Tag Archives: Barbados Courts

Barbados lawyer shows backside to judge, tells her to “Kiss my Ass”… and the judge runs away!

kiss my ass judge

How much is rumour? How much it true?

I don’t know much about normal behaviours by lawyers and judges because I try to avoid contact with those kinds of people at all costs. What really happened in the Nation’s story? Who are the people?

But I have a feeling that when this type of behaviour goes unpunished (if it happened as rumoured), it’s really all over. And what’s with the judge running away? What does that say about how the judge views her authority? What the #$@! is happening ’bout hey?

Hopefully this will not be another incident like gun in Parliament where the public were left not knowing what really happened but the respect for Parliament was undermined.

From The Nation

Legal Shocker!

AN INCIDENT earlier this week involving a veteran attorney at law and a High Court judge has left the legal fraternity in an uproar.

According to reports a Queen’s Counsel after a verbal outburst directed at the female judge, turned around and backed her, lifted his robe and bent over while uttering a profanity. Continue reading

Advertisements

26 Comments

Filed under Barbados, Crime & Law

Barbados solution to 20-year court backlog: throw it all out, nevermind justice and the victims

How long would any Harlequin Resorts court cases take to reach trial?

by Nevermind Kurt

by Nevermind Kurt

Sophisticated business and financial industry investors have long had the word: civil cases in Barbados take at least 10 years and often up to 20 years to make their way through the courts. Many court cases never finish because witnesses, victims, plaintiffs, defendants, lawyers and judges move away or die.

When cases take 15 or 20 years to get to trial, people often die or go broke – or both. After 15 or 20 years plaintiffs can no longer afford their lawyers. Defendants go bankrupt (sometimes planned) – leaving victims no real prospect of recovering anything.

“New business investors in Barbados now make their decisions accordingly in the knowledge that if things go wrong there will probably be no real recourse through a lawsuit.”

But consider what this means for existing investors and business people who didn’t know about the state of our courts when they made their original decisions about doing business or entering into legal contracts in Barbados. Consider what this means now for all those potential Harlequin victims. If they want justice in Barbados, they have two choices: be prepared to spend the next decade or two and tens of thousands of dollars in legal fees in pursuit of justice, or walk away.

“Chief Justice Marston Gibson: Court chaos threatens Barbados international business sector

Marston Gibson describes massive backlog, missing case files, deliberate delaying tactics by unscrupulous profiteering lawyers”

from BFP’s March 12, 2012 article: Shocking mathematics of the Barbados Court system: Thousands of cases will never reach conclusion

The reality of the court system in Barbados

Faced with an unbelievable backlog approaching 3000 cases, Chief Justice SIR Marston Gibson has decided to give thousands of folks a shove to abandon all hope for justice through the courts of Barbados. Continue reading

10 Comments

Filed under Barbados, Business & Banking, Crime & Law

Chief Justice Gibson admits no progress on court backlog

Barbados Chief Justice Marston Gibson

Still over 3,000 case backlog. Justice system collapsing.

Some cases finished, waiting 19 years for judgment!

Almost a year ago Barbados Chief Justice Marston Gibson warned that a massive backlog, missing case files and deliberate delaying tactics by unscrupulous profiteering lawyers were threatening the very foundations of our justice system.

Gibson blew away the pretences of the previous Chief Justice, Sir David Simmons – whose failed and putrid legacy as Attorney General and Chief Justice is exposed more and more with each new revelation.

If the system took on no new cases, it would take 18 years at the present rate of case completion to clear the backlog… but there are 1500 – 2000 new cases per year!

“So here we are almost a year later and Chief Justice Gibson reveals that the courts are still clogged with over 3,000 cases on backlog. Not a lick of progress in a year.”

Enquiring minds ask ‘How many new courts and new judges were added in the past year?’

But we know the answer: none.

Doesn’t the government get it? This is the very foundation of our country and of our offshore banking industry. If foreign money can’t depend upon our courts to be just and timely, it’s all over!

Chief Justice Marston Gibson could make it happen if he was given the budget… but the money is gone – long ago spent on cricket parties, celebrations and council handouts.

Oh well… the law, the courts and justice were never high on the agenda for either the BLP or the DLP governments.

If you need justice folks, don’t even think about the courts. Do what you can on your own.

And lest you think that’s bad advice, it’s the same you’ll receive from the Chief Justice, who tells Barbados “alternative dispute resolution (ADR) may be the only solution to this long-standing judicial ailment”

Alternative dispute resolution… otherwise known as private courts.

Further Reading

Please read the Nation article online here, but we have to print it all because the Bajan media sometimes removes articles to change history according to revised agendas…

It’s a must!

WITH a backlog of over 3 000 court cases, Chief Justice Marston Gibson believes that alternative dispute resolution (ADR) may be the only solution to this long-standing judicial ailment. Continue reading

21 Comments

Filed under Barbados, Crime & Law

Robert Ross: Courting Disaster – Justice Delayed in our Barbados Courts

Attorneys often unfairly blamed for delays in the courts

At the request of one of BFP’s prolific commenters, ‘Robert Ross’, we’ve opened a new page where Mr. Ross and others so inclined keep us all apprised of some of the court delays and other disasters in justice.

Mr. Ross is not a lawyer but in his own words was “in the law in my way for 44 years.” He obviously is still privy to stories and situations that the public doesn’t usually hear about. He also rightly observes that many of the delays are caused by the court system, but often it is the attorneys who are unfairly blamed.

Here’s the first contribution from Mr. Ross, and you’ll also find it at the top under the “Courting Disaster” tab. If Mr. Ross will continue to leave his work as comments or submit them via email or our contact page, we’ll be happy to maintain a central list of just how long folks have to wait for justice in our understaffed and inefficient Barbados courts.

robert ross
May 30, 2012 at 4:16 pm
@ BFP

Due Process in this blog 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.. Continue reading

16 Comments

Filed under Barbados, Consumer Issues, Crime & Law

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

46 Comments

Filed under Barbados, Corruption, Crime & Law

The shared legacy of Chief Justice Simmons and Commissioner of Police Dottin

Missing and incomplete police court files

Submitted by ‘JW’

Sometimes when things go wrong with the court or with the police, it is a money issue for which the blame should fall squarely on the BLP and DLP politicians who starved the courts and police budgets for two decades.

Sometimes though, what goes wrong is not a money issue or an equipment issue or a lack of laws issue.

Sometimes it’s all about poor leadership and unprofessional management.

This is one of those times.

When court and police management don’t set standards and monitor compliance and performance you can expect exactly this to happen: just as it has been happening for years…

Chaos in the courts

If this sounds like chaos to you, you’re getting the picture. For years Chief Justice Simmons was obsessed with building a shiny new court, and he ignored managing the process in the courts. For years Commissioner of Police Dottin was obsessed with arresting criminals and he ignored managing the prosecution procedures – what happens to the criminals after they are arrested.

The end result is what we have today in 2012: a broken system that could be fixed with a little top-down attention in the courts and the police. It would take leadership and management skills to fix this, and not much of anything else.

I hope our new Chief Justice is listening.

Submitted by JW

Editor’s note: We encourage our readers to visit the Nation News website to read the following newspaper story, but we have to reprint the entire story here because the Nation has proven many times that it deletes or modifies stories to suit political agendas.

Please read The Nation story Call for new police procedures

Call for new police procedures

A lack of files with which to prosecute matters has left the newest magistrate on the Bench upset and calling for new procedures by police.

Magistrate Graveney Bannister said there was no reason why matters from 2009 should be without the relevant documents. Continue reading

15 Comments

Filed under Barbados, Crime & Law, Police

Why did the Barbados Chief Town Planner secretly set aside an Enforcement Notice for a year?

What does Chief Justice Marston Gibson think of this kind of nonsense in our Courts?

Why did the Chief Town Planner wait for a year to send out an Enforcement Notice?

Did he finally send out the notice only because he was called to testify in court?

This is a strange one indeed.

The Southern Palms Beach Hotel registered a complaint with the Chief Town Planner in January 2002. The complaint had to do with work being done by another party close to the hotel’s property.

The Chief Town Planner investigated and prepared an Enforcement Notice in October of 2002 but did not send it.

The notice was only sent a year later on October 29, 2003 – the day before the Chief Town Planner was called to appear before the court and give testimony.

Was this a mistake? Was there some nefarious agenda at play?

Or… is it simply another example of how things work (or don’t work) at Town and Country Planning?

No wonder cases and disputes can take decades to make it through the Barbados Courts. Would courts in the USA or the UK stand for such nonsense?

Here is the court decision where Mr. Justice Carlisle Payne lays out a most unusual situation. Perhaps our readers or someone from Town and Country Planning can explain this…

BARBADOS

[Unreported]

IN THE SUPREME COURT OF JUDICATURE

HIGH COURT

CIVIL JURISDICTION

No. 504 of 2003

BETWEEN:

DEBDOR COMPANY LIMITED
(Plaintiff)

AND

PROSPECT BAY RESORTS LIMITED
(Defendant) Continue reading

2 Comments

Filed under Barbados, Crime & Law