

    I am enjoying the battle on one hand, but on the other I deplore the attempt to reduce and denigrate a system like ours into which so many people devoted to the administering of justice have given their lives and talents. Just because Madge and Allard cannot get what they want.

    More than anything else, however, I deplore and detest the attempt to harm Barbados and its people that would be an inevitable effect if the rest of the world saw us as we are painted by Madge and Allard.

    And yes, this is most certainly a matter in which all Bajans ought to take a great interest. But not because of the case itself, which has been decided, but because of the harm that is being attempted to our country and its people by one if its resident citizens and her children and one of its (former, I understand) residents.

  33. Not Here

    You seem very well versed in this case for a Black Woman Who only Reads.

    hmmmm…

  34. Jason

    “Black Woman Who Reads”, I was looking for clues about who you are and then I remembered the photo of Chief Justice Simmons in the dress.

    That’s it! You’re the Chief Justice, aren’t you?

    🙂

  35. Partial

    Or he brudda.

  36. Hants

    This case is simply a family feud made interesting by the fact it involves a billion dollars in Barbados Real Estate and an “unusual” lawsuit in Canadian courts.

    Time to put this on the backburner and deal with other issues.

    All the players in this saga are “big ups” and can deal with this.

    We little guys have to deal with the cost of food and fuel;not Lawyers.

    **************

    BFP says,

    Hi Hants,

    Firstly, we have lots going in all areas and when some interesting document comes up on the Kingsland matter we follow it – not every time, but when some bit of info comes up that hasn’t been seen before.

    As to this being a “family dispute”, respectfully, we have to disagree. It is right now the most visible evidence we all have of the corruption that takes place with land use permissions and abuse and it strikes right to the heart of what is wrong with Barbados without rule of law, accountability, transparency and oversight.

    The political and business elites have been successful for decades when they snatch pieces of land for pennies – knowing that their big-up friends are ready to grant the development approvals that had been withheld from the original owners. Lands are purchased for virtually nothing, then flipped sometimes within hours to those friends of government who have already received informal change-of-use permission over drinks at the club. Sometimes the price might be a condo to some big-up, or perhaps a commitment to higher an “outside consultant” from an offshore company owned by a government minister’s lawyer-daughter.

    One old lady said “no” to the corruption and demanded that the corporation produce financial records to shareholders. No financial records have ever been produced to her (according to the court documents shown on Keltruth Blog.)

    The big-ups own the courts so she received the kind of justice that we have become used to here on the rock. Even the bloody Chief Justice is mixed up in trying to make some money from Kingland!

    The big-ups own the news media so we never even heard about the case until lately.

    This ceased to be a “family dispute” when members of government stood to make a profit if they approved land-use permissions for some land owners and not for others for the same piece of land.

    And once again… when a government diplomat and brother of the Chief Justice is tape-recorded making threats against witnesses in the case where he and the Chief Justice are defendants… that says everything. If there is no truth in the allegations, then why take a chance to threaten witnesses?

    One witness who was a professor at the UWI was told to shut up or be fired.

    He testified and was fired.

    And you want to ignore that, Hants? Are you a slave or a free man?

    Oh…. forgot… you don’t have to live here anymore.

  37. peltdownman

    BWWR

    George Bush and company would say, “You are either with us or you are with our enemies”. In other words, “you are traitors if you don’t agree with our methods.” Your argument runs very much the same way. “Question what is happening and you are harming the country.” This is emotional blackmail, and must be rejected.

  38. Bush Tea

    ‘Black woman who reads’ seems to prefer to read books like the Godfather…

    The line of argument above seems to be- that poor persons should not have the right to take matters to court unless they can cover the cost to the defendants in the event that they lose.

    Put another way, Rich people should always be allowed to do as their wish, because fortunately for them, the cost of justice is prohibitive and the poor are best advised to ‘know their place’.

    We all know that this is the modus operandi for the Court system in Barbados (and the west in general).
    What upsets the apple cart is persons of means (like Allard) who are willing to stand (and put their resources) behind fairness and justice…. He is probably not in the Lodge..

    Can someone explain why the influential persons involved,(like the CJ for example) IF INDEED THEY ARE INNOCENT OF THESE CHARGES, would not take all steps to have these matters expeditiously completed and the case permanently closed?

    …methinks that BWWR doth protest too much…

    … the REAL question is this. Why should the cost of justice be so high and out of reach of the ordinary man and woman?
    How is the man in the street supposed to get justice when confronted by wealthy, selfish aggressors?
    Is he supposed to resort to physical violence instead?

    This case is much more important that $1 billion in property…

  39. Black Woman Who Reads

    Fortunately for me, “Not here”, “Jason”, “Partial”, “Hants” and “peltdownman”, the majority of people in Barbados actually read and think and are prepared to accept that there is more than one side to a story. They are also prepared to look objectively at a different interpretation on documents.

    I am now going to refer you to the latest installment, being Part II of this series by keltruth. Please read it carefully – those of us who really are interested in getting at the truth.

    Once you have finished reading it, click on the part that says that there are no comments. You will find that there are comments, including a copy of the Privy Council judgment in Knox v Deane and others, that shows conclusively that the Privy Council heard and considered the matters that Keltruth is now trying to revive – and ruled against Madge Knox.

    I will try to get my hands on a copy of a few more judgments in this and the Canadian case and post them for all to see how judges who have had the advantage of seeing ALL the evidence, and not just selected portions from Keltruth and myself, among others, have reached the decisions that the Knox lot are now trying to persuade everyone are wrong.

    No, I am not the CJ, nor am I his brother. And I am not going to identify myself just to prove it. That, folks, is what blogs are all about.

  40. Black Woman Who Reads

    Bush tea, I agree with you on legal costs. They are far too high and I completely agree that these deny poor people the access to justice that everyone should enjoy. You are quite right.

    But that is not what I am getting at. What I am saying is that before you go off and sue someone, maybe it would be a good idea to make sure you have a case and not do it on speculation. How would you feel if I, without any case, sued you and then expected you to pay your costs for defending yourself? Are you trying to tell me you would like that or that you would think that was right? If so, you are a better person than I am.

    You also raise a point that I think deserves an explanation when you say: “Can someone explain why the influential persons involved,(like the CJ for example) …………..would not take all steps to have these matters expeditiously completed and the case permanently closed?”

    Because if he did that, he would then be guilty of exactly what the Knox family and Allard are claiming that he is guilty of. Duress, manipulation, undue influence…you name it. Worse, he would have betrayed the very principals that he is supposed to protect.

    I did not admire Sir David as attorney general at all. To be honest, I thought he was an arrogant, nepotistic pig. Very reluctantly, however, I have to say that as CJ, he has done an exemplary job. It is not easy making the transition from politician and then attorney general to chief justice and also avoiding conflicts of interest – and I mean actual conflicts of interest and not accusations of such. But Sir David has done this and in such a manner as to allow him to move the administration and administering of justice forward in such a manner as to meet the demands of far higher case loads and new and untried areas of legislation. It is a monumental task and one to which, to my complete astonishment, he has risen.

    May I respectfully suggest that if you were to write privately and confidentially to Sir David under your real name and voice your very legitimate concerns, he might well respond to you. As I said, before I retired I worked in law and it is my experience that chief justices of Barbados will generally take the time to respond to serious and legitimate questions and concerns – like yours.

  41. Pat

    BWWR, I find you rather intriguing. You are definitely and educated person. I also believe you to be a woman. You think like me! Now, how come you have all this evidence if you are not involved in the case?

    ……you say you know the family from when you were a child and that you grew up together. Now, it is possible, knowing Barbados and people with money, that they did you an injury/insult. It is also possible that you married one of the family, or was snubbed. Why, one of your children or relatives may be in the family. And, heaven forbid if someone in that family robbed someone in yours. Perhaps Madge stole your sweetheart! Yes?

    However, I would like to think that you are a lawyer involved in the case, or your firm or law partner was involved with the case, your husband or offspring. How else would you know how much $$$ it has cost the defendants to date for the Canadian litigation? I suspect the costs for the judgment of the Priviy Council case is in the public domain. But the Canadian case is on-going. ???

    Keep the information coming. I am not interested in who you are. I figure it is up to the Knoxes to find that out, if they so desire. But it is good to speculate. If I were home I would find out in two twos.

    On another vein, why dont us two get together and write a movie script of this entire saga? You provide the info and I’ll do the writing, seeing that you are in your eighties. There is so much drama, mystery and intrigue. We can even add in some sex for saleabilility. I assure you it would be a blockbuster. We can have it filmed in Bim and use locals as extras! What do you say? LOL!

    By the way, how come you play bridge and not whist. I tried learning bridge after I retired 5 years ago and still have difficulty with the bidding.

  42. Bush Tea

    BWWR

    Really appreciate the thoughtful response.

    In answer to your points however, I cannot see how it would be an abuse of authority if someone in high position, having been publicly accused of anything – even a minor matter- says in effect” look, this charge is ridiculous. I hereby invite an independent review by a mutually agreed resource so as to expeditiously resolve the matter”

    …or “let us take all steps to have this matter resolved by the court…”

    In my case, If I was placed in a position of leadership, and someone felt aggrieved enough to bring court actions against me, I would respond by aggressively and promptly defending myself, -including recovering all costs…. (If I KNEW I was innocent).
    …and if my accuser was being dishonest and vindictive in bringing the untrue charges- it won’t finish there either… 😉

    however…

    …If I knew I was guilty as charged, I would take the necessary steps as man…. apologize, repair, or face the consequences.

    …. this business of depending on technicalities and waiting for the accusers to ‘go broke’ is unethical…

    Dealing with things like this is a price that one must expect to pay for the ‘success’ of having wealth and power.

    …By the way, I also know Sir D personally, and like him too… but then again, Bush tea is not easily intimidated…

  43. over n away

    Please tell us how many and the value of the shares Knox owns in Kingsland.

  44. Black Woman Who Reads

    Pat,

    I have no idea who you are, but you are a person after my own heart. I don’t even know if you are man or woman. I think you are a man.

    Really, I do not have anything to hide, other than my name and that is my right in a blog situation. It is what they are all about.

    I was in law until I retired over 20 years ago now. My husband was ill and needed nursing, otherwise I might still be in law. You know how it is.

    Madge never took anything from me, including a sweetheart. None of my family is connected with the Deane family by marriage and certainly none of them are connected with this case. I just have never liked her. She is and always was a sanctimonious fraud. All that nicey, nicey and then watch the eyes if you say something she don’t like – like she would cut your throat with a feather.

    And yes, I am an educated woman for a woman of my age and very humble upbringing.

    As far as my special information goes, what happened was that one evening I was filling in the girls (old girls like me) on what had happened with Keltruth and Free Press and Kingsland. I was on Madge’s side then. I was arguing her case as presented by Keltruth. But you know when you spend your life listening to legal arguments and something just does not sound right? Well that happened to me that night and I said so.

    One of the girls told me that she had a friend who was involved in the case on the defendants’ side. I asked if that friend would consider letting me see all the documents they had on this issue.

    Well let me tell you, it took me almost three months to go through it all, but I did it. And it changed my mind about Madge being in the right completely. It confirmed what I had always thought of her – untruthful.

    I do not see how any competent judge could have reached a decision other than the one Justice Greenidge reached and Lord Hoffman’s summation of the case at the Privy Council was simplicity itself and no one could argue against it. It is the only logical decision that could have been reached.

    As for costs, well as I said, I read Keltruth and they were very kind in giving everybody the amount of the costs awarded by the Registrar to the various lawyers. As I have experience in law, it didn’t take two twos for me to add in expenses and come up with the $6 million figure.

    The Canadian costs? Well, Barbados is small and I calculated those from a statement made by one of the defendants at a function I attended one night about how much he had paid his lawyer in Canada. When people see an old woman, they generally think, “Poor old soul, she won’t understand what we say.” WRONG, My dears. Then I simply counted the number of defendants that had been so obligingly provided by Keltruth and multiplied.

    For the rest, my friend keeps on letting me see documents, as long as they are public domain, whenever they come through.

    I don’t think you can find out who I am. I said I worked in law. I did not say that I was an attorney. And I have far too many friends of my age who also worked in law.

    The reason I will not reveal my name is that if you do not do exactly what Madge and Allard want, they sue you. At my age, I do not see why I should give up my anonymity, which is the very basis of blogs in the first place, and expose myself to legal actions by Madge and Allard. I know that I have not said anything defamatory, but Madge and Allard specilaize in actions that are proved to be of no merit and Allard has a lot of money and I don’t want to have to take my savings and put them in the hands of a lawyer to defend me and then for me to win and get costs and Madge and Allard not to pay them – which is what has happened so far with the Kingsland cases.

    Why I comment? That is because I have a very great respect for the law and justice and people like Allard and Madge must be deterred from thinking that they can manipulate the laws and legal system to their own financial ends.

    Believe me, all it takes is for some of us to actually try to see as much of the evidence as the judges did, instead of jumping on bandwagons created for us by Keltruth and BFP. Then everyone, like me, will see this whole issue for what it truly is. And once seen, the weight of public opinion will put this matter to bed and the man in the street will realize the respect, admiration and comity that Barbados’ courts enjoy worldwide.

    A TV series, no. It isn’t that interesting and, like the cases Madge has brought, would cost far too much for no return.

    You take care now.

  45. Black Woman Who Reads

    Bush tea, it cannot work the way you suggest. I see your point and I understand it. However, if Sir David or anyone in public office used their office to institute a hearing or solution to a matter that they were personally involved in, it could be succesfully argued that they had used duress. If I were a public servant, I would not want to go there, and I can assure you that after you had thought it through carefully, neither would you.

    I have no doubt that if there were a case in which you were involved in which you thought you were in the wrong, you would ask your lawyer to settle it for you, rather than being wrong and strong. And it is very important that you get your lawyer to do this and not admit fault yourself, otherwise the other side will get far more than they are entitled to. But your solution is as the result of maturity and an appreciation of truth and justice and not everyone is like you unfortunately.

    Peter Allard is reputedly worth some $750 million US. He is backing Madge. So you see it is not the Bajan high ups that got the money, it is Madge and Mr Allard.

    Over n away, the documents I have seen confirm that Madge has 28,570 shares out of the 300,000 shares of Kingsland. As to the value of them, some years ago they were selling for $50 a share or thereabouts. That is just under $1.5 million. What they are worth today, I do not know, except that the value must have risen considerably if, as is rumoured, Kingsland is now debt-free.

    The truth is that the value of the shares really has nothing to do with what they are valued at for tax purposes, but everything to do with what somebody is willing to pay for them. Think of your house – would you accept the value that the land tax values it at for tax purposes if you were going to sell it? I think not.

    I gone for the rest of the day. Sea bath and make dinner for my youngest grand. But I have had a terrific day. Thank you all so very much.

  46. Jeppa

    Thank God for BWWR! This argument has been lopsided at best for too long. What BWWR may not know or has not revealed is that this is the second case in Canada as the first one was thrown out and the defendants awarded costs. One of the defendants was awarded over CDN$65000 in costs. This sum however has remained in Canada to be used for the second case. Would you care to comment on this Mrs. Davis?

    Once again BWWR for the breath of fresh air!

    J

  47. Pat

    BWWR:

    I love you, I really do. I did not expect you to respond to my suppositions, but you did. Thanks. You see, I have an enquiring mind and there are always extraneous factors surrounding issues like these. You are one of the few people around here in addition to ‘Bush Tea’ and Yardbroom who are rational thinkers and do not run on emotion. I like the way you lay out your ideas.

    If you were a lawyer, I probably met you during the mid 60’s (66-67) when I worked in the Registry. I took the filings. (I was skinny and red. I am a woman. My name is Patricia but one calls me Pat. You do not have to identify yourself, BFP does not for the same reason that you should not either.) There were about 4 females lawyers and about 2 female solicitors that I met during my stint as documents clerk there. But it is of no importance. Some never came but sent their articling clerks.

    I am grateful to you for filling in many of the blanks for us. It will be interesting to see the results of the Canadian case. It will be historic if the Canadian lower court judge overturns the judgment of the British Privy Council, the court of last resort for Barbados. I, personally, cant see it happening. They are still lots of unanswered questions, but I guess they will all come out in the wash.

  48. JC

    I like you, Black Woman who Reads you keeping it too real! Please keep us informed.

  49. Redds

    I truly thank BWWR for the enlightenment

  50. Red Lake Lassie

    So many farmers tried to get permission to develop their land and were refused. Then along comes Glyne Bannister, David Shorey or some “somebody” and they buy the land for little and a few weeks later they get permission to develop the same land. This after the farmer was denied for ten years or better.

    Keep on digging BFP! Keep on scratching away at your ITAL subjects. you have done more to change Barbados for the good in the last year than any politician or political party.

  51. Black Woman Who Reads

    Pat, thank you. I really like you too.

    Jeppa, I had heard that rumour, but thanks for confirming it.

    I do not think the Canadian case will come off at all. I have two reasons for this. These are:

    LACK OF JURISDICTION

    This case deals with a Barbados-registered company (Kingsland) that is privately owned and the Government does not own any interest in it.

    Nelson Barbados Group Limited is an Ontario-registered corporation incorporated in Canada on November 15th 2005, 5 months after the Privy Council handed down its decision against Madge Knox.

    The sole director of Nelson is Donald Best who gives his address as 40 Coldwater Street East, PO Box 520, Orillia, Ontario – which happens to be the same address as Bill McKenzie, the legal counsel for Madge Knox/Allard and Nelson and whom I am going to refer to hereafter as “Little Billy Goat”. And when I post the judgment on the security motion of Justice Bryan Shaughnessy of the Canadian court, you will all see why, although then you may want to call him “Big Billy Goat”, because a bigger goat there never was.

    Nelson is complaining about the conduct of the affairs of Kingsland since its incorporation in 1958, 47 years before it itself came into being.

    However, as the country of Barbados has no vested interest in Kingsland, no Canada-Barbados bilateral trade agreement has been breached and therefore no Canadian court has jurisdiction to try the case.

    About a week ago, Kathy Davis, under the impression that we are all fools, posted an affidavit from Vevco on Keltruth that she stated was inexplicable since she could not understand why Vevco wanted to have the case heard in Barbados instead of in Canada, because its office is in Alberta and that is in Canada. However, those of us who can read are able to say that Vevco’s affidavit has to do with the lack of jurisdiction of the Canadian courts to try the case. Vevco states that the case has to be tried by the BARBADOS courts. Nowhere does Vevco object to the matter being tried by the Barbados courts sitting in Canada.

    STANDING

    You cannot just bring an action. You have to have STANDING to bring an action.

    So, what is Nelson’s standing?

    Nelson’s standing is that it has acquired Madge Knox’s shares in Kingsland, IT SAYS. It acquired them when Madge Knox transferred them to a trust in favour of her children who then transferred them to Peter Allard who transferred them to Nelson.

    The question is did Madge Knox actually transfer the shares legally?

    Mr. Justice Lionel Greenidge thinks NOT.

    Can the transfer be set aside? Most certainly IT WILL in my opinion.

    The result?

    Nelson has no standing and therefore there can be no case.

    So there are two points on which I sincerely doubt any Canadian case will be heard.

    Nelson/Knox/Allard option? Simple. File the case before the Barbados courts.

    Will it succeed?

    NO. It will be ruled res judicata. Already tried.

    The Nelson action is BARE RUBBISH. “Professor” John Knox, Madge’s son, has filed copious affidavits but, he implies, have been too terrified to “create and swear” them in Barbados, so he has got Little Billy Goat to fly to Miami and meet him there to “create and swear”.

    One of these affidavits goes into detail about how Erie Deane’s retarded son Charles saw some people, that included the then attorney-general, David Simmons chatting on land belonging to Kingsland and telephoned Madge’s daughter, Jane Goddard – an even bigger idiot. Based on the supposition of Jane, as no one from the government would respond to her as to why the AG and friends were on Kingsland property, the worthy “Professor” Knox is satisfied that David Simmons was discussing a purchase by government of those lands of Kingsland to put up the new jail. I had this image ever since of Jane Goddard sitting in the lotus position and listening in to the conversation by psychic means.

    It gets better. The “Professor” then takes himself off to the Land Registry and institutes a search to see if the government has acquired Dodds Plantation – a search going back 50 years.

    Now, Pat, from what you have told me, you got to be in your 60s. My eldest son it in his 60s. Every time he misbehaved as a child, his Daddy and I used to threaten him to send him to Dodds. Because at the time Dodds was the prison facility for young offenders. As far as I can remember, it always has been. Naturally the “Professor’s” 50 year search unearthed nothing. But you know, I was present one day when the “Professor” was a child and his Granny threatened him with Dodds and the “Professor” started to cry real loud – and the “Professor” is now well in his 50s. So maybe the “Professor” ought to have gone back a little more than 50 years in his searches.

    And BFP wonders why Cave Hill did not renew the “Professor’s” contract? HELLO!!!

    I leave you now with the Judgment of Justice Lionel Greenidge and I direct your attention particularly to the paragraphs numbered IX, XIX and XX. This illustrates clearly the Madge Knox I have known and disliked for over 80 years and how she has raised her children in her own image.
    BARBADOS
    IN THE SUPREME COURT OF BARBADOS
    HIGH COURT
    Civil Division
    No. 2240 of 2002
    BETWEEN:
    ERIC STEWART DEANE Plaintiff/Judgment Creditor
    AND
    MARJORIE KNOX Defendant/Judgment Debtor
    AND CONTINUED BETWEEN:
    ERIC STEWART DEANE Plaintiff/Judgment Creditor
    (in his individual capacity and as
    the qualified executor of the Estate
    of Colin Ian Estwick Deane dec’d)

    AND
    MARJORIE KNOX Defendant/Judgment Debtor (by order of Court made on the 19th February 2004)
    Before the Honourable Mr. Justice Lionel Greenidge, High Court Judge in chambers on the 30th September 2002; 16th February 2004; 19th February 2004; 27th February 2004; and 5th May 2004; and
    Mr. Vernon O. Smith for the Plaintiff/Judgment Creditor
    Mr. Alair P. Shepherd Q.C. for the Defendant/Judgment Debtor
    DECISION
    Background
    I. This is an application by Originating Summons for a charging order against 28570 shares held by the defendant/Judgment Debtor in Kingsland Estates Limited a family owned company formed by the late Ebeneezer Estwick Deane for the benefit of the Deane family. The Originating Summons was filed on 8th October 2002 and was acknowledged on behalf of the defendant on the 23rd of October 2002. Nothing appeared to have been done by the parties until the 30th September 2003 when it was heard ex parte at the request of the plaintiff/judgment creditor. I then made an order in terms of paragraphs 1, 2 and 3 of the summons, namely

    (1) an Order charging the 28570 shares in the private company Kingsland Estates Limited owned by the defendant/judgment debtor Marjorie Ilma Knox to satisfy the sum of $378,102.00 being the taxed costs awarded to the applicant/judgment creditor Eric Ian Stewart Deane under the judgment of the High Court made on the 7th December 2001 in the Supreme Court action No. 1805 of 1998 (Civil).
    (2) an injunction restraining the defendant/judgment debtor Marjorie Ilma Knox by herself, her servants or agents or otherwise howsoever from selling charging or otherwise disposing of the said 28570 shares.
    (3) Costs

    II. The matter next came before me on the 16th February 2004 as an urgent application by summons by the defendant/judgment debtor seeking the following orders:

    1. That all further orders be stayed and/or struck out and/or dismissed until:
    This Honourable Court has concluded the hearing of High Court Action No. 2279 of 2003 and entitled Eric Ian Stewart Deane Plaintiff and Marjorie Ilma Knox Defendant; and/or
    The review by this Honourable Court of the taxation of costs in High Court numbered 1805 of 1998 and entitled Marjorie Ilma Knox and John Vere Deane and others respondents had concluded.
    The Plaintiff takes the appropriate steps to clarify his status as to whether he sues herein in his own behalf and/or on behalf of the estate of Colin Ian Estwick Deane Deceased.
    2. That such order be made as to the costs of this application as shall be just and convenient in the circumstances.

    III. In the meantime an order has been made by another Judge in chambers on the 21st October 2003 for the discharge of the order of the 30th September 2003.
    IV. At the hearing of the 16th February 2004 the plaintiff/judgment creditor applied for leave to amend to reflect that the proceedings were being brought in both his personal capacity and as the personal representative of the estate of Colin Ian Estwick Deane Deceased. There was no objection by the defendant/Judgment debtor and I granted leave to amend at the adjourned hearing on the 19th February 2004. The matters raised substantively in the plaintiff/judgment creditor’s amended Originating summons were identical to those mentioned in the first originating summons.

    The Transfer of Shares
    V. Mr. V. Smith for the applicant grounded his application on Order 50 rule 2 of the Rules of the Supreme Court and his supporting affidavit deposing to a sum of $378,102 being the taxed costs awarded to the applicant plaintiff/Judgment creditor and in respect of which he is seeking a charging order against the defendant/Judgment debtor’s shares in Kingsland Estates Limited. He refers to the purported deposition by the defendant/judgment debtor of her shares in a declaration of Trust allegedly made on the 28th November 2002 and referred to in her affidavit (Exhibit MK8) filed on the 8th October 2003. He contents that this was a voluntary disposition of property contrary to Section 193 of the Law of Property Act CAP 236 and is therefore voidable at the instance of the plaintiff/judgment creditor who is prejudiced by the defendant/judgment creditor’s action. He contends that the purported Declaration of Trust was done with intent to defraud the plaintiff/judgment creditor.
    VI. Mr Shepherd objects to the allegation that the defendant/judgment debtor entered into a Declaration of Trust with the intent to defraud and alludes to a mortgage exhibited to the affidavit of Jane Goddard the daughter of the defendant/Judgment debtor in which it is mentioned that the said shares were charged to the same mortgagee who also had a charge on a property at Hanson entered into by her and her husband Larry Goddard, the charge on the shares being supplemental to her own charge.
    VII. It is noted that apart from mention of the said shares being charged as noted above no document evidencing such charge of the shares entered into by the defendant/judgment debtor was produced to the Court. What is of more concern is that if the shares were in fact charged as alleged, why then did the defendant/judgment debtor proceed to try to dispose of her beneficial interest in the shares and thus claim to be a bare trustee of the shares of which she had notice that a charging order was being sought. Section 193 of the Law of Property Act CAP 236 says:

    (1) Save as provided in this section, every conveyance of property made before or after 1st January 1980 with intent to defraud creditors is voidable at the instance of any person prejudiced by it.
    (2) This section does not affect the law of bankruptcy.
    (3) This section does not extend to any estate or interest in any property conveyed for valuable consideration or upon good consideration to any person in good faith not having, at the time of the conveyance notice of the intent to defraud creditors.

    VIII. “Property” includes anything in action and any interest in lands chattels or rights which are treated commercially as property.
    IX. I am satisfied that at the 28th November 2008 when the defendant/judgment debtor purported to transfer her beneficial interest in those shares to her children she did so upon notice that the plaintiff/judgment creditor was seeking a charging order on those said shares and that her allegation that she is now a bare trustee is not proven. In my view her conduct “delayed, hindered or defrauded” the plaintiff/judgment creditor: Ideal Bedding Co. Ltd. v Holland 1907 2 ch p157.

    Shares in Private Company
    X. Order 50 rule 2 of the Supreme Court says:
    “The Court or Judge may on application of a judgment creditor make a charging order charging stock. An application under this paragraph must be made by summons in Form 3 in appendix “A.”
    XI. Order 50 (1) also provides as follows:

    “company means any public company whether incorporated or not. “Stock includes government stock shares debentures and debenture stock funds annuities and dividends and interest and monies standing in the name of the judgment debtor or any other person in his behalf”
    XII. It has been settled in Harrison v Trade Confirmers 1988 Barbados Law Reports 123 at page 127 by Williams CJ as follows: Counsel’s point is that the shares on which a charging order was imposed are shares in a private not a public company and the charging order was not validly made.
    XIII. The relevant provisions are taken from the old English Rules, see for instance the Annual Practice 1962 Vol 1 order 46 rules 3 and 5 and the note to rule 3:
    “As to what is a public company within the meaning of the Judgments Act 1838, see MacIntyre v Connell 1851 1 Sim NS 225 Lindley on companies (6 ed) p 643. In practice private companies being incorporated under a general statute are treated as included in the description for the purposes of these Rules (cf Re White [1913] 1ch.231.”
    XIV. The learned Chief Justice accepted the authority of Hawks v McArthur and others 1951 1 All ER 22 where a charging order had been made under s. 14 of the Judgments Act 1831 in England.

    JURISDICTION

    XV. Mr. Shepherd’s final objection to the orders sought is that the Court has no jurisdiction: that if Barbados ever had any jurisdiction in the matter it would have had to be exercised under the Common Law before Barbados acquired its own legislation; that there was no longer a Court of Common Pleas which allowed only a charging order on lands. The Court of Common Pleas was abolished by the Supreme Court Act 1956 and that act did not give jurisdiction to charge shares. Neither did the Supreme Court Act CAP 117 now replaced by CAP 117A. Mr Smith counters by referring to the Colonial Laws Validity Act of 1865 section 5 of which is instructive:

    “Every Colonial Legislature shall have and be deemed at all times to have had full power within its jurisdiction to establish Courts of Judicature and to abolish and reconstitute the same and so alter the Constitution thereof and to make provisions for the Administration of Justice therein and every Representative Legislature shall, in respect to the Colony under its jurisdiction, have, and be deemed at all times to have had, full power to make laws respecting the Constitution, Powers and Procedure of such Legislature; provided that such Laws shall have been passed in such Manner and Form as may from time to time be required by any Act of Parliament Letters Patent, Order in Council, or Colonial Law for the time being in force in the said Colony.”
    XVI. Notwithstanding that the Judgments Act 1838 of England was not extended to Barbados and Barbados never had a Charging Order Act like the 1979 Act of the United Kingdom as stated by Mr Shepherd in his written submissions, the High Court of Barbados by virtue of the Supreme Court Act section 12 CAP 117A and CAP 117 before exercised
    (a) all such jurisdiction as was heretofore capable of being exercised by the High Court; and
    (b) such other jurisdiction as is conferred by this Act or any other Act.
    XVII. This was, in my view, consistent with the enabling power recognized by the Colonial Law Validity Act.
    XVIII. Further I am of the view that the Court of Common Pleas had jurisdiction somewhat like that given by Rule 50 of the Supreme Court Rules. Section 235 of the Common Pleas Act 1911 (now repealed) empowered the Court to issue execution on a number of assets which included “money, cheques, bank notes bills of exchange promissory notes bonds specialities or other securities….” In my view this power was wide enough to include shares in a company. Even if I am wrong in this view I would hold and do hold that the court in this case has the necessary jurisdiction to make a charging order on the defendant/judgment debtor’s shares not only by virtue of Rule 50, but also by virtue of the jurisdiction it had previously exercised and which was recognized and saved by the Supreme Court of Judicature Act. Further there is a decision of the Court of Appeal by which I am bound – the decision of Williams CJ in Harrison v Trade Confirmers 1988 above mentioned.
    XIX. Additionally CAP 117 section 81 of the Supreme Court Act also empowers the Rules Committee to make rules of court which pursuant to section 2 includes rules in force by virtue of the Act as well as any rules to be made under the authority of the Act….I am satisfied therefore that order 50 of the Rules of the Supreme Court was made pursuant to this enabling power and that the Court has jurisdiction to make the charging order sought. To not make the order would leave the applicant/plaintiff judgment creditor without the opportunity to secure costs awarded against the defendant/judgment debtor while allowing her to attempt to hide those assets. That would be wrong. This is a court of law and equity and is bound by the provisions of the Supreme Court of Judicature Act. I am also bound to follow the decision of the Court of Appeal in Harrison v Trade Confirmers mentioned above.
    XX. I am also satisfied that there are no special circumstances in the instant matter to grant a stay. If ever there had been merit in the application for a stay of execution it should have been applied for as soon as the decision in the principal action #1805 was given. See Burnett v Francis Industries CA 1987 2AER p328.
    XXI. It is my order that:
    The defendant/judgment debtor’s application therefore fails
    The plaintiff/judgment creditor to have the charging order sought and his costs of the application to be taxed or agreed.

    Prepared by Mr. Justice Lionel Greenidge, Judge of the High Court retired.

  52. BFP

    Whew! That was quite a read BWWR.

    Now I am reminded why most of us hate lawyers. It was all legal mumbo jumbo that did not at all address the central issue: Were members of the government and elites in a conspiracy to buy land for pennies, then approve change of use and make millions?

    As to Professor Knox being fired, you think it is ok for a citizen to threatened to lose his job if he continues to be a witness against big-ups and government officials? Do you really think that kind of extortion is a good thing for Barbados?

    In my mind, the threats of violence and the threat to fire a citizen if he doesn’t shut up about what he knows are the most damning condemnations of Bajan society that have surfaced in decades. It means that those in charge of the justice and legal system, the media and the government are rotten to the core.

    Good god – none other than the brother of the Chief Justice of Barbados threatened that Professor Knox would be fired unless he stopped testifying and then Know was fired when he continued to testify !

    That is the stuff of the French Revolution and the American Revolution my friend. It strikes at the very heart of what kind of society we have and what kind of society that we are willing to tolerate.

    Thompson and the DLP soon better start to clean up this mess and no stopping or half way measures.

  53. Hants

    BFP..have you considered the possibility that the land owners may have approached selected Big ups and or Politicians and offerred them cheap land knowing that it would influence future “issues” favourably?

  54. Black Woman Who Reads

    Hants,

    You and I can speculate all we want. However, we have to face it that Madge Knox has committed FRAUD! She is a fraudster and any cases she brings and any reports from Keltruth have to be subjected to the most stringent examination. Remember, Keltruth said that her agenda was JUSTICE! So clearly she thinks that fraud is not both a crime and a civil wrong. And since she has no concept of justice as the rest of us see and understand it, how can anyone possibly trust her or Allard or Nelson Barbados.

    If you can prove the landowners have offered cheap land to POLITICIANS in order to broker a deal for themselves AND the POLITICIANS (meaning those holding political office) have accepted, then, my boy, we are in business and can go after them.

    As far as “Big ups” are concerned (and by that term I assume you mean people who have made something of themselves and their lives) as long as they are not holding public office, then it is none of our business.

    By the way, with a reported US$750 million in the bank, what do you think that makes Allard and Madge Knox? Poor black people?

    And suppose Sir Cow Williams had a job that you wanted and you thought that, to get that job you should offer to sell him some cheap land and that is what you did. You trying to tell me that that is anybody’s business but yours and Sir Cow’s?

    If the land belongs to a company, a decision to sell (price immaterial) is for the directors – and as I have shown, and if Erie Deane or Keith Deane would get off their lazy, cowardly you-know-whats and join this discussion and confirm it, Madge was a director of Kingsland from December 1985 until August 1995 and therefore she agreed to the cheap land sales. So she can’t come and complain now.

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  56. Black Woman Who Reads

    BFP, gimme a couple of days and we will see what the Canadian courts, whom you apparently think are superior to all others, had to say about the threats you are talking about. I will endeavour to obtain a copy of Justice Bryan Shaughnessy’s Reasons and you can have another little read.

    I think the true scope of the conspiracy and the real culprits will be clearly seen by your readers, if not by you.

    I think the “threats” by Peter Simmons will also be seen in perspective.

    By the way, I want to quote the bit where you say Peter Simmons threatened the livliehood of “Professor” Knox and this is just a little taste of what is to come – if I am still permitted post:

    Peter Simmons said, in part, “……there are some people around Barbados who are very, very angry with Bill McKenzie — I mean even some of the members of the Deane family — one of them told me this morning that he has come here (to) drag John Knox into this thing. He’s made John Knox swear affidavits which contain information which is totally false and John Knox is going to have to end up having to carry the can because in addition to putting his job in jeopardy there are people who are prepared to sue John Knox including the Chief Justice of Barbados, and they are blaming McKenzie for this.”

    Now, where in that do you see Peter Simmons threatening John Knox as such? What I see is Peter Simmons voicing the concerns of the Deane family as stated to him by a member of that family. And one of those concerns is that John Knox may have placed his job in jeopardy.

    This to me is a matter for a court to decide and without a full transcript and a copy of the recording to listen to, the leap of faith, BFP, that you are asking us to make is just far too great.

    And BFP, as for your lauding of John Knox for coming forward to tell the truth, given that he is an accessory to his mother’s fraud, how do you know that it is the truth that he has told? Hmmmmmmm, BFP, hmmmmmm.

  57. Pat

    BWWR:

    Thanks a million! What a woman. What a family. Who in their right senses would transfer shares as collateral/gurantee on a mortgage without proper legal documents? I am glad the Judge saw through this and referenced the precedent setting case.

    I like paragraph XVIII, imagine questioning the rights of the court before someone like Greenidge. He was always a bright fellow and I am sure he had good legal researchers to help do his ‘searchings’. Imagine going to court, wasting court time trying to evade having to pay judgment. Imagine trying to hide assets so as not to pay a legal debt. That is dishonesty pure and simple.

    I think if discoveries were held before the case, a lot of this nastiness would have come out. It costs more money, but at least you know what the grounds are and what you are dealing with.

    BWWR, I agree with you. Canada is not the right jurisdiction and then, it is in such a small town where they filed.

    By the way, I am in my 60’s and I knew about Dodds before I started high school at 11. I also knew of Sommerville. In fact, when I was 9, a girl from Tent Bay was sent to Sommerville. We all thought she was wronged by her boyfriend and the headmistress took the opportunity to give us a lecture, young as we were, on Dodds and Sommerville and how we can end up there. It would appear that Professor Knox may have book learning but not much else. I wont want him to lecture me. He seems to me, to lack any semblance of critical thinking. Maybe it came through in his lectures? Of course, anyone can read and regurgitate.

    BFP refers to your latest post as legal mumbo jumbo. That is an excuse used by many who do not understand what they readeth.

    ************************

    BFP says

    It is an interesting case isn’t it? And it is the duty of lawyers to tangle things up so that their clients never have to face the truth or justice.

    Has anyone ever taken the witness stand in all these legal actions? Has anyone on either side ever had to be cross examined under oath by a lawyer on the other side?

    Better yet, does anyone know who purchased the lands so cheap, who owns them now and when land use permissions were changed on the lands that were sold so cheaply?

    A very interesting case indeed and we look forward to following it as it develops further.

    Meanwhile… speaking of “Justice in Barbados”… does anyone know what happened with the Ronja Juman case?

  58. Red Lake Lassie

    Black Woman Who Reads keep talking about Allard Allard Allard. How is this Allard involved in this case? I don’t see that name on the legal documents at BFP or Keltuth

  59. Partial

    BWWR – you are starting to show your tail. Be careful. First of all, I am putting it to you that you are not a woman and you are certainly not over 80 years old. When I added a comment earlier for fun that you may be the CJ’s “brudda”, you responded to that by stating that you were certainly not his “brother” and everything else you have posted was done in perfect English. Now you come back in a post and ask BFP to “gimme” a couple of days etc. That is certainly not the form of a verb that an older 80 year old educated in law female would use.

    Experts in the use of identifying patterns of the written word would expose you in a minute.

    You still have not addressed BFP’s concerns.

    All of a sudden everyone now loves BWWR and believes every word she (he) says. I am a cynic, and make no excuses for it. I believe that most people have an agenda and will lie for one reason or another. I prefer to keep an open mind and let the cards fall where they will. Lets keep this ball rolling. Absolutely fascinating. I await the next episode!

  60. Partial

    Black Woman Who Reads – I’m going to do like you now and like I try to do everyday. I’m going to take a sea bath, it’s awfully hot and muggy outside. The rain that was supposed to come this a.m. hasn’t come yet. Guess we’ll get it tomorrow at cricket. Only problem is I en got nuh gran to cah wid muh!

  61. Darnley L. Pinder

    Dear BWWR
    you should change your name to Black woman who Writes too much.

  62. Justice

    BFP, is there a Roma Juman case? Has she sued in court?

  63. Black Woman Who Reads

    My dears,

    Ths issue is not who I am, although I am what I say and I have no compulsion to identify myself to you who are also not identified.

    I have proved, not on a balance of probability, but beyond a reasonable doubt, that Keltruth is a liar in so far as the CENTRAL issue Kingsland is concerned. My identity, sex, age and the rest are not issues here. Kingsland and the truth of Keltruth concerning are. I have proved that they are LIARS and FRAUDS.

    People who are really interested in justice and advancing the course of justice will focus on the central issue and eschew the rest.

    And since was there something wrong with writing good English? You think you can have a career in the Courts without that?

  64. Underdog

    BWWR, you lost your credibility when you called one of the Deanes retarded. That was just nasty and uncalled for.

  65. JC

    Underdog, that is why there are the blogs and then other forms of correspondence. The Blogs are not put here so we can be decent in our thoughts. It is here to deal with the facts and for us to reason, and see who is being truthful. BWWR do de dog on dem. Oops Do the dog”

  66. Pat

    BWWR:

    I, personally, do not care if you are man, woman or hermaphradite. I dont care if you are old, young or inbetween. I dont care if you write proper or Bajan. I care that you opened my eyes by posting parts of the Judgment above. I am no longer bent over with sympathy for Mrs. Knox. I also wonder where her highly educated and intelligent children were when all of this alleged unfairness and robbing was taking place.

    Underdog, how do you know that one of the Deans are not actually mentally disabled? It appears to me that BWWR seems to know the family very well. There are also those who may not have been diagnosed but because of their less than stellar cognitive abilities may be labelled retarded. The terminology is constantly used as a metaphor.

  67. Hants

    This saga has lies and video tape. All it needs now is Cex and a “movie” can follow the “book”.

    ****************

    BFP says,

    Hi Hants… it does too have sex!!!!

    BLP Government Minister Gline Clarke built a house for his mistress on Kingsland property that his government expropriated.

    See…

    Barbados Government Minister Gline Clarke – House and Mercedes On Expropriated Land

    … for the story and photos! 🙂

  68. JC

    BFP you are bare trouble I loove it LOL!

  69. Underdog

    I also know the Deane family. The family member mentioned is not by any stretch of the imagination retarded. Nor is Janie Knox an “idiot”.

  70. Hants

    BFP says,

    Hi Hants… it does too have sex!!!!

    OK BFP….Time to ask Austin Clarke to write a sequel to his novel “The polished Hoe”.

    On a personal note,I have no sympathy for anyone who is worth more than me “financially”.This is a case of a family with a lot of assets who should not be at war with each other.
    The story interest me because I have to deal with one of the Lawyers in this saga.

    Hopefully I will not have to resort to my “inner thug” to resolve the “contentious matter” I find myself dealing with.
    There is something about land ownership in Barbados that brings out the worst in people.

  71. over n away

    Black Woman Who Reads is none other than Iain Deane. I know him well and apologize to everyone for his cruel diatribe.

    The vicious attacks on members of his family are the manifestation of a tormented soul. Perhaps his past and his conscience are the cuase of his delusions.

  72. Pat

    Underdog:

    thanks for the clarification. Maybe BWWR was speaking figuratively. Either way, I am not really concerned, they all what Bajans call “big ups”.

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