Daily Archives: June 23, 2012

Police, court, DPP abuse of witnesses and victims – one man’s horrific experience

“We have, so far, over a period of four and a half years, attended the Magistrates Court for the preliminary trial a total of 21 times. It is impossible to offer a guess as to when this case will exit the Magistrates Court to the High Court, and how many more years it will spend there.”

by Trevor Kent

Kent Construction Ltd.

Charles Leacock, Barbados Director of Public Prosecutions

In The Nation on Friday May 25 was an article DPP: Stop hiding white collar crime, in which Director of Public Prosecutions, Charles Leacock, reportedly lamented the low level of reporting by business of what is known as “white collar crime”. His take on this situation was that businesses, especially, it seems, commercial banks, have been afraid of bad publicity and thus prefer to cover up malfeasance within their operations. He urges that this practice must stop, saying, as reported in the newspaper, that “the low level of prosecutions and investigations [is] symptomatic of the fact that there is also a low level of reporting”.

I have to admit to being surprised by these reported comments, based on my Company’s experiences with reporting substantial white collar thefts by on of our employees, carried out systematically over almost seven years. After assisting with a very long, drawn out Police Fraud Squad investigation, we were informed by letter that the DPP had directed that only a fraction of the thefts for which we provide hard evidence should  be investigated, to save police time. How does that square with the stated fact of “a low level of investigations”?

Then, we have, so far, over a period of four and a half years, attended the Magistrates Court for the preliminary trial a total of 21 times. It is impossible to offer a guess as to when this case will exit the Magistrates Court to the High Court, and how many more years it will spend there.

I would thus submit that the reason companies elect not to report similar crimes is that they do not with to face the frustration of dealing with the slow Police investigation requiring numerous hand-written statements etc. followed by hundreds of hours of wasted employee time, sitting at a Magistrate’s court that often starts up to one and a half hours late, and then accomplishes very little before adjourning for the day.

The whole process then has to be repeated at the High Court, in front of Judge and Jury.

By the time a matter has gone through the Magistrates Court, and the High Court, many years will have elapsed, witnesses may have retired or died, and companies have lost many thousands of dollars in employee time, in addition to the original loss. Even if the accused is convicted, sentences are often little more than a slap on the wrist, as pleas of “first time offender” (although there may be numerous episodes relating to the same trial) are accepted by the courts. Companies thus decide, as in one case I am aware of where the owners simply sold the company and relocated overseas, to swallow the loss, leaving the perpetrator to continue stealing at another company, as often happens.

The legal trial system in Barbados is seriously time-flawed, if not broken, and in fact some of the laws are flawed also. In our case, the bank, after cashing over 300 “third-party” company cheques during the stated period, without once questioning the legitimacy of these transactions, either with the presenter or with the Company itself, was able to hide behind the Banking Act that apparently does not require ID and authorization from the payee to whom the cheque was signed in good faith by a Company director. Amazing really, when one considers that the local Post Office requires such confirmation before delivering mail to a person claiming to represent someone else. The bank has refused to engage with us at any level (despite firm written promises at the highest level) and our expert legal advice is that, whilst we are not without precedent in seeking redress through the courts, the process could well take six or seven years, and even longer on appeal… not to mention hundreds of thousands of dollars in legal fees. Continue reading

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Filed under Barbados, Business, Crime & Law, Police

Our disappearing agricultural lands – Public meeting Sunday

“We have 166sq miles to make this country home, to feed ourselves, to dispose of our waste, to provide jobs, to welcome the 1.1 million visitors per year, to make a sustainable use of the resources we are blessed with and to enhance our general well being. Land use policies must be fervently considered to ensure a sustainable future for all those living now, and those to come, if Barbados is to continue to prosper in a holistic manner. What we do to our lands, we do to ourselves.”

by the Future Centre Trust – courtesy of Kammie Holder

All are welcome to the public meeting to be held on recently transferred agricultural land in Lower Greys Tenantry, St George at 4pm on Sunday June 24.

Agriculture has come under the spotlight in recent weeks with the Minister of Agriculture himself standing up for his portfolio threatening resignation if Agriculture was not taken more seriously. With a greater dependence on internationally sourced food supplies, the country is putting itself at threat. “Pricing, supply, freshness of supply and access are all outside our control when imported food is on the shopping list!” says Nicole Garofano, Administrative Director of the Future Centre Trust. “Like a dependence on imported oil for the supply of the country’s electricity, dependence on external food crops simply because we are not recognising the value of our lands and improving those lands to feed ourselves, is detrimental to development in the long term,” she added.

During World War II, the late Sir John Saint spearheaded a national initiative which ensured that the agricultural lands of the time were able to supply food to the population. The region’s supplies were under threat with U boat activity across the Atlantic. Sir John recognised the threat and implemented this national initiative which enabled the people of Barbados to sustain themselves during that time. A brave move for the time, but it worked. Can Barbados learn from such innovative plans of old and work towards attaining some measure of food sustainability again? Continue reading

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Filed under Agriculture, Barbados, Environment