Marston Gibson, Chief Justice of Barbados Designate
If there is one thing the government of Barbados must plead guilty, it is the procrastination and vacillation which has affected their ability to appoint a Chief Justice of Barbados. The denial given to Sir David which forced him into an early retirement would have signalled to the public the government had a plan to attack the many issues which are afflicting our Judicature.
If there is one attribute which recommends Barbados it is the fact our country is still regarded as an orderly society. The strength of our democracy, law and order; its political and social stability has become a symbiosis. At the epicentre of the administration of justice sits the Chief Justice. Sir David was sent hurrying on pre-retirement leave on the 21 Jan 2010, more that a year ago. Is it conceivable to think that any company wishing to be successful would want to have an entrenched appointee at the top? It has nothing to do with the vacuous and spurious excuses being offered to the effect Justice Sherman Moore is competent.
Besides the ugly and embarrassing situation which must be tarnishing the reputation and credibility of our court system has been the silence of those who should be most vociferous given the tardy appointment of a permanent Chief Justice. Recently appointed President of the Barbados Bar Association Andrew Pilgrim has been uncharacteristically silent. The Barbados Labour Party Opposition who registered disagreement when Sir David was refused the extension, also opposed the amendment of the Judicature of the Supreme Court Act, which many believed cleared the way for Marston Gibson to take up the post, has been passive on the issue. The most resounding silence has been the local media who although willing to do a public relations job on Marston Gibson, felt hat and all, has shown a reluctance to disseminate the bigger issues created by his non appointment.
Retired Chief Justice David Simmons
BU has been at the vanguard of calling for a more educated Barbadian when it comes to being familiar with the laws which guide our fair land. Of interest to those who keep an eye on precedent setting rulings: on April 22, 1993, Stephen Lawrence, a young British man of African heritage, was murdered. Those accused of his murder were acquitted.
On Wednesday (18 May 2011) in a landmark ruling under the new “double jeopardy” rules of England and Wales, the court ruled that the conditions of Part 10 of the Criminal Justice Act 2003 had been met and that , “After conducting a detailed examination of a large body of evidence we have come to the conclusion that there is sufficient reliable and substantial new evidence to justify the quashing of the acquittal and to order a new trial.”
This is a case of international interest that received international coverage at the time and involves the murder of a young, black man by a group of young, white thugs. To be expected, it is of interest to the BU household and it has to be questioned why our so-called Fourth Estate has not reported on it.
Here is the judgment in full:
Of particular note, although not reported in the above link, is the conduct of Stephen Lawrence’s father, Neville. Far from seeking revenge for his son’s killing, Mr Lawrence has made himself available to organizations across Britain where he visits young offenders and works with them in the hope that he can in some way reverse their propensities for violence and in an effort to try to change society, so that what happened to his son may not happen to others.
For some strange reason, BU unlike the respectable Fourth Estate thinks this case is worth reporting.
http://www.nationnews.com/articles/view/cj-job-on-lips-again/
http://www.nationnews.com/articles/view/cj-concern-marshall-wants-answers/
@Enuff
Are you happy with the noise being kept at the non appointment?
@David ” Sir David which forced him into an early retirement ”
David nowhere in the world is 70 “early” retirement.
Everywhere in the world 70 is OLD.
Stupseee!!!!!!!!!!!!!!!!!!!
Why don’t we stop using big words to cover up silliness.
Sir David was born in 1940? So in 1940 we already knew that he was going to be 70 in 2010. He was CJ for how long? ten years or more? The life expectancy for men in Barbados is what about 72? Even if his term was not extended he was going to get old, get sick, die, sometime between the age of 65 and 85 (MOST people do) so why is it that we still seem to get caught with our pants down.
Even if a person does not retire, or is not forced to retire at about 70 when planning things we have to assume that old age, sickness death WILL step in at 70+ so even if we appoint a 40 year old we should start planning for the time when illness, old age death step in.
We need to stop pretending to be surprised at these things.
We need to start planning for who will be CJ when Marston Gibson, gets old, gets sick, dies after all he is already what 56? therefore 70 is ONLY 14 years away.
The way in which the government has handle the Chief Justice appointment without a resolution is simply put an embarrassment . Here is a government who ran on the principles of “accountability and transparency and to this day has remained tight lipped leaving the public to ‘pontificate and presumed and assumed as to whether this appointment is legal and what might be standing in the way of appointing the chief justice.Having patience for an outcome has truly been a virtue by the public. However the lack of response by the government has been downright unconscionable.
Are the rumours about a potentially new chif justice true or not??
Looks like Freundel tekkin e own sweet time.
Everyone and their brother knows that Gibson is the presumed nominee and when Gibson was interviewed he was giving answers as the de facto appointee. If Freundel is having qualms about the appointment they could have withdrawn the legislation or made some excuse that Gibson wouldn’t qualify even if they changed the legislation from Commonwealth to Common law.
Instead we have the makings of a farce surrounding the appointment, who’s on first anyway?
Is the CBC lady who wears the African robes available? Perhaps she can sit him down and ask about the CJ appointment I don’t think the question came up last time.
In the political arena some things turn out to be true. What is to be considered however is whether or not things said have been documented and I do know that what is not written is not said!Now let us get on the case and stop if-ing and but-ting.Is he or is he not ? Barbados know by now that 56 years is ????? Please!
The Fourth Estate is mainly about sensationalism and selling newspaper. When it comes to covering the important issues of the day which affects the country they too have closed their eyes and ears to that which is of importance but rather be deliberate in reporting what they prefer the public to know as they know the public’s response would be that of saying and doing nothing !
The DLP should have taken the easy way out and appoint Gibson but there must be a valid reason for the delay.
The single act of appointing a Chief Justice is only a start to reforming the Justice system in Barbados.
The same “hurry up and wait” attitudes that exist will take a long time to change.
The hope is that some bright young Bajans will be motivated to change the existing malaise.
While it is important for criminal cases be tried within reasonable time frames (justice delayed is justice denied),
Civil cases and transactions should also be dealt with in a timely manner.
However it shouldn’t stop Lawyers from doing a more efficient job especially when dealing with Estates,property and money.
Don’t hurry up and wait.
Sufficient time has passed to identify differences between the late Thompson’s government and that of PM Stuart.
Immediately one of the things Thompson did better was communicate with the people or there was that perception.
There were even those times when he sent his surrogates to blog about issues to provide insight to the BU family, on the odd occasion he blogged himself.
In appears Stuart’s attitude to a solid communication policy can be compared to former PM Sandiford. There is an intransigence which does not fit the times.
The appointment of CJ is not about Marston Gibson any longer, it is about the controversy which has been allowed to envelop an important appointment.
Not as great as the controversy of the appointment of a former MP as CJ.
PM Stuart has chosen to less communicative than his predecessor.
I think it is old fashioned top down “management” and I would respectfully suggest that it is a flawed policy.
Modern times require a constant flow of information from government given the modern day tools we have.
It can lead to misinformation being spread by the opposition for political gain.
PM Stuart should take Hant’s advice and appease the BU family.
Then again if I were PM I would probably not take advice from a blogger who is hiding behind a childhood nickname that was given to him by a journalist.
And if anyone is wondering what I doing blogging at 3.30 am, monday is a bank holiday up here so I watching IPL cricket. Adam Gilchrist was beating ball but just get out.
I remain a loyal DLP courtyard domesticated galliforme.
Even eff I en got it right de PM would onstan.
@David
I though the appoinmet of David Simmons was bad, and still think so to this day.
I agree that we need to have the appointment, but acting CJ has statutory powers to start the reform process, hence he should be looking at ways to improving the systems.
The AG has a role, he is the political head and he should be enunicating government plans for the judiciary, having been advised by his technocrat of the challenges and solutions. So dont blame the non-appoinment for the maliaise. Public Officers need to ensure that what systems are in place function, until there is a change. A lot of them are insolent and lazy and just draw a salary.
Some of those Crown Counsel produce junk and you have to spend a long of time advising them the daft legislation they submit dont reflect what was sent to them, and so help me God its takes sometimes a year or two to get simple amendments make. I could recall someone telling me that a file took five years to return from the governmetn lawyerss delaing with compensation for damaged clothing.
So David, dont expect miracles for any new CJ. Change is a process, and dealing with professionals it is going to be even slower. What we want is accountability and performance measurements among all public officers. Too many profession in the service spent a lot of time devoted to their private work, and in some cases neglecting to give the forty hours requires weekly.
And as for Consultants at the QEH who are paid handsomely for working atleast twenty hours a week, some of them can harly be seen during the week but are still paid. These are thinks that happen in the public serive, and when you try to deal with them they close ranks. Look at what the Consultants at the QEH did and the Minister is and was on olissd grounds.
@David
Solid ground
yeah true observer however we can’t keep saying “look at the way this is done “and keep repeating the mantra over and over again. We the electorate must be firm and take a no nonsense and direct approach in the way we seek answers from those whom we put in office if not they would continue to take us for granted as is evident now in the slow resolution of the office of CJ. The PM has for some reason isolated himself from the public when it comes to meaningful dialogue on a number of issues with this being one of them. It is only fair that the public would want to know the “Ifs” when , why , and How and even “why not”and it is in imperative they get answers from leadership. Speculation and innuendo only leads to lingering doubts .
Wunna know dat nuting gine come out of the Myrie investigation. A little bird chirrped dat dere was a settlement. How come we aint hearing from nutting de Minister of Foreign Affairs? Like everything else it will die a natural death without anyone announcing the funeral!
ac your comments are on point!
observer it is not about competency, it is about a growing perception by the public that decision makers making mock-sport at the appointment and taking the people for granted.
Bear in mind a large part of our justice system depends on the people reposing confidence in it.
@ David
I did understand his point. However i was also highlighting the fact that we as a people need to more proactive in bring these issues to light. In an overall view all the talking and screaming doesn’t add up to a hill of beans if we keep sitting on our hands and knees and do nothing. Forums such as this is only one step in the right direction. How about posting these representatives ‘e”mail adresses here where it is available for easy contact.
BU has a Contact Link has communicated before.
Many of our MPs don’t make their email addresses public. Unlike the US and the UK where all MPs and representatives have a public interface in Barbados it is hit or miss.
Some ministers in government and other high ranking officials take David (BU) feed on facebook and are made aware of the issues.
Your point is valid though, Bajans need to get up of their asses having been made aware of the issues and agitate.
@ David wrote , “Bajans need to get up of their asses having been made aware of the issues and agitate.”
Be careful what you ask for.
Just a friendly reminder that Barbados is still a good country to live in.
Off topic but it seems Bizzy Williams is “agitating” for land reform.
I think this (land reform) topic should be discussed on BU.
Why are we waiting? Time the government acted and made the appointment. Ressurecting the justice system will be a slow process with no overnight miracles, but there is no need to retard it further by failing to install someone that everybody knows you intend to appoint, to do the job.
@Amused
That is the1million dollar question everybody is asking? the slow response is of “suspect”
@Amused, It is unlikely that the appointment has been delayed without cause.
It does not matter if it is with cause. The fact is the appointment needs to be made and it has been allowed to become bungled.
The same lethargy was demonstrated with the appointment of a judicial manager when the decision was finally taken, the word is the bureaucracy within the solicitors office was the main cause. In fact many believe the decision was hurried somewhat when St. Lucia appointed a JM before Barbados where the bulk of the assets reside in the main.
How can we forget the Office of Supervisor of Insurance which it is said has cases backed up to 2000, the list goes on at the inefficiency in decision making in the public sector.
The Nation writes a good editorial on the late appointment of the CJ.
@ac. I dunno that I agree with you. I surmise (with absolutely no grounds whatsoever – I stress that so no one will conclude that I have any information whatsoever, because I don’t) that, because of the delay with the change to the Supreme Court Act, Mr Gibson may have found it necessary to extend his tenure with the New York court and thus will not be available until a later date. BUT, if that IS the case, why in hell can we not be told that? The justice system no longer exists and this leaves everyone in a really difficult position. Government should be seeking to reassure the country, not adding to the confusion and uncertainty in everyone’s mind. It is completely unacceptable!!!! Worse, it is irresponsible.
I notice that someone raised the land issue.
After emanicpation, obtacles were placed in the way of the black masses from procuring land, while in the other caribbean counries the masses acquired significant amount of land. Professor Marsalls’ writing on the tenantry should be excellent reading as a starting point for most bloggers on this site.
I believe that the Government’s portal should give you the email address of Ministers.
I am willing to joing any blog on land issue in Barbabados, I dont agree with Bizzy that government should free up our land because it is full with grass, landoweners will be encourage to allow their land to reach that stage in the hope of obtaining permission to sell. The williams need to get seiously inivloved in agriciulture, we should be concerned with food security. Look how we are faced with constant rising fodd prices. If Cow Williams had been successful of chairman of the folded processing plant at coverly, we would have had some food security.
When the william brothers buy up the availble land for sale, they can controll the selling price or force people to pay almost prics they want on lands they construct those ugly olling home on. So they are just as gulity ad a part of the corporate greed.
@Hants
I suspect that is the case, but the PM must speak to us and can let us know what is happening.
@Islandgal246
Produce the facts, Maxine is an excellent Minister of foreign Affairs.
force people to pay almost any price for thos ugly homes they construct on the lands they develop. So they are just as guilty and is part of the corporate gree culture.
@observer. Respectfully, I disagree on the point of the Williams’ placing land into agriculture. They have a LOT of land in agriculture – beautifully maintained too.
We face a problem in Barbados with smallholdings. A lot of these date back to pre-emancipation days when many non-slaves were what was described as “free persons of colour”. However, to be able to hold public office, they had to own in excess of 10 acres of land. Many free persons of colour purchased the minimum 10 acres of land and many of those titles remain with the descendants today. A lot of those descendants have moved away from Barbados over the centuries, but continue to pay the taxes on those lands and fight the never-ending battle with squatters and lawyers. They apply periodically for planning permissions, or, where there are tenants, try to sell the land to the tenants. However, they face a continuing problem there in that the tenants don’t have to pay land taxes and they pay a miniscule rent for the land – so why buy and then have to pay a land tax that would almost certainly exceed the rent by a significant amount? Yes, I know there is legislation that will give the tenants and landlords the option of purchasing or moving. But until the courts start to work properly, it is an exercise in futility and heavy lawyers’ fees to do anything about it. Therefore, there are many black Bajan descendants who own land in Barbados from which they derive no benefit whatsoever, but a lot of expense. But they hold on to it as it is a part of their heritage and gives them a connection to their roots and hopefully some day they or their children may be able to derive some sort of benefit from what their ancestors acquired as a means of allowing them, as black people, to hold public office in Barbados at a time when slavery was just ending and indentures still in force. Go figure.
@Amused
That is why there is that article in the Nation today in ref: to the delayed appointment. People are pointing a finger at this government. If something is not wrong with the procedure then why isn’t the government not saying what is causing the delay. It is highly suspicious and undiplomatic and the worse problematic for the government who was elected to serve the people and country is now being nonchalant concerning this appointment or shall i say ‘no appointment “at this time with the people who put them in high office.PM Stuart “Closed mouthed” policy will be sure to bite him in the a….s come general election. just watch!
@Hants
Next blog!
@AC
I am quite cognisant of the socio-historical ad political signifcane of land ownership.
I am aware that the wiliams has some land in argruculture, but I am not qure of the quantity. My point is that we have to ensure that enough land remain in agriculture for some aspect of food secuirty.
The williams have contributed to the land shortage for development purposes, i am aware that because of their walth they can purchase any land that come on the market for devleopment purposes. When you have a situation where just a few people buying the available land it is easier to creat a shortage and hence prices will be chassin land, or land and house. This is what we have to guard against.
I am happry tht the goevernment is selling land at $5 a sq ft, and i am abit unhappy that a number of small landowners were dispossed under the tenantries free hold purchase act or whatever it is called, as most of those persons would have bought the land with the intension or willing it to their offsprings. That is why blacks has used the deed to seed concept in willing.
They mean well but don’t know what the hell they are doing, should be doing or could be doing. The blind leading the faithful and other. Thats the DLP.
Has anyone checked with Simpson Motors? It is my understanding a $275-thousand dollar Mercedes with Bullet-Proofing (not even Fumble Stewart got one) was purchased by a Marston… Gibbons? Ahem! Erm, Gibson…
The Barbados DLP government rushed a amendment tp an Act through parliament at almost mid-night some weeks ago to pave the way for a new C.J. We all know who that was done for , even though I strongly objected to the way it was done, I accepted it once it was approved . However, it has been weeks since and the courts of Barbados have become the laughing stock of many both locally and regionally, yet this ” chosen one” has still not made his appearance, could it be that he has “cold feet” or the government have “cold feet” on this apopointment. Whichever, the P.M NEEDS to come to the public and explain what is going on, an appointment delayed could mean an appointment denied by either party and we NEED to be told. P.M Stuart, your little rehearsed interview on CBC TV 8 is not enough for us you are appearing somewhat arrogant more so than laidback, you NEED to improve your image before the bajan publis ASAP or it can have negative responses for not only you but the entire party.
@Rose Art
Who should be leading the coutry? The elctorate has spoken and will have an opportunity to speak in less than two years.
@Rose Art
If there is truth that Mercedes Benz was bought in the name of Marson Gibson, then by deduction it can be true. The truth will come ot light soon.
Judges don’t buy cars for official duty.
@David,
Note Mia’s latest ‘tactical statement’. I suspect she senses that the DLP is losing the image game and she wants to be the one on the receipt of the winning ticket as a result.
The BLP conference will be a battle royal, watch.
This is it, now or never.
As it stands now, the election is in the air and can go either way.
But, due to perceived inaction in leadership, despite the shortcomings of the BLP condidature, I think they have the edge, as of this moment.
This will be an interesting year in politics.
@Crusoe
Agree with you, we have been watching/observing the unravelling situation very* carefully.
Moves and counter moves will have to happen before annual conference.
Can the elders risk a split going into a general election?
Mia has looked over the horizon and seen hundreds of women headed in her direction while charging behind her are the gang of five still dreaming dreams of yesterday.
Crusoe,
Drop the topic, Mia wants attention! Mia realised that no one was taking her on and she decided she raising this dead issue again. Let her go forward with running for the chairmanship, the BLP is a democratic party. When she is soundly defeated, that will finish her political posturings in the BLP and she can then go and concentrate on forming her own party, the Barbados Liberal Party as she wanted to do but realised all her chances were doomed with forming her Liberal party, hence she dogging back round the BLP.
But back to the real issue, the Mercedes purchase is news to me but what I do know is that since last December, Mr Gibson came down and selected a house in Pine Gardens. I do not know if the government is paying rent for this property all like now.
Now that would really be a cost overrun! I wonder if the governor of the Central Bank would comment on this wastage!
talking about costoverun. nothing worse than them old men running things in the BLP. sounds like political liabilities to me.
They are still stand head and shoulders above the young ones in the DLP. They are still more competent and have a proven tract record of accomplishments!
Scout,
I found it passing strange that in that interview, Rosemary Alleyne never raised a question on the delay in appointing a CJ. Makes me wonder if she had a directive on what she could and could not ask. I would have thought that a question about the appointment of a CJ would have been paramount. But a question on what Fumble does for recreation was of importance to Rosemary.
WOW!!!!!!!!
Chief Justice? No.
Chief, Just us? Yes, of course no need to ask.
Just us denied bail.
Just us on remand for years.
Just us on the bus to Dodds.
Just us on the back of Two Sons van.
Just us in Westbury or Bushy Park.
and THEY” carry a lot of excessive baggage sounds like cost overruns to me. “YOUTH “yes! GERIACTIC” no!. Mia is headed in the direction the BLP needs a major overhaul.
It is ironic that owen arthur had encouraged Mascoll to create havoc within the DLP when he had differences with David, now the shoe is on his foot and he is having his difficulties with Mia. Oh how history has a way of repeating itself.
As I have often said, what goes around comes around and what sweeten goat mouth does burn he behind. Now it is turn for owen’s behind to be burnt. Go Mia
I will always maintain that if the Dems could solve the massive problems that erupted all those long years from the St Thomas bye election to when they ousted Clyde Mascoll, the BLP’s problems pale in comparison to those years of blood letting in the DLP to quote Freundel Stuart.
Stick to the issue. This incompetent government bungle this appointment badly and dont know which way to turn to sort it out. Mia will eventually be brought to heal, she will either shape up or ship out of the BLP. But the Dems dont have a clue how to govern. The PM cannot even risk a cabinet reshuffle and Chris Sinckler up in his face by running to the Press every week and poor Freundel hiding.
This party is over 73 years. Mia now come and will not be allowed to destroy it. If she had the support she thought she had, she would have left the BLP last October and would have been on her own crusade with idiots like Rommel Marshall with her Barbados Liberal Party.
But she realised that for her to be relevant and have a political future, her best chance is with the BLP. Very soon, I believe she will be told that she will have to tow the line soon or get out.
I believe that the current administration has done some good things. The Ministers have worked hard and I appreciate that.
But, they have made some foul-ups and the CJ issue is blown and growing daily.
The PM must also be more accessible and up front. PM Thompson understood the necessity for this.
I am wondering if the PM has the constitution for this much longer, maybe that is the issue? This is not an easy job and must take its toll.
Nevertheless, what has now resulted is that the next election is up in the air.
I am also moving to the view, that before the next election comes, either Stuart will make a decision, or Sinckler will try a palace coup.
Hence, Mia’s sniffing power and getting active suddenly.
@Prodigal Son, you seem sure of the scenario…you sure?
Quote of the decade, “We have to weed out the bad lawyers and we have to weed out the bad police.”
Have a very important matter to deal with. My health.
I gine fishing.
Why would a CJ vehicle cost $275 grand and bullet proof.
@ Tell me Why.
“$275 grand and bullet proof.”
For that money it could only stop rubber bullets.
@TMW: “…and bullet proof.
As we all know, there is no such thing as bullet proof.
Bullet resistant, yes.
Bullet proof, no….
He will be the first public official with such security.
How come none of our CJ’s, Prime Ministers or GG’s received such protection? Also, I don’t know if it is BDS or US dollars.
@Tell me Why: “He will be the first public official with such security.
It won’t protect him (or anyone) from IEDs…
BTW, could you please provide support for your claim that he’s actually getting this protection?
It is in the Bridgetown port already.