Rule Of Law Dead In Barbados: Government Allows Certain Companies To Ignore Laws

Corporate Anarchy & Political Connections Trump Rule Of Law In Barbados

It has been a while since we dropped in on Keltruth Blog to look at the ongoing legal battles surrounding the US$ 1 Billion dollars of prime Barbados property known as “Kingsland”. We’re not even sure how many lawsuits are going on in Barbados, Canada and Britain – but we know why they are happening…

It is a dispute over prime Barbados land valued at over one Billion US$ Dollars. As they say… When it starts with a “B” that is real money.

The list of people involved in the case reads like a “who’s who” of Barbados royalty – and includes the current Prime Minister David Thompson, past PM Owen Arthur, Chief Justice SIR David Simmons and a host of lawyers and courtiers to the island’s rich and powerful.

The issues and the legal battles seem complex to the ordinary person…

But every so often a simple truth pops out of the Kingsland lawsuit and causes us to say “Yes, we see what is happening.”

Last month the “simple truth” was the fact that Barbados diplomat Peter Simmons was tape recorded during a phone call where he relayed threats to harm one of the opposing lawyers, and also to fire a University of the West Indies professor if that person continued to be a witness in the case. (See BFP’s Justice In Barbados – Shut Up Or Else! Court Witness Fired From University Of West Indies Professorship. Brother Of Chief Justice Simmons Delivered The Threat)

Just as the brother of the Chief Justice threatened, the University Professor was fired – so it is obvious that Peter Simmons, his brother Chief Justice David Simmons and other big-ups will do anything to get out of this Kingsland lawsuit.

This month we have the elites pulling more dirty stunts as they use their governmental powers to crush opponents in a civil lawsuit

Not so long ago, the Chief Justice was overheard saying, “piss on them”. (He really was overheard saying that and he really does talk like that sometimes, you know! Justice Simmons probably should be more circumspect when in a public venue – bon-homme and music flowing or not.)

Whether the Chief Justice or one of his co-defendants did the deed, Keltruth Blog reports more strange happenings surrounding the billion-dollar lawsuit called Kingsland…

Barbados Government Corporate Records “Disappear”

Keltruth Blog reports…

“The Company’s Act, besides requiring a Company to provide figures to each shareholder, also requires that 21 days before the Annual General Meeting, a copy of the financials must be lodged with the Corporate Registry. Consequently, members of the Knox family went to the Corporate Registry. The Assistant Registrar, Mr. Blackman, was most helpful but neither he nor the Registrar, Ms. Heather Clarke could find the Kingsland Estates Ltd. file! In Barbados, sensitive documents are often elusive to the private citizen.

“In Barbados, sensitive documents are often elusive to the private citizen.”

Oh yes… how many people have heard that folks went to the corporate registry or the land registry looking for a file and “It can’t be found”… yet a few weeks later when a connected person needs to purchase some land or change a directorship for a corporation, the file is located in a few seconds…

Welcome to Barbados!

Some Barbados Companies Aren’t Required To Keep Financial Records!

Keltruth Blog also reports that two front companies involved in the lawsuits – Kingsland Estates Limited and Classic Investments Limited – don’t bother with the laws of Barbados when it comes to keeping financial records or disclosing the records to shareholders or filing them with the government.

Of course, no charges have ever been laid against these companies even though they have gone years without complying with the law.

How interesting that companies associated with the CHIEF JUSTICE OF BARBADOS don’t bother to comply with our laws! Oh well… it is not like these companies fear the courts!

One Law For Them… And Another Law For Us

My friends, we all know that there is one law for the elites and one law for the rest of us on our small island. The justice system, the police, the news media and the courts are often nothing more than tools of the elites.

Sometimes naive foreign investors realise all too late how the system is stacked against them in Barbados. “Everyting be fine” as long as everything is fine, but when there is trouble the little people and foreigners want justice – well, that is another story!

Mostly these injustices are reserved for Bajans – who know when to keep their mouths shut and their eyes closed. But increasingly, foreigners are coming to realise that justice in Barbados is a crap-shoot.

In Barbados, the outcome of any lawsuit is more often than not dependent upon those involved, rather than justice and rule of law.

If you can take it. If you want to know about justice in Barbados….

Head on over to Keltruth Blog where the court documents are published. You sure won’t find the case mentioned in the Barbados news media!

Further Reading

Keltruth Blog…

Kingsland Directors Do It Again! Annual General Meeting Called In Violation Of Company’s Act

Suspicions Confirmed: No Audited Financials filed for Classic

Kingsland Directors Persist – Meeting Held In Violation Of Companies Act

Canadian Legal Action: Names of Clients and Lawyers

Barbados Free Press: Barbados Land Sold At 16 Cents Per Square Foot!

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26 Comments

Filed under Barbados

26 responses to “Rule Of Law Dead In Barbados: Government Allows Certain Companies To Ignore Laws

  1. akabozik

    This makes me sick. This makes me angry. I KNOW the truth of what is happening although I don’t know anything about this Kingland. I KNOW what you are talking about. It is a long story but my uncle couldn’t win a court case because some people against him were BEES and he was a DEE and he could not get justice. Court reccord disappear, found, disappear, found, gone for good.

    Court is scheduled for Tuesday and he lawyer go to court on Tuesday and they say “It was Monday why you not here?” My uncle said “You say Tuesday” and the judge say “My book say Monday” and that is a LYE.

  2. Fool me once

    Law cases never finished.
    Judges rearrranging their notes to suit a big up. Lawyers lying to judges.
    Estate lawyers never getting around to finalizing estates they get paid while beneficiaries are starving.
    Public prosecutors sending police to collect rent on building he owns.
    Chief Justice calling lawyers monkeys in a barrel.

    We’ve seen it all.

    System broken.

  3. 254.57

    “One Law For Them… And Another Law For Us”

    How true. It has always been that way in Barbados but never like the past 7 or 10 years.

  4. No Court Reporters!

    What a court system right out of the dark ages. Did you know that Barbados courts generally do not have court reporters? The judge keeps notes of the proceedings and what the witnesses said but this is inaccurate and often changed to justify a decision later on. Tape recording is not allowed so “the truth” becomes a moveable feast in control of the judge.

    I recall that the judge in the Rhonda Juman case changed his notes or so she said. I believe her.

  5. passin thru

    It is a serious matter if Barbados allows companies to get away with failing to keep proper business records and accountings. Hardly designed to encourage public confidence that Barbados is a worthy investment.

  6. reality check

    “it is a serious matter if Barbados allows companies to get away with failing to keep proper business records and accountings”

    What do you expect from a country that does not diligently produce detailed audited statements on all government operations especially “off balance sheet” companies like Gems, NIS etc etc.

    No law for them and rules and laws for the rest of us.

    Did Thompson produce proper financial statements for his budget last week and more importantly dare he?

    Foreign investors need to stay away until serious ITAL is passed and the government cleans up its act. The alternative is an ever increasing Mugabe like system of one law for the elite and no justice for the regular citizens and foreign investors.

  7. Bimbro

    Congratulations BFP, on highlighting the apparent, disregard for the law, in Barbados. I’m certain that this ‘don’t care’ attitude must filter-down through all levels of Barbadian, society with all manner of people believing they can get away with all manner of offences. Good luck in your efforts to have it stamped out!

  8. Perceived Corruption

    “It is a serious matter if Barbados allows companies to get away with failing to keep proper business records and accountings.
    Hardly designed to encourage public confidence that Barbados is a worthy investment.”

    …which has me wondering how Barbados manages to maintain a ranking in the lower 20’s
    on the Transparency Int’l. index of Least/Most Corrupt Countries
    to be found at http://www.transparency.org/policy_research/surveys_indices/cpi/2007

    but someone explained awhile ago
    that these rankings have little to do with public perception(me n U)
    but rather the perceptions of BigBizniss
    which would explain it all!

    If BigBizniss is in corrupt cahoots with a corrupt system/Gov’t.
    no wonder the “perceived-corruption level” is low
    for it IS THE NORM!!
    heh heh heh..

    THAT explains how-cum we’re number 23
    on the list of Golden Boys!

  9. politically incorrect

    Exactly “Perceived Corruption”. None of this is supposed to have anything to do with “me and you”.

    All of this is geared towards the “elites”.

    The problem is that in Barbados it has really gone over the top.

    Corruption exists everywhere, it is part of man’s fallen nature. However, I am widely traveled and now live outside of Barbados and I can honestly say that I have not come across a place in my experiences as corrupt as Barbados.

    That is the reason I left. BTW — I was born and raised in Bim — I’m no expatriate.

    It got to the stage, in my opinion, that I could no longer tolerate the “wickedness”. I have not regretted my decision.

    The more I read the blogs. The more it confirms my position.

    Rally on BFP. You are doing a creditable job.

  10. See See

    Still trying to push your pathetic Keltruth crap?

    Hahahahahahahaaaaaaaaaaa!!!!

  11. See See,

    You can’t answer Keltruth Corp., because what I publish is based on documentation.

    All you can do is to resort to name calling.

  12. Brutus

    I would guess that the vast majority of companies in Barbados do not make the required filings with Corporate Affairs. This is hardly an issue because in most cases directors and shareholders of those companies will likely have access to the information – it simply would not have been filed with Corporate Affairs.

    In the case of Kingsland Estates Limited and Classic Investments, all directors and shareholders may or may not have had access to the required information, but this does not mean that there was any grand government conspiracy.

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

    BFP says,

    So never mind enforcing laws, right? Why bother? Right?

  13. Amused.....

    A “free” press than bans dissenting opinion

    Oh the irony !

  14. grand conspiracy?

    “A conspiracy may be a continuing one; actors may drop out, and others drop in; the details of operation may change from time to time; the members need not know each other or the part played by others; a member need not know all the details of the plan or the operations; he must, however, know the purpose of the conspiracy and agree to become a party to a plan to effectuate that purpose. Craig v. U. S., C.C.A.Cal., 81 F.2d 816, 822.”

    Some people are burying their heads in the sand

    1) Government fails to pay for expropriated lands in the many millions of dollars for a number of years rendering a company supposedly impecunious

    2) auditors misrepresenting the financial statements of a company by not fully disclosing the full state of affairs of the company.

    3) lawyers deliberately and intentionally filing fraudulent affidavits and misleading the court.

    4) access by special interest groups to planning permission and attention not available to the average citizen.

    5) sale of land within the company over a number of years to certain directors at below market value and spun off to direct millions of dollars away from shareholders.

    6) intentional failure of Directors to file audited statements as required by Barbadian Law.

    7) the active attempt by persons connected with government to sell land they do not own or control at $800,000,000 US

    and on and on and on

    In short the concept of fair market value, full, fair and timely disclosure, and other such priniples do not exist in Barbados.

    This increasingly rotten system has for years been rigourously abused by crooked lawyers and politicians supported by grateful judges to rip off the little guy in Barbados and deny basic human rights.

    Contrary to the last comment everyone I know in Barbados assiduously files their required forms and payments as and when due.

    After witnessing this continued attitude of disrespect and abuse of the laws for so many years, perhaps it is time for those that are law abiding citizens and care to just pack up and leave and let the vultures pick the bones of what is left.

    Investors beware!!!

  15. JC

    I am elated to see the types of discussion on BFP; I hope that when the ‘politicians’ read these comments that they realise that a new breed of politics between the politician and thier employer has taken a turn, and it is for the better!

    If they step out of line bloggers remind them that they are not blind or daft!

    Keep it up BFP, we need to alert these persons to the fact that we are on to them and they have not fooled us one iota!

    They are corrupt bunch aren’t they? where do we begin ……

  16. Perceived Corruption

    “I am widely traveled and now live outside of Barbados
    and I can honestly say that I have not come across a place in my experiences
    as corrupt as Barbados.”

    Dear oh dear! That says a lot.

    And yet Barbados consistently maintains a place on the annual TI index, holding fast in the low-20s!
    This makes a mockery of the TI index, for it is calculated wrongly/illogically?

    Essentially the TI index is a sham indicator
    for if it is calculated using the Business-crooks’ perception of how cool the Gov’t.-crooks are, how’s that gonna work?
    All it amounts to then, is an indication of how well(or not) those two crook entities manage to get along!

    In essence,then.. Denmark,Finland Sweden have ‘a well-oiled machine’
    where they all agree to get along superbly
    – and at the bottom of the TI list
    we have the dregs like Bangladesh and Nigeria
    where there is evidently much crook-infighting?

    Am I reading the index right??

  17. Perceived Corruption

    What I’m saying is…
    surely an indicator of such consequence
    should take into consideration factors like public perception/opinion
    and what’s being said by the public
    on openly-frank blogs such as this?
    Maybe our little opinions simply don’t count!

    TI, are you listening??
    Somehow I think not!

  18. Barbados the Beautiful

    Someone call TI and ask them how they rate Barbados. One phone call a year to a big up is how and now we have the DLP trying to set up a local TI chapter so we know how that will end. Up goes our ratings.

    Maybe if TI would send BFP its criteria we could get an honest take on things. Do lack of ITAL, crooked lawyers, self dealing politicians not factor in somehow. We’ve got them all.

  19. Brutus,

    “I would guess that the vast majority of companies in Barbados do not make the required filings with Corporate Affairs.”
    This implies that you agree with the title:
    “Rule Of Law Dead In Barbados: … ”

    Give us the names of these companies.

    If they don’t file, how do these companies pay taxes? Is the Bajan public being shortchanged?

    What happens to individuals and small business owners who don’t file tax returns?

  20. Brutus

    Keltruth,

    Unless I misunderstood the original comments, you were referring to filings with the Registrar of Corporate Affairs. Companies are required to file annual, audited financial statements with the Registrar unless exempted. There may be other required filings with corporate affairs, I would have to check. In my experience, no penalty is enforced for non-filing. I can not think of any real disadvantage to the general public because of this non-filing – most of these companies are private companies whose shareholders and directors have access to the information they need anyway.

    Tax filings are not made to the Registrar or Corporate Affairs, they are made to the Commissioner of Inland Revenue. However as far as I know tax filings are not open to public scrutiny. There is a lot more compliance with the tax laws because these are enforced more rigidly.

  21. Amused

    “Essentially the TI index is a sham indicator”

    ————

    Yes only the Barbadian crooks have figured out how to fool TI (and get a false good rating) and yes the TI people are so stupid and easily fooled.

    yes that makes perfect sense

  22. Brutus,

    Thanks. That is useful information.

    So it possible for Barbadian companies to:
    1. selectively break one set of laws by deliberately withholding information from the public by not filing with CAIPO
    2. but then possibly comply with tax laws by providing the same information to Internal Revenue

    And then of course the Government will refuse to divulge the figures … nobody will ever know if any tax was paid …

    e.g. GEMS

  23. Thomas Gresham

    Dear BFP, Please delete Adrian Licorish’s entries on this blog. Wikipedia would consider it vandalism, delete and ban the vandal and that is a good benchmark of openness.

  24. NICK MAXIM

    Oh crap, I am married to a Bajan & we currently live in the UK. She wants to go back- now what the hell do I do?! This place sounds awful! I gotta’ get a job & a life in this “corrupt” place. Talk-about putting you off an idea…

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