Crooked Bajan lawyer Mortimer Clarke: How much did he steal this time?

What a joke. Barbados lawyer given second chance: arrested again!

Former Chief Justice Sir David Simmons

Back in May of 2008 we told you how the Barbados Court of Appeal said thief lawyer Mortimer Clarke was OK to practice law again.

As BFP then wrote…

True to form, the old boys’ network reluctantly imposed only a nine-month suspension on a Barbados lawyer who was caught stealing $150,000 of client’s money from his “trust” account. Just to put this in perspective, anywhere in the civilized world a lawyer could expect a year or two in jail and permanent disbarment for similar activities. Not so in Barbados where the legal profession is apparently happy to accept Mortimer Clarke back into its welcoming arms after he has a little vacation. (“Pity you had a client complain, Morty old chap. We’ll have to make a show of it for a few months. Hope you understand.”)

… from BFP’s May 24, 2008 post: Barbados Court Of Appeal Says Thief Lawyer Mortimer Clarke OK To Practice Law

So Chief Justice Sir David Simmons and the boys gave Morty another chance.

What happened next? HA!

Bajan Reporter has the sad tale with more information than is printed in the newspapers.

Bajan Reporter: Ex-Attorney-at-law charged for theft

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44 Comments

Filed under Barbados, Corruption, Crime & Law

44 responses to “Crooked Bajan lawyer Mortimer Clarke: How much did he steal this time?

  1. West Side Davie

    Mr. Clarke was charged only because his offences have been so bad that they couldn’t be covered up. He is one of many lawyers who steal, but a member of the select few who have been prosecuted.

    Prediction: alcoholic rehab. bankruptcy. no jail time. As BFP says, anywhere else he’d do two or three years and never practice again.

    But this is Barbados and he’s one of the old boy network.

  2. 189

    This is not Barbados , This is Bull shit.
    When you all like to pick at the little fish , Massive Fraud is done by many crook lawyers in Barbados , Start with PM, Sir s and work your way down.
    Until Bajan Free Press take a good look at the Deeds and do a heading on the land and where root title start and end none will matter .
    Telling about smoke and not looking to put out the FIRE.
    All things start with land, Many readers may not want to look at it , Until then its all the same thing over and over.
    I took a look myself and its a real mess. Taxes not paid on rentals,off the books , Many things for rent but none at Inland Rev.
    So now road tax and all other even VAT to cover what the rich and live on.
    Lawyers and the law firms with BLP and DLP all in it and the public are the fools. They not looking to lock the lawyer up ,If the lawyers call names , the same judges who judge them also will also need to be locked up .When they stand before the court , they stand in front of their friends

  3. robert ross

    But do please remember, he has been charged with an offence – not convicted. Like everyone else he is entitled to the presumption of innocence.

  4. what will they think of next

    robert ross, i bet that you are a lawyer.

  5. Wily Coyote

    ANARCHY

  6. Mark Fenty

    @Wily Coyte
    The concept of “(Anarchy)” is an illusion fixed in the minds of the ill-informed members of a society. Believe me friend, there is order in what one thinks is disorder. Even in the state of “(Nature)” where there is an “(Unlimited Liberty)” there is order. Because the strongest rules by violence, in essence It is war of “(wills)”so to speak.

  7. robert ross

    @ What Will

    Yes – but not practising.

  8. Mark Fenty

    @Wily Coyote
    Wily coyote when one stop and contemplate the idea of Liberty more comprehensively, and somewhat intellectually. We see that the Concept
    Liberty is built solely on a pure metaphysical foundation. Because everyway in human society for better or worse, there are prohibitions and hindrances in the form of laws which acts as physical chains that constrain our liberties.

  9. Mark Fenty

    Robert I’m talking about man’s “will” or in other words, his “Self- Determination”/ volition.

  10. robert ross

    The presumption of innocence is enshrined in our Constitution. Do we jettison that to feel good that we’ve convicted a lawyer without a trial?

  11. Mark Fenty

    Robert, I’m talking about self- Determination, self –Perfection, and self- Realization it all amount to man’s will. Some call it freewill or free-choice
    which God imparted to man in the Garden of Eden.

  12. Mark Fenty

    Robert, there are many forms of liberty. One could be imprison physically, but yet be free psychologically. In other words, liberty is founded in the
    agency of self, but authentic liberty is founded in the laws of God and Nature.

  13. Mark Fenty

    Robert, you’re acting on a false premise, one is guilty until he ascertain the kind of evidence that proves his innocence.

  14. robert ross

    Mark

    Sorry old friend…..you simply do not understand.

  15. Anonymous42

    Robert Ross – What recourse does one have when an affidavit filed along with an urgent application goes missing from the Registry of the Supreme Court and the matter is deemed not urgent in the absence of the affidavit?

    What does one do when the affidavit purportedly turns up 2 months later without explanation in regard to its whereabouts while it was “lost” and nothing is still happening 6+ months later?

  16. Anonymous42

    RR -Tell me when is it that a filed document becomes a public document? i.e. a document that the public is entitled to have sight of

  17. PLANTATION DEEDS FROM 1926 UP TODAY A ND SEE MASSIVE FRAUD ,

    Well if a lawyer got charged , with his name to be called and charged . That will mean that they are a low nothing lawyer , Have no friends in high places, Or just plane stupid or over greedy.Or step on the wrong toes, rob some one that have bigger people in higher places and very dirty them self.
    I bet the money have to do with land and houses .. We go back to deeds again., I was in court many time and it was about selling and holding monies that lawyer never turn over to the seller.
    The code is always under your feet. LAND, deeds, money , greed, BLP , DLP., Ministers PM and down the line ,,, easy math and reading.

  18. robert ross

    @ Anon

    Can refer you to an HONEST (guaranteed) practising lawyer! (The situations are many and various.)

    No one should misunderstand me. In my book a dishonest lawyer is a shrivelled thing. And their ‘dishonesty’ has been claimed since the middle ages. It’s why the mob led by Wat Tyler burned the Temple in, I think, 1381 – because it was the ‘home of the lawyers’.

    BUT – a man is entitled to his day in court and the law protects his innocence in a criminal case until it finds otherwise by due process. In this case, Clarke has pleaded Not Guilty.

  19. Due process?

    Nice concept!

    There is no due process in Barbados
    what exists, after the understandings have been arrived at, is a tortuous process of delay after delay all for the benefit of the lawyers and at the expense of the victim.

    The system has been corrupted and is broken.

  20. Many of the observations and comments above are indeed on point but sadly,nothing will change until and unless members of the public unite and demonstrate en masse,as occurs in other countries,against the corruption and oppression we face.Perhaps then and only then will the politicians,the judiciary and the religious leaders make some SLIGHT attempt to correct the very many injustices inflicted upon our people by our lawyers,99% of whom are masters of mediocrity,mendacity and malefaction. But don’t hold your breath and don’t be surprised if Mortimer Clarke receives a knighthood a few years from now !

  21. Anonymous42

    RR – “Can refer you to an HONEST (guaranteed) practising lawyer!”

    Are you serious? Where?

  22. robert ross

    @ Anon

    LOL….. YES…..

  23. robert ross

    @ PP

    But we would also be protesting against the politicians, the judiciary, the church too – so is there hope?

  24. robert ross

    @ Due Proc

    For our benefit…please explain what you term ‘delay’ caused by lawyers in the criminal process which is what I was addressing – as you know very well.

  25. PLANTATION DEEDS FROM 1926 UP TODAY A ND SEE MASSIVE FRAUD ,

    Some one needs to be charged , A lot has been done wrong and most are lawyers , those know the right way of doing things.But Chuse to do wrong to make faster and more money.

  26. countryview

    Lawyers are generally predatory thieves…they have no fear of being held accountable for their actions unless of the most egregious sort. Nobody should be surprised when one of their victims takes the law into his own hands and a lawyer pays the ultimate price for his repeated dishonesty. There’s a good reason Shakespeare had one of his characters in Henry V I believe say the words “First, lets kill all the lawyers”….many of them deserve no less.

  27. Anonymous

    The lawyers the lawyers the lawyers , they to know better but yet do the worse.Now want to walk away like they dont know what they did nor know who did what.

  28. Sunshine Sunny Shine

    Lawyers in Barbados do not commit crimes. There is no such thing as a thiefing lieing lawyer. All lawyers in Barbados uphold the law at all times. That is why the political system is filled with them because they are protectors of all tax earnings and manage the country with prudence an dilgence. You people are sadly mistaken. I trust all lawyers to do the right thing. Big up the lawyers in Barbados there is nothing wrong with them its the rest of us that is the problem!!!

  29. countryview

    Sunshine, I totally agree that the REAL problem is the rest of us …. we, in our conservative, fearful way ALWAYS do nothing when lawyers screw us over on a regular basis.

  30. Mark Fenty

    @Robert Ross

    Robert I would argue with you that in every systems of western
    jurisprudence one is guilty until proven innocent. Now, let me ask you this simple question, if one is innocent until proven guilty. Why is it that one’s liberty is curtailed until he or she can prove his or her innocence’s? Especially when it comes to non-bondable offenses such as Murder, Rape, and Indecent Carnal Knowledge on a child etc?
    The question is, if one is innocence until proven guilty as you contend. Why is there an assumption by the criminal justice system that one is guilty, in spite of the evidence which might point to one’s innocence, especially in cases which involves young children?
    But yet, the state takes away the liberty of the accused, who suppose to be innocent before proven guilty. And the state does this, if it thinks that the accused is a threat to the public safety, or the offense is a non-bonable offense. But friend, I maybe innocent but yet my liberty is compromise, for an offense I may not have committed. How is that innocent before poven guilty, when I’m sitting in a prison cell for something I may not have done?

  31. Mark Fenty

    @Robert Ross
    Robert, I think we can all agree that no system which has been touched by the human- hands is perfect. Including, the criminal justice system in Barbados or the United States of America for that matter, but one thing that is clear I believe is this, that the concept “Innocent” before proven “Guilty” works best in theory rather than practice. The idea behind this concept it that the state must bear the burden of proof in order to gain a conviction. As I have said earlier, if one was innocent until proven guilty, there would be no need to hold someone in custody. Even for non-bondable offenses such as murder, and rape until the persecution ascertain the kind of evidence that said otherwise.

  32. 189

    Once a slaves always a slave. Give them RUM wake up in slavery.
    Like Chris Rock said , I hate niggassss.
    if they dont get it by now, let them bitch and sleep ,

    They better learn how to VOTE

  33. robert ross

    Mark: you are making a distinction between theory and practice – which you did not do before. I accept that distinction – and not least that is why I urged caution in my comments in this post. The misuse of the Bail Act is another example where the distinction becomes blurred.

    Of course, I’m assuming your own integrity in this – assuming that you are not simply being vexatious since you are now, essentially arguing “No matter the principle you contend for…. look at the practice. Doesn’t that show the opposite of what you contend and that you are wrong”.

    Of course, Civil Law jurisdictions do not have the same presumption….which is still, in common law juridsictions, ‘the golden thread’..

    Now Mark: IF you want to chat about the misuse of the Bail Act, I will happily discuss that with you. Otherwise, I have nothing more to say to you since the principle – never mind the practice – is clear.

  34. robert ross

    If ANYONE were to suggest we hold a rally against corruption I would happily join it. I suspect no-one will or, if they do, no-one will join it. But please someone prove me wrong. Mark Fenty, you profess to be a ‘thinking’ sort of person – how about you?

    What has happened to the ‘third force’ we once spoke of?

  35. robert ross

    @ BFP

    Due Process in his blog (above) refers to delay caused by attorneys. I have some sympathy with that, though not in relation to the criminal justice system. I do recognise, of course that Due Process’ perception is a common one – and it is one fuelled by information ‘pushed’ by the Free Presses – which is sometimes very misleading.

    I am not a practising lawyer – though I was in the law in my way for 44 years. I am saying this to make the point that I have no axe to grind. I do have access to information, however, which would not be accessible by those who are not lawyers. So on this question of delay, I intend to publish ‘delay’ situations as I meet them in the hope of achieving a better understanding of its causes. I will publish them in the most recent posts – if you will permit me.

    Here are two cases which came my way today. Both relate to family matters.

    Case 1 – Access

    The case came up for hearing in mid-March. A Welfare report was ordered and the case adjourned till early April. At the April hearing there was no report. The case was adjourned till end of May. At the May hearing there was still no report. The same lawyers appeared on all three occasions.

    The Welfare Department is over stretched and there was difficulty in locating one of the parties for Welfare to compile the report..

    Case 2 – Custody

    Middle March a Welfare report was requested by the Court. The case was heard in middle-to-late May. There was no Welfare report. The day before this hearing, the attorney for one party discovered that though the Court Clerk had drafted the letter to Welfare, in fact it had never been sent. Case adjourned till mid June.

    You will understand that in neither of these cases were the attorneys at fault.

    BFP – perhaps you might like to keep a record.

  36. Mark Fenty

    Robert, man has made reiterated endeavors to modify his nature with the instrument of his social conditioning, and unfortunately he has failed
    miserably. Friend, I always use this quote to guide me whenever I think about the human condition. It states that, “Love” and “Faith” must be deeply rooted within us, because these are the sustaining powers, and without them everything else falls apart. Indeed, man was made from the corrupted seed of Adam, as you well know, and without deeply embedded moral constraints man it as the mercy of his will, passions, desires, and appetite, which he allows to control his every thinking. However, in order for man to do the right thing, as far as what society prescribed as being right. He must turn consciously inward and radically change his nature. And you know as well as I do, that there is only one who is appointed to do that job.

  37. Mark Fenty

    Robert, the American Judicial System is one complex enigma. Take for example the Supreme Court whose main function is to explain and interpret
    the Constitution of the United States. Now the Congress and the State Judiciary can implement there own laws, but these laws must somehow measure up to what the Constitution prescribed. If there done then, a private citizen can file a brief to challenge the legitimacy of these laws.

  38. robert ross

    @ Mark

    But I see you would have to come from the US…so you’re obviously ruled out!

  39. respect

    I know people personally that this “man” stole from. He steals without a conscience. He hides and ducks about. And if you are lucky to catch him he promises to pay and promises all the while. He lives way about his means. Big blasted kiss m’yass crapoe!

  40. BFP

    Hi Robert,

    That sounds like a good idea to bring all the ‘administration of justice’ errors and disasters into one page. OKay, We’ll start a page at the top called ‘court disasters’ and see if the readers contribute.

  41. Pingback: Robert Ross: Courting Disaster – Justice Delayed in our Barbados Courts | Barbados Free Press

  42. Mark Fenty

    @ Robert Ross
    There is such a concept in Sociology called the (Sociological Imagination)”, and I such suggest you available yourself to its meaning. Because,one does not have to be in a certain locality in order to effectuate important change.

  43. Passin thru

    Is there any update on Mortimer Clarke? I haven’t seen anything since that time he was charged.

  44. Pingback: Another crooked Barbados lawyer steals foreigner’s real estate money | Barbados Free Press

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