Typical Justice In Barbados: Sandy Lane Maid Bribed To Not Testify About Sexual Assault By Millionaire

Pay Off A Victim, Then Thumb Your Nose At The Police & The Courts

The practice of paying off victims and witnesses to not testify in criminal matters is well established in Barbados, with the courts long giving their tacit approval.

Aside from the fact that this totally undermines public respect in our justice system and for the rule of law, it results in a class-based justice system where those who can afford to buy their way out of criminal charges are allowed to do so.

One justice system for the rich criminals, and another for everyone else.

Cynics may cry that is the way it works in New York or London where the rich can hire the best lawyers while the ordinary man goes begging if charged criminally – and that may be true in part.

But go to New York or London and try paying off a rape or robbery victim to not testify in a criminal matter where an arrest has been made and charges are before the court… Just try it openly and see what happens!

In civilized jurisdictions the courts know that if the practice is allowed openly or often enough in secret, it becomes a malignant cancer aimed right at the heart of the entire justice system. Good judges understand that. To preserve the authority of these justice systems, it is not unknown for witnesses who have “changed their mind” to be put in jail for failing to testify.

This also protects persons who might be falsely accused of a crime as an act of revenge or harassment – or in an attempt by a “victim” to profit from the accusation.

Undermining A Woman’s Right To Refuse Sex

When women who have been sexually assaulted or raped are paid off to “drop the charges” as happens in Barbados all the time, it makes it all the more difficult for women to testify in court against their attackers.

Yes, there are many reasons why civilised jurisdictions do not allow victims and witnesses to take money to not testify in criminal matters.

But in Barbados, the judges continue to permit this undermining of the public’s trust in the police, prosecutors and the courts.

It helps the Barbados elites keep ordinary folks in their place when it is widely known that those with money are able to buy off the justice system, even when charged criminally.

Sandy Lane Sex Assault – Big Names, Big Money

Six years later, the civil lawsuits are still flying over millionaire hedge-fund manager David Morrison’s assault of a maid in room 306 of the Sandy Lane Hotel. He was arrested by Barbados Police, but the charges were dropped when the maid was paid off: with the full knowledge of the Barbados court.

Keltruth Blog has the whole disgusting story: Sex, Money and Sandy Lane – The Money Manager and the Maid

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31 Comments

Filed under Barbados, Corruption, Crime & Law, Ethics, Human Rights, Police

31 responses to “Typical Justice In Barbados: Sandy Lane Maid Bribed To Not Testify About Sexual Assault By Millionaire

  1. Cynic

    Obviously the victim in question feels justice has been done and reparations have been made. She could have refused the compensation offered and gone to court if she choose to and sought compensation there.

  2. BFP

    Justice in the courts after a criminal charge has been laid and lives have been destroyed is not about how the victim “feels” about what justice may be.

    If that is the case, why have courts and judges?

    You don’t get it, do you? And you don’t get how this undermines the rights of all women.

    And what about the next victim? What is a good price for a rape or assault? And why should one accused be able to buy off the criminal charges while another cannot?

    And what about the next woman who says she was raped? Maybe she is just looking for a payout!

    You see… once this is tolerated, it makes a mockery of the courts and undermines the credibility of all victims.

  3. Life

    When I see comments like cynic’s it makes me realise that all the education, sophistication, wealth and intelligence in the world cannot free a mind. In Barbados we are still shackled by an insiduous type of mental slavery which makes us unable to demand or strive for better.

    Why can’t we see that this type of thing is indicative of 50 or 60 years ago where the plantation overseer or the local government big boy or civil servant could do anything to a female of a lower class and be assured that the law would not apply to him.

    Can we not progress as a society in these basic areas?

  4. Cynic

    I don’t see how this is a specific point about women rights, but I do accept that you make a good point about victims (of both sexes) rights.

    At the same time I think that there should be a place in a legal system for people come to some sort a reconciliation before going to the courts.

    Justice should be about redressing the wrongs suffered by the victim and correcting the behaviour of the criminal, sometimes the best place for that will be in front of a jury and sometimes not.

  5. Hants

    The rich and powerful will buy justice.

    Barbados is a Tourist centric country and there will always be concerted efforts to hide “problems”.

    If this assault took place as stated, it is obvious that the incident was “manipulated” to become part of a Sandy Lane owners personal conflict.

    The only proper way to deal with a rape case is to thoroughly investigate it and let it run its course in the law courts.

  6. Man In De Cane

    Hants is 100% correct. The only proper way to deal with a rape case is to thoroughly investigate it and let it run its course in the law courts.

    That should apply to every other serious offence too. It should be a serious matter if a victim refuses to testify.

  7. Equity

    The affront in a criminal charge is to the society, but it is primarily to the victim. If the victim is unwilling to testify, there is not much that a court can do. It certainly can punish the victim, but how does this assuage the pain caused to society? And it cannot punish the wrongdoer in the absence of evidence. I don’t know where you get the idea that it is all that different in other jurisdictions, BFP. The Barbados court has the same powers, but in the absence of evidence there has been no criminal offence committed and a victim cannot be forced to testify.

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

    BFP says,

    Respectfully, Equity, you are so wrong that the affront is primarily to the victim IF the victim can be bought off. The affront becomes to the whole of society. Suppose we allow all bank robbery victims to be bought off? Why stop at rape and assault victims?

    Again you are wrong about the victim not being forced to testify. Certainly in many jurisdictions spousal assault cases, once laid, must go to trial or guilty plea. The same with rape and sexual abuse/assault charges. Withdrawal for reasons of “victim refuses to testify” is not allowed and YES women have been sent to jail for not testifying.

    The victim can also be charged with laying a false complaint if a proper statement has been taken from her by the police.

    Tough love by the courts and law enforcement is the only way to break the pattern of abusive husbands (“i’ll never hurt you again honey, if you just withdraw the charges”), and the pattern of “cry wolf” complaints from wives where a false or exaggerated complaint of criminal assault is used as a control mechanism or an act of revenge by women.

    A community that adopts a policy of “we will not withdraw charges of spousal assault” soon finds that abusive men calm right down because they know that they will not be able to sweet-talk their way out of a trial or a guilty plea.

    You should do some research into the dynamics of spousal abuse and the response in many jurisdictions before you make such sweeping and final statements that are at odds with the truth.

  8. iWatchya

    There is a consistant pattern of payouts when it comes to rape cases…

    Just recently there was the rape case against the DLP candidate for Christ Church West where the plaintiff was paid out.

    This current trend makes sure that people will secound guess the victim of the alledged crime.

    What needs to happen is that, once the charge is made, that the matter is fully investigated and followed through in court. Unless, there is evidence the doing so would aggravate mental or physical strain on the victim.

    Don’t forget that the victim has to tell all in front of a courtroom of strangers and sometimes that payout may look better than actually following through with such a traumatic experience.

    Some women compare testifying in court as being similar to being raped all over again.

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

    BFP says

    The whole “pay off the victim” thing is out of control and is undermining the justice system and society at large. At a certain point the rights of the victim become secondary to the greater good of the community. Or should we say “the rights of the alleged victim” because men are set up all the time.

    The underlying problem is that we have leaders, police officers and judges who believe that the rule of law is not important. That has helped to create the problem in the first place and certainly perpetuates it.

    Powerful men on this island know that they can buy their way out of pretty much any criminal charge by paying off the victim. This happens so frequently that our society is starting to think that this practice is somehow normal, ethical and good for the community at large.

  9. Anon

    I bet HAL GAllOP represented Sandy Lane Hotel.

  10. 192

    Wow so I guess its not assault anymore, its prostitution. Which the courts could have charged him.

  11. The scout

    Until or unless rape cases are tried “in camera” most will finish this way. A check with the police some years ago when I was a member of an organisation and we were doing a special project on rape in Barbados, it was stated that there are approx five (5) rapes in Barbados per day, with only about two (2) per week reported. I myself sat on a rape case as a juror and promised myself that no-one close to me, be it sister, daughter etc would be raped all over again in the law courts by the defence’s lawyer and in public. It is the most humiliating experience a lady can go through.
    A little example is questions like this. How long was his penis? Do you wuk-up? Did you have an orgasm? Imagine your sister/daughter having to answer thes questions in front of a court full of strangers. Incedentally the judge orders the witness to answer the questions, while the defence lawyer is shouting and interrogating the witness who by this time is in tears.

  12. liz

    Doctors also do a lot of paying out for medical mistakes and they continue to practice medicine.
    I believe that once you accept the settlement then you agree to “keep quiet” and the doctor is free to continue his medical mistakes.

  13. bussa

    hey scout can you explain to me how an “in camera” court operates because as far as I am aware the court still exist of jurors the prosecutor the stenographers the marshalls the police the prisoners officers and finally the judge who are suppose to be all strangers in the case . You wrote that you did a project with the RBPF and you said that at least five person are raped per day . Did you recognised how easy it is for a person to be charged for rape in Barbados it is one of the few offences that all the woman has to do is turn up at a police station and report that she as been raped and the police place the matter before the law courts for a jury to decide.

  14. bussa

    Sometimes when i read these blogs I get the impression that some of these bloggers dont live in the real world. Here we have a situation where we live in a democratic society where freedom of choice is one of its main principles and a woman is assaulted and she has the CHOICE of seeking compensation or facing the law courts and the woman in being chastised for choosing compensation. Hey people come out of your glass houses and enter the real world in this world everybody has a price believe it or not.

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

    BFP SAYS,

    Thank you for your opinion that rape should have a license fee, and that society has no wider interest in prosecuting rapists.

    Most civilized folks would disagree with your position.

    Have a nice day.

    george

  15. Hants

    In this case, the rapist should have been tried in criminal court and the victim compensated in civil court.

    This woman also appears to be the victim of a Rich
    men’s war.
    “The Irish financier who is one of the owners of Sandy Lane says in his legal claim that the maid’s allegations were true and caused “a serious breakdown in trust” which resulted in him dismissing Morrison.”

    Bottom line is money buys justice all over the world.

    Remember the Rausings?

  16. crossroads

    BUSHY PARK HERE WE COME!!

  17. The scout

    Bussa
    “In camera” trial will have some persons in the court but not a court full of persons that just come to hear the case. Plus, there is the wicked concept by some men that they can force themselves on women. Some men see women as sex symbols, these are men with devient minds. Any man found guilty of rape needs to be castrated. That is my view. Plus any man who rape anyone close to me, I’m willing to sacrifice myself at the mercy of a jury to be sure he doesn’t do it to her again or to anyone else. Too many such men get away with a slap on the risk or the payment of a few dollars. Accepting financial compensation is tantamount to prostitution.

  18. Andre

    Sorry Cynic, but I think you have lost that argument.

    No matter how rich, powerful or well connected each of us may be, we have to face the music if we commit a crime.

    Otherwise there will be a two-tier justice system: those who can afford it and those who can’t.

    On second thought, isn’t that we have right now…. sad, but true.

  19. yatinkiteasy

    Do the rules also apply to “biters”?

  20. jinx

    The Nation Newspaper reported a few weeks ago that one Dentist Peter Ward has been arrested for Cockfighting on his property? Article states, the police seized fighting cocks and a scale.

    Don´t dentists (or any other professionals for that matter) have anything better to do than to indulge our already “troubled ” youth in animal cruelty, violent behavior and disrespect of the law ?

    I see young boys frequently with with roosters on thier arms.
    I stopped my vehicle once and asked a young lad if it was his pet …. He proudly stated he keeps it for “eggs”.

    “Thank you” to the good Dentist .

  21. bussa

    scout I would hope you never get accused of rape wrongfully or otherwise ecause it seems to me that many of you are really ignorant of this issue we are dealing with it is easy to say that men should be castrated and that they should get life imprisonment but how do we deal with the issue of women wrongfully accusing men of rape out of vengence and spite

  22. Cynic

    We are not talking about the woman being forced to accept a cheque in lieu of a court case. She could have taken it to court if she wished to, but she choose to accept a check instead, her choice.

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

    BFP says,

    You are so living in the 1950’s

  23. Stephen

    You see this rape thing ! After catching someone I was involved with stealing from me, She threatened to accuse me of rape . My Reply was ” Lock me to F ck up” I was willing to take my chances with the court and not give in to threats.
    As a younster, I was accused of attempted rape only because the girl though her boyfriend had seen us. He made an attempt on my life . Fortunately she had openly encouraged me in the presence of others. They told her boyfriend about her actions so he subsequent realised what had really happened. Rape acusations can be used as a weapon.
    Let the court decide, as this money thing can lead more complications.

  24. Cynic

    To me this just looks like the BFP telling other people how they should live their lives. I don’t know what the statistics are in Bim, but in the UK less than 5% of rape charges end in conviction. If it was a case of her word against his I (i.e. no physical evidance) would have thought that there was a low probability of a conviction. In this case the compensation she took might be her only way of insuring she felt as if the wrongs against her had been addressed.

  25. Cynic

    Not to mention that it is no on public record that this man paid off a woman for a charge of rape.. which tarnishes his reputation as well

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

    BFP says,

    Perhaps Cynic can provide a list of countries and jurisdictions where rapists are allowed to pay off their victims to avoid criminal charges?

    I’m sure that list would say it all.

    I’d also like to know his opinion on what other “minor” crimes there are where the victim’s rights should always trump that of society at large? How about armed robbery? If the robber pays the money back and then a premium for the trouble, and then the victim doesn’t want to testify…. is that ok with you Cynic?

    And should society satisfy itself that the rape victim was not threatened or extorted to not testify?

    Or should society just never mind about rape charges? After all, it is only a woman, and their rights are not worth protecting. Right?

  26. Cynic

    First all I would say the same thing if it was a man that had allegedly been rape or a woman, so lets not make this a sexism issue, it isn’t.

    I would say that in case where there is such public stigma about being a victim of rape I can understand the woman decision and I respect her right to make the decision.

    I concede that you make a good point about the right of society to enforce law for the protection of the masses, but in the case of rape I do not believe that there is adequate protection in place for the victims (or for the falsely accused for that matter) that I would insist that once a complaint is made that it has to be taken to court.

  27. Jerome Hinds

    Hants
    August 29, 2008 at 1:27 pm

    The only proper way to deal with a rape case is to thoroughly investigate it and let it run its course in the law courts.

    ********************************************
    Hants,

    A good point you have made…..the only CHALLENGE…..by the time the EVIDENCE reaches the court……it may not be able to STAND – UP !

  28. Hants

    “AN ATTORNEY ACCUSED of stealing more than $1 million from two clients who were selling upmarket properties was allowed bail when he appeared in the Bridgetown Traffic Court yesterday.”

    Did this guy actually think he had a remote chance of getting away with this crime?

  29. Deng Xiaping

    “Did this guy actually think he had a remote chance of getting away with this crime?”

    stay tuned, Super Johnny C (heltenham) is on the case.

  30. Juris

    He is merely accused. Have you already tried him, Hants?

  31. Hants

    @ Juris

    No. So in the words of OJ….If he did it???

    I must say this though.

    It is unusual for a Lawyer to be wrongfully accused of fraud and the case reaches the courts in Barbados.

    I still believe the majority of Lawyers in Barbados are honest.

    Prehaps we should discuss the poor service their clients are subjected to especially where property issues are concerned.

    I really hope this is all a mistake and the man is innocent.