Tag Archives: Barbados Justice

Witness fails to appear in court – accused set free, absent witness faces no penalty…. Welcome to Barbados!

Nothing to do with this case... just an illustration of reality when the police make witnesses' names known!

Nothing to do with this case… just an illustration of reality when the police make witnesses’ names known!

Intimidating a witness is standard operating procedure in Barbados.

Five years for a marijuana case to come to trial in Barbados!!!

The Court should have issued a warrant for the arrest of the witness and dug into the “why” behind the witness failing to show. This happens time and time again and undermines everything from the police to the court.

Magistrate Douglas Frederick dismissed a 2010 case in the District ‘A’ Magistrates Court today, after a police witness who was supposed to testify was absent from court.

Hezron Joseph Williams, who was previously charged with possession, trafficking and intent to supply marijuana in October 2010, was therefore free to go.

Williams, 27, resides at Hutson Alley, Reed Street, The City.

When the case came up for hearing in the morning, Station Sergeant Neville Watson said he expected the witness to be at court by midday.

When it was called again in the afternoon and the prosecutor was questioned by the Magistrate, he said he still had not heard from the witness.

Magistrate Frederick determined that “unless he (the witness) has a reasonable excuse or some type of emergency, the case would have to be viewed differently”.

He therefore dismissed the matter.

Disgusting!

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Filed under Barbados, Corruption, Crime & Law, Police

How long since we had an actual MURDER TRIAL in Barbados?

Charles Leacock, DPP frightened of murder trials?

Charles Leacock, DPP frightened of murder trials?

“The Director of Public Prosecutions will probably justify each individual decision, but he cannot justify his overall cowardliness.

Folks, I woke up this morning and for some reason a fact and a question came into my mind:

Fact: All persons accused of murder in Barbados are allowed to plead guilty to a lessor crime. Always.

Question: How long has it been since we had a real murder trial in this country?

Whether you talk about Anna Druzhinina murder or the Camus Trendz firebombing mass murder or any murder in Barbados, one truth comes to the surface: DPP Charles Leacock always makes a deal in murder cases to allow the accused to plead to a minor offense.

NEVER do we have a trial.

WHY?

The justice system wants my respect? Then the justice system should get real or STFU!

The Director of Public Prosecutions will probably justify each individual decision, but he cannot justify his overall cowardliness.

Cliverton

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Filed under Barbados, Crime & Law, Police

Who wants a sweet? They are handed out for free. Tasty! MMMMM… good! Everyone has one…

Barbados Chief Justice SIR!!!! Marston Gibson

SIR Marston Gibson… Can ‘e even find Grape Hall?

THIS COUNTRY’S CHIEF JUSTICE, along with a leading academic, has been conferred with the knighthood, Barbados’ highest honour, in this year’s Independence National Awards.

The Knight of St Andrew has been bestowed on Chief Justice Marston Creighton Dacosta Gibson for his outstanding contribution to the legal profession in Barbados…

From The Nation article Worthy Sirs

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Son of ADR: Solving the court case backlog by throwing out unresolved cases. THIS is a solution?

Justice trashed…

Dear Barbados Free Press,

Regarding the recent “pronouncements” from on high, inter alia: how to use Alternative Dispute Resolution  – ADR – to clean-up the back-log, and more lately “Son of ADR”: how to forcibly “throw-out” or “discontinue” all the most embarrassing old cases…

Wait a minute! Better is to come: to get a feel as to whether these are good ideas, the boss is asking the Bar Association.

What’s their take on it? No, we don’t wish to ask all those plaintiffs who have paid their attorney’s fees already how THEY feel, (maybe, several payments). We’re now about to ask the same guys who – on many instances, wrap the whole process up in sticky tape thereby contributing to the legal arthlesclerosis which now threatens a key  pillar of our constitution!

Judging (sorry the pun) from the above correspondence, the boss was about to lay down the law (sorry etc), but the latest attempts to cut the gordian knot of this systemic mess of legal ineptitude, seems to indicate that the boss is running up the white flag! Whaddawedo next? Get a new boss?”

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Filed under Barbados, 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

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Filed under Barbados, 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

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Filed under Barbados, Corruption, Crime & Law

British tourists firebombed in Barbados: Mistaken identity over anti-government lawsuit.

Barbadian businessman says his home was the real target

Four British tourists just learned what most Bajans already know: litigation, especially against government, is dangerous business in Barbados.

The Brits rented a holiday home not knowing that it was next door to the family home of David Weekes: a Barbadian international businessman who has become a very inconvenient thorn in the side of both the Barbados and CARICOM governments.

“David Weekes told this newspaper he was certain his home was the target of what he suggested was a fire bomb. Weekes explained that since his house was the only one in the area which was normally occupied, the assailants or assailant could have aimed their wrath at the next door home because the lights in it were on.”

… from the Barbados Today article Fire bombed

At 2am on Tuesday April 3, 2012, an unknown person (or maybe more than one) firebombed the Brits’ holiday rental home with two exploding incendiary devices. Fortunately, no one was injured – but next time it could be different.

Why do we say “next time” people could be injured? Because there will be a next time, if not in the Weekes case then in some other legal battle. Barbados has a long history of incidents like this related to legal and other disputes. This is certainly not the first arson or similar attack associated with a Barbados court battle and it is unlikely to be the last considering our island’s recent history. We’ll get to that history in a minute, but for now let’s look at the litigation involving Mr. Weekes and the Barbados and CARICOM governments…

“Law Courts of Barbados seems unwilling or incapable of adjudicating my CARICOM civil suit”

… David Weekes, Barbados business owner and inventor

David Weekes is the inventor of a software and hardware visa solution that he claims Caricom stole from his company and used to issue visas during Cricket World Cup. Mr. Weeks claims that he showed the system to Caricom in 2003, and that Caricom used the software and system without his authorization in 2007. Weekes filed a lawsuit in 2007.

Adding credibility to Mr. Weekes’ case is that in October 2006 – just before Cricket World Cup – some Barbados Government people accidentally left a black folder at the Hilton Hotel, Bridgetown. When the staff saw the papers had Mr. Weekes’ name on them, they contacted him. Aha! According to Mr. Weekes, the Barbados Government papers showed that “confidentiality surrounding certain trade secrets Weekes had divulged to CARICOM representatives during many months of meetings had been compromised. Another company got the contract he was expecting.” (see Patrick Hoyos’ column at The Nation: David vs legal Goliath)

‘Normal’ in Barbados lawsuits: Delay the court case. Attack all the family. Steal the home.

David Weekes says powerful, connected lawyers of Carrington & Sealy were able to ‘rush’ their litigation through the Barbados court while stalling Weekes’ litigation.

Now throw in another layer: Weekes borrowed money to patent the visa software, and he put his home up as collateral – with the Barbados Central Bank guaranteeing the loan. Now Mr. Weekes is about to lose his home…

As Mr. Weekes explained it in a recent letter to Barbados Attorney General Brathwaite (and copied to all the news media and blogs – full letter later in our post)…

“(My home) is advertised to be auctioned by none other than (CARICOM lawyers) Carrington and Sealy on April 18th.

The travesty and injustice of this situation can be couched in one salient fact. The same CARICOM lawyers of Carrington & Sealy whom, like you, I have beseeched for the documentation at caption i.e. the Instruments of Ratification, from 2007 until now, are the same parties who have been able to rush concomitant litigation through the Barbados courts and get a judgment against David Weekes and IBIS Latin America Corp – two of the plaintiffs in CARICOM’s litigation!

This Carrington and Sealy, while stalling our substantive CARICOM case, aided by the fact that the Law Courts of Barbados seems unwilling or incapable of adjudicating my CARICOM civil suit, have simultaneously been able to put my company in court and get a civil judgment, against me, in a personal capacity, not my company, for default on a Central Bank backed Guarantee.

This is the same security my company used to finance the commercialization of the technology that I purport that CARICOM purloined!”

… Business person David Weekes in a letter to Barbados Attorney General Brathwaite

For 5 years CARICOM & Barbados Government refuses to provide Copies of Ratification

It gets even worse, folks. The Barbados Government and CARICOM have a real interest in not providing Mr. Weekes with access to government records that will assist his lawsuit… so Prime Minister Stuart and Attorney General Brathwaite put Mr. Weekes on ‘ignore’. He can ask and demand all he wants, but CARICOM and the Barbados Government want him destroyed, so they will not provide the records he needs to pursue his case.

Firebomb! Sue the cartel that runs this place... expect trouble at your family home.

The message of firebombs delivered at 2am

We don’t expect that the police will do anything substantial to find the culprits who arsoned what they thought was the Weekes family home: the police are pre-disposed to look the other way when the victim is suing the government. If you need some examples of this normal police blindness, neglect and complicity, just read on.

The Weekes case is yet another real lesson to international investors who might be considering Barbados as an investment or business location. If the deal goes wrong and you go to court, you will soon discover that litigation in Barbados carries risks that aren’t part of the court process in New York or London – like firebombs at your family home.

Barbados is a wonderful country with good, friendly and loving people – but we have some serious problems with rule of law, less than independent courts, disappearing government files and court cases that take up to 20 years to reach trial. Throw in the usual threats, arson and intimidation against persons who stand up to the small cartel that runs this place and you’ll see that business, investments, oversight and legal recourse in ‘Little England’ aren’t exactly as advertised to prospective foreign investors.

Barbados Free Press has been highlighting this problem for over seven years in hopes of driving change, but this latest arson (yet again!) against a family home shows that when it comes to doing business with and in Barbados… investors and business people had better be prepared for big trouble if it goes wrong – because law suits in Barbados are dangerous business. Continue reading

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Filed under Barbados, Barbados Tourism, Corruption, Crime & Law, Human Rights, Offshore Investments, Political Corruption, Politics & Corruption