Dear Barbados Chief Justice Sir David Simmons, this article is for you.

Why is it not appropriate for the Commissioner of Police of Anguilla on his retirement to be appointed Magistrate of Anguilla?

It is unfortunate that I have to ask this question.  The answer should be obvious to all.  The answer is that such an appointment will tend to undermine public confidence in the administration of justice, and to bring the judiciary into contempt.  Just in case there is one single person out there who does not  see the point immediately, let me try my best to explain why this is so.

First of all, every police case brought in the Magistrate’s Court is brought in the name of the Commissioner of Police.  The Magistrate’s Court deals with 95% of the criminal cases brought to court in any country.  The trial of crime in Anguilla is for all practical purposes synonymous with the Magistrate’s Court.  If I get a summons, it will be titled “Commissioner of Police versus Don Mitchell”.  Then, every single investigation of a crime is conducted under the direction of the Commissioner of Police.  He is the head of the police force.

In addition to the obvious conflicts of interest and questions of bias raised, there is the fundamental question of the separation of powers.  At least since the time of the Duc de Montesquieu, the principle of separation of powers has been an intrinsic foundation of the rule of law.  Ask any first year law student.

… article continues at Corruption-free Anguilla

David Simmons got he-self re-virginated to become Chief Justice Barbados

And there you have it, Chief Justice SIR David Simmons,

Ask any first year law student why it was unethical for you as the former Attorney General and Acting Prime Minister of Barbados to accept an appointment as Chief Justice. It was a fundamental question of the separation of powers.

You knew that your appointment to Chief Justice undermined public confidence in the administration of justice, and brought the judiciary into contempt, but you wanted the honour and the job so bad that you took it. And Owen Arthur wanted influence over the courts of Barbados so bad that he appointed an old friend (one of the three mice) as Chief Justice.

Ask any first year law student, SIR.

Further Reading

Let’s Hope Our Next Barbados Chief Justice Isn’t A Political Hack Like SIR David Simmons

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9 Comments

Filed under Barbados, Corruption, Crime & Law, Ethics, Political Corruption, Politics, Politics & Corruption

9 responses to “Dear Barbados Chief Justice Sir David Simmons, this article is for you.

  1. Hants

    BFP today is independence day. Are things so bad in Barbados that you could’t post in celebration and respect for today.

    I expect you will suggest that it is Cliverton who failed to deliver because he could’t think about anything other than skimpy outfits on sweaty salt and pepper tennis babes.

    Happy Independence Day.

  2. reality check

    the separation of powers is a living breathing essential to a truly independent democracy.

    Without this fundamental separation there can be no truly independent democracy but rather a state controlled by self appointed elites to the exclusion and at the expense of all citizens.

    BFP

    Independence day is a perfect day to remind Barbadians.

  3. Johnny Postle

    Can you people just lay to rest the matter of the chief justice of Barbados. Nothing you say is going to change the fact that he, the chief justice, is still reigning as the chief justice. You think he really cares about what you think or what is unethical. YOu think politicians cares about what you think or what is ethical. Bah hum bug

  4. Rumboy

    Read an excellent letter in todays Nation on our 43rd birthday – says it all.

  5. Hants

    BFP you posted this and put it at the top.

    You could not give Barbados a “good news” story not even on Independence day.

    I understand you are supposed to be taking the moral high ground but for a bunch of people who claim to get drunk on friday nights, yuh cudda gih Babadus a little break fuh Independence day.

    I guess you were celebrating Independence week unda de influence.

  6. Facts

    BFP,
    I just realised the bloggers above actually echoed some of what I wanted to say.

    Please do not take this as criticism as I love this blog), but I think you need to retool.

    If you look at a few of your recent posts, you will realize that there are very few comments.

    Go over to the other blog: Barbados Underground – this blog is still as popular as it was before elections.

    I think the issues BU raises are more relevant and down-to-earth.

    The author, David, seems to be very friendly, humble and approachable; certainly “not filled with airs”

    So, please, get it together, just like it was before elections.

    Sir David ; the Graham Hall Sancturary Project; Integrity Legislation, etc – these have been whipped over, and over, and over….. . Time for something new!

    Sorry about the double posting.

  7. BFP

    Hello Facts,

    Thanks for your input. We continue to ‘whip’ ITAL (Integrity, Transparency and Accountability Legislation) and all things associated with strengthening democracy in Barbados because, as often happens, those who were crying out for all this before the election have suddenly lost their voices now that they form the government. That includes those at BU who are content to discuss everything but ITAL and the broken promises of the DLP.

    IF and when this country ever has FOI and Integrity Legislation there will be many who step forward to claim the victory.

    But right now there is only BFP still carrying the flag.

    That some of the stories have been told for four years doesn’t make them any less valid. In a way, it makes them more valid. It is the normal course of things in Barbados that the media reports on some major story and then never mentions it again.

    That’s not how we operate.

    As to the number of comments here, that went down with the winning of the election. The BLP don’t want to discuss anything here, and now the DLP don’t want to either.

    But seven to ten thousand folks drop by every day to see what we have to say and some of the most read articles are the least commented upon.

  8. FACTS

    Dear BFP,
    Please don’t take my comments as malicious criticism; I made them from the heart.

    There is another side to your admission of over 7000 visitors per day.

    Could it be that the substance of the articles are so fickle that one does not have the motivation to comment?

  9. fickle?

    fickle? hardly

    consistent issues and focus

    bloggers will not comment for a number of reasons, the main one being general agreement and no comment is necessary.