Compensation Fund: Another Screw-up By the Barbados Bar Association

Barry Gale QC, President of the BA

BU has been able to access the audited financial report of the Bar Association (BA) relative to the Compensation Fund. BU notes that the fund holds in excess of $2 million. The authority for the Fund is to be found at Part VIII of the Legal Professions Act Cap. 370A of the Laws of Barbados.

Briefly, the Act states:

1. The Fund is the property of the BA and must be paid into a separate bank account to the credit of the BA to be known as “the Attorneys-at-law Compensation Fund”.

2. Every attorney-at-law is required, when a Practicing Certificate is issued to him, to pay to the Registrar his/her annual contribution to the Fund, without which no Practicing Certificate will be issued.

3. “50. (1) Where it is proved to the satisfaction of the Bar Association that any person has sustained loss in consequence of dishonesty on the part of an attorney-at-law or any clerk or servant of an attorney-at-law in connection with that attorney-at-law’s practice as an attorney-at-law or in connection with any trust of which that attorney-at-law is a trustee, then, subject to the provisions of this section, the Association may, if it thinks fit, make a grant to that person out of the Fund for the purpose of relieving or mitigating that loss.”

A few points to ponder from the reading of the posted financials.

Update: Leroy Parris v BLP, Nation and Barbados Advocate

Marston Gibson, Chief Justice

In the interest of sharing all information received about any matters which BU has reported on, we have been advised and updated on the issue of the Parris v BLP and Nation and Barbados Advocate as follows:

Mr Hal Gollop QC filed an action for defamation against the Nation which pre-dates the Parris action. The law firm of Carrington and Sealy acts for the Nation and Mr Vernon Smith QC is acting for Mr Gollop.

The essence of the complaint is that on January 07, 2013, the Nation captured and published the photograph which is the subject of dispute. Reasonable conclusion, the Nation was the author and the holder of copyright of the photograph. The BLP subsequently used the photograph and caption in their campaign. Thus, Mr Gollop has also advanced a claim of conspiracy against the Nation and the BLP.

Leroy Parris v BLP, Nation and Barbados Advocate: Chief Justice Gibson Produces a What the Hell Moment

Marston Gibson, Chief Justice

Leroy Parris

Barbadians were treated recently to the news that the enigmatic Chairman of CLICO Holdings Barbados Leroy Parris who was deposed when the bottom fell out of the CLICO parent company in Trinidad has filed a legal action against the Nation, Barbados Advocate and Barbados Labour Party (BLP). Parris would not have made the top 200,000th popular person list in Barbados prior to his recent court action. Now that he has filed the action his position is likely to slide to 250,000th.

AG’s Lament

Attorney General, Adriel Brathwaite

The Attorney-General of Barbados is the primary legal advisor to the Government of Barbados – Wikipedia

Good luck to Barry Gale QC who defeated ‘pooch skinning’ Alair Shepherd for the position of President of the Barbados Bar Association (BA). Not sure if outgoing president Andrew Pilgrim was able to achieve anything of note except to attain the status of Queens Counsel which lawyers are willing to ‘die’ for it seems.

There was a time when individuals worked hard because there was a consciousness that it was the right thing to do. How ones legacy might be defined was an inevitable consequence. Truth be told in defence of today’s incumbents which see a level of mediocrity hitherto unknown, it may simply be a matter of (in)competence.

Former Attorney General David Simmons is highly regarded by the legal fraternity and the general public. BU however has always been halting in our praise for two reasons. When Simmons demitted the office of Chief Justice (under duress) the delivery of justice caused by the weight of a heavy case load and an inefficient Court Registry should have been the performance indicators which painted his legacy and NOT the quality of his decisions. It was insightful to read Barry Gale’s comments soon after assuming the office of President of the BA concerning the court system. In summary, a mess!

Vernon Smith QC Suggests Barbados Bar Association Illegally Charging VAT on Member Subscriptions

Vernon Smith QC

BU read the Barbados Today article with  interest which outlined Vernon Smith QC reaction to being characterised a delinquent Barbados Bar Association (BA) member. The BU family is reminded of the list which was circulated by the BA and posted to BU in a blog by Caswell Franklyn – Defaulting Lawyers.

BU has posited a view that the Legal Profession Act contravenes the Constitution of Barbados concerning lawyers who opt not to pay BA fees and is therefore a nullity ab initio. Vernon Smith’s view has also been discussed.  Now that he has come public in his defense it provides the opportunity for the BU family to explore the matter further.

Vernon Smith is quoted in the article as follows:

Tales From The Courts XII – Barbados Bar Membership Revisited – Registrar and Sir David Simmons, Wilfred Abrahams Exposed

Former Court Registrar, Justice Maureen Crane-Scott

Former President of the BA, Senator Wilfred Abrahams

Caswell Franklyn, Head of Unity Workers Union

Former Chief Justice, Sir David Simmons

Update: The Nation newspaper has issued a public apology to Sir David Seale and Caswell Franklyn in today’s  edition. It turns out that it was our own Caswell who penned the Guest Column and NOT Sir David

In a recent blog BU investigated the issue of attorneys who opt not to be members of the Barbados Bar Association (“BA”) on the basis that the Legal Profession Act contravenes the Constitution of Barbados and is, as a result, a nullity ab initio.

The almost unanimous opinions expressed by BU’s legal eagles was that the Legal Profession Act would be found in law to be a nullity ab initio.

BU has received a letter from attorney-at-law Wilfred A. Abrahams to the President of the Barbados Bar Association dated April 12, 2003 in which he gives notice that the attorneys of the chambers of which he is head, Aegis Chambers, intend to object to appearing in court with any attorney who has not submitted themselves to the Legal Profession Act and, inter alia, accusing these dissenting attorneys of committing an illegal act by practicing law – See Letter sent by Abrahams to the Bar – part 1 and Part 2

QC Showed Judge His Silk

Submitted by the Mahogany Coconut Think Tank and Watchdog Group

Alair Shepherd QC

The behaviour of a Queens Counsel toward a female judge, in Barbados, is another manifestation of the disrespect being displayed toward our women. According to published reports, the Queens Counsel demonstrated his displeasure with the judge by lifting his robe, backing the judge bending over and inviting her to kiss a part of his anatomy.

This single act reveals that disrespect for our women is now rampant at all social and educational levels. We will remain in the forefront of calling for our women to be respected but there is a bigger picture emerging here. Our Caribbean societies have always elevated some professions beyond godlike status. The medical and legal professions have been the chief beneficiaries of such adulation.

While we have had the occasional professional problems with our doctors, we suggest that such incidents have been for from widespread. We can therefore, with some objectivity, concur that the medical professional has maintained high professional standards. However we are aware that some will suggest that unprofessional conduct within the medical professional is not usually made public.

Shanique Myrie Goes to Court

Shanique Myrie

The Shanique Myrie matter is currently being heard before the Caribbean Court of Appeal (CCJ) and is being followed closely by BU. Frankly it appears both sides have been …  By showing itself to be an itinerant court it shows how the CCJ is configured to deliver justice in a region which may require such flexibility given our geographic and economic diversity.

Something however has bothered the BU household since the Shanique Myrie vs Barbados matter with  Jamaica subsequently given permission to intervene. While the CCJ has the jurisdiction to hear an original application dealing with the Treaty of Chaguramas, it does not have the jurisdiction to hear an original application dealing with the civil and criminal cases of assault. BU’s view of the matter is that the alleged assault took place in Barbados and therefore must be heard before the Barbados courts.

What Have You Done Commish?

The following submission was sent to BU on March 9, 2013 but was snared by the spam bucket.

Submitted by Benny

Commissioner of Police Darwin Dottin

I am amazed at the recent public statement by the Commissioner of Police Mr Dottin advising Barbadians to leave their jewellery at home. I do honestly think that this is a testimony  of your inefficiency and the inability of your administration to properly manage the crime situation in this country.

I think that by now you should have realised that managing the Royal Barbados Police Force is more than the manipulation of statistics.  I guess that you cannot give instructions to the effect like a few years ago when you advised that when a house is broken into but nothing is stolen to register a case of disorderly behaviour instead of burglary. because the former would paint a different picture.

On the issue of house breaking when I leave my jewellery home and the thieves decide to break in and take it what would be your advice then to bring my home to the nearest police station or stay home and watch it? Please do not answer because I do believe that your are capable of finding an answer to that.

Tales From the Courts Part XI: Sir Frederick Smith Attacked by Nation Editorial – when hypocrisy becomes high camp

Sir Frederick Smith

BU has read with interest the editorial in the Sunday Sun of 10 March 2012 in which the writer launched an attack on Sir Frederick Smith QC for comments made about the Barbados judiciary. BU holds no brief for Sir Frederick but one is left to question the motive of the ‘editor’ of what is regarded as the most widely circulated newspaper in Barbados.

BU’s research confirms that in the mid-90s Sir Frederick delivered a speech to a legal body, an event attended by judges and members of the Bar from throughout the Caribbean. At that time, Sir Frederick stated, inter alia, “It appears to me that judges in Barbados think they have a constitutional right to be stupid.” Sir Frederick is consistent – unlike the “editor” of the Nation.

The tenor of the “editorial” suggests someone has an axe to grind. Could it be there is some fire rage being directed at Sir Frederick Smith because he was chosen to deliver the eulogy for retired judge, Lindsay Worrell, the father of Mr Justice Randall Worrell.

The editorial gets off to a pompous start:

Tales from the Courts Part X – John Doe v. Sgt Vernon Waithe

Sgt Vernon Waithe (1)

Sgt Vernon Waithe (2)

Sgt Vernon Waithe (3)

Sgt Vernon Waithe (4)

Sgt Vernon Waithe (5)

Sgt Vernon Waithe (6)

BU has received the following proceedings which should be of interest. The Complaint is part of a filed proceeding and in our view it falls into the public domain. However, BU will not comment on this matter, which has been adjourned until June 27, 2013 and is before Magistrate Deborah Holder.

No Real Remorse in the Satan Soul

Submitted by Ras Jahaziel

Image Credit: http://www.rastafarivisions.com

If the word “Satan” is rightly defined to represent the evil actions of humans, the word would most appropriately identify:

He who displays a propensity for robbing, he who displays a habit of bombing and invading, he who builds his wealth on enslaving, he who takes delight in torturing and lynching, he who is most cunning and deceiving, and he who robs a people and then penalizes them for not adjusting to economic handcuffs and legal straitjackets.

read more

Manifesto WARNING!

2013 BLP Manifesto

The manifestos of the DLP and BLP have been released about ONE week before the E-Day of February 21, 2013. Generally people pay very little attention to manifestos in most countries. A manifesto may be described as a political tool to get political parties elected. Although we know they are usually littered with pie in the sky promises, BU had hoped this one time around, given the unprecedented challenges which confront service-oriented economies like Barbados, the electorate would have been wooed and teased by a vision articulated by both political parties (espoused in the manifestos).  How do they plan to navigate the economic and social milestones currently strewn in our path? Why is it this one time our people could not have been convinced to turn-down the political rhetoric, and instead, engage in a level of collaboration hitherto never experienced in democratic Barbados? As a highly regarded small predominantly Black country here was an opportunity created by the prevailing economic challenge for us to lead; a role which is not unfamiliar in the post-Independence period.

Kudos  to the Barbados Labour Party (BLP) for being ‘first’ out of the blocks with their Manifesto launch – a sarcastic comment you ask?. Although a trivial point, it has not escaped the notice of BU that apart from the first page which features an aggressive air-brushed image of Owen Arthur reflected on The Team for A Better Tomorrow, Mia Mottley’s photo appears in the most prominent position. To those with an ‘eye’ for these things it is called subliminal advertising and it is designed to draw the eye and create an impression in the minds of the electorate.

During the stewardship of the DLP government (2008-2013) a few issues have always occupied the attention of the BU family. Heading the list is GOVERNACE! On Thursday an increasingly cynical electorate will have to decide which party leads (by a nose) on the issue of Freedom of Information (FOI) and Integrity Legislation (IL) among others.

Related Link: Manifesto WATCH