Daily Archives: July 8, 2011

If Marston Gibson loves Barbados, he will refuse the job

If Prime Minister Stuart loves Barbados he will not offer the job to Gibson

A few days ago the Barbados Government news agency announced that a new Chief Justice will be appointed by the first week in August. (See end of this post for the press release) The same press release quoted Prime Minister Freundel Stuart as saying that he never mentioned that New Yorker Marston Gibson is in the running.

That statement by Stuart is accurate – because he was never quoted personally in the press about appointing Gibson as the next Chief Justice.

But Stuart’s statement also communicates a big lie – because back in March, Freundel Stuart himself voted to pass an amendment to the Supreme Court of Judicature Act that was aimed at no other end result than appointing Gibson.

If you don’t understand how a statement can be 100% accurate and still communicate a lie, well then you haven’t been around lawyers all that much. It cannot be argued that our Prime Minister is not a politician in every negative meaning of the word.

So PM Stuart put out a press release to state that he would never politicize or cause controversy over the office of the Chief Justice.

hmmmmmmmmmm. We will see, won’t we?

Prime Minister Stuart also took the time to slap former Chief Justice SIR David Simmons in the face. Twice. Like David Thompson before him, PM Stuart recognizes how unethical it was for the former Attorney General to manoeuvre himself into being appointed to the position of Chief Justice by his old drinking buddy Owen Arthur.

What does the Press Release really mean?

In the press release, the question is unanswered as to whether or not PM Stuart has shelved Marston Gibson as a candidate for the Chief Justice. Simply put, Bajans are unable to decipher whether the PM’s press announcement was to pave the way for Gibson, or communicate that while SIR David Simpson’s was appointment was unethical, the appointment of Gibson would not be.

Why Marston Gibson should not be our next Chief Justice

We have this little problem in Barbados: the rule of law doesn’t exist. Instead of one law being applied impartially to all, we have different laws for different classes. It used to be about race, but now it’s about class and money.

The law is viewed as a tool and a weapon in Barbados – to be wielded by those in power without regard to any principle other than expediency.

Thus when the Constitution of Barbados prohibited foreign troops on Bajan soil and this was inconvenient for Cricket World Cup, the Constitution was changed overnight with no debate and no public notice – to allow foreign troops on Bajan soil.

Thus when is was discovered that the law prohibited an American named Marston Gibson from being appointed as Chief Justice (after his coronation had already been announced), Freundel Stuart was happy to change the law for expediency so that the favoured candidate could be appointed.

The law is an inconvenience for Bajan elites – nothing more

IF Marston Gibson is our new Chief Justice, his appointment will be as tainted as the appointment of David Simmons. The law was changed for one man: Marston Gibson. The law was proved to be worth nothing. It was a minor inconvenience standing in the way of a government that wanted to do what it wanted to do. So, the DLP government changed the law. Tomorrow it will be some other law that stands in the way of what the government in power wants to do, and another law will be changed in the middle of the night with no public debate or societal discourse on why the law is the way it is in the first place.

Marston Gibson should refuse the appointment – if he loves Barbados and the rule of law.

Of course, if Mr. Gibson just wants the big-up job and doesn’t care that his appointment undermines the rule of law and the general respect for the courts – well, welcome back to Barbados, Mr. Gibson. Just remember: we don’t sing the Star Spangled Banner here as our national anthem. And as far a rule of law goes: you take the position and you prove to all Bajans that everything is the same old same old ’bout hey.

A press release from the Barbados Government… Continue reading

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Filed under Barbados, Corruption, Crime & Law, Ethics