The following was posted by David Weekes to the Shanique Myrie Goes to Court blog.
Caribbean Leaders signed treaty in Chaguaramas on July 4th 1973 – CDA
Could anyone please explain this to me since I am slow of mind. Ms. Shanique Myrie, citizen of Jamaica, and CARICOM denizen, while travelling to Barbados, purports to have been inappropriately searched by Barbadian Immigration (and thereafter denied the right to move/reside in Barbados as allowed for under the Revised Treaty of Chaguaramas (RTOC). Within mere weeks of her claim, her government equips her with its premiere lawyers and she brings her case to the Caribbean Court of Justice (CCJ) where the Government of Barbados brings it legal luminaries to fight on behalf of its Immigration Officials.
David Weekes, citizen of Barbados, CARICOM citizen, brings a case of breach of contract against CARICOM in 2007 and here in 2013, still cannot get a date for his case. Furthermore, said file 191/2007 goes missing from the spanking new facility at Country Road and cannot be found even up to today.
Related Links:
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A Request For Copies Of The Instruments Of Ratification [Caricom]
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Will No One Rid Me Of The Meddlesome Priest?
Weekes, after seeking audience with the Attorney General (AG) of Barbados, for what was easily two years, to get the support of his government, as Myrie may have done in her purported indecent search, is unceremoniously thrown from the Office of the Attorney General in Wildey. In fact I recall how I was told that “security will escort me from the AG’s office” if i don’t leave.
All I was asking for then was for the Office of the AG to provide me with Notarized Copies of the Instruments of Ratification referenced in Article 233 of the Agreement to Enable the Entry into Force of the Revised Treaty of Chaguaramas.
Look at the irony of this case.
You have someone who is purported to be a lady of the night, seeking to visit Barbados for trade in the oldest profession in the world, stating that she was fondled by two Immigration Offices, reporting the incident to her government and securing the support of her government of Jamaica. I have a patented product, am plying a legal trade, cross borders in physical and cyberspace, to provide a border crossing solution which, barring knowing what is in the hearts of a man or woman, provides premiere pre-vetting capacity to Immigration officials re “undesirables” and or illicit activities.
In review, it is not really important if Myrie wins the case or not, what does stare us in the face is how, after placing all the elements on the table, do we arrive at an equation where one purported illegal activity gets the full support of a government while my issue makes me persona non grata?
Yet we wonder why Barbados is experiencing all of this social upheaval and previously unheard of crime?
You, the powers that be, are sowing the wind, so you have to reap the whirlwind
Barbados Underground 
You are right about masons and power and wrong about many things
Mundungu
@Alvin
BU does not serve all purposes to all men. While BU may not help David Weekes in the matter he has raised according to you – by exposing what the system is capable OTHERS may try to be more self protective when pursuing similar matters. In the ecosystem of live we all play a part to make the world spin around.
@Jack Bwman
Thanks
Alvin Hi……………..I think the frustration that David Weekes, Plantation Deeds and even Al Barrack feels is akin to not having many available avenues for recourse in Barbados……………………these serious miscarriages of justice may have to be played out in international courts so that the aggrieved parties can get some kind of relief…….the magnitude of what was committed against these three and others is nothing short of unconscionable…………just remember, Barrack got his judgment, and as far as i know, is still to be paid, having grown by about 30-40 million…………..imagine David and Plantation who cannot even get past first base…………….it is indeed frustrating, they will have to do what they must even if it means exposing a horrific inadequate justice system on the island to the world…………………..
@David, (not Weekes)
I understand that various offers were made to Al Barrack but it seems that either there was no serious attempt (on both sides) to negotiate the end to this saga. Remember that it was this absence of successful negotiations that led to the matter being taken to arbitration and the then government; after having agreed to accept the arbitrator’s decision, reneged on its obligation to pay the money (even though they knew that it would accumulate interest) . In the meantime they lost the government leaving the incoming government stuck with the sum to be paid. Hopefully the negotiations will reach some sort of finality eventually.
I offered to introduce David (Weekes) to a patent lawyer. As I said she is not cheap. I sought her advice in a copyright infringement suit I was contemplating, discussed my case with her (cost almost $2,000.00 Can), but after discussing it with her, especially her costs for taking up the case; (especially the cost for filing the case, (more than $5,000.00 Can) and her then fees of ($175.00/hr) which she was willing to do, and which she thought I had a good chance of winning, she advised that since there is no “fixed” way of determining the award of “costs” even though I might win, depending on the time taken, and since, as she said, the defendants could string it out over a long period of time, I might still end up the loser financially. so I dropped that option and took another tack. (Not pertinent here). The decision would have to be David’s depending on whether he thinks it would be worthwhile. However he needs EXPERT advice. I cannot give him that. As I said I can introduce him. You have my e-mail address and you can give him.
Plantation is another problem and would definitely involve lodging a case or cases, in spite of his reluctance. Again that is his decision. But a long time has passed merely talking and bemoaning lack of movement and railing against the crooks etc.
@Alvin Cummins
So in short, fighting the case is expensive and time consuming with no guarantee of a win. In other words, those of little or no means get screwed by the system!
Alvin…………….as I understand it there is no limitations on fraud and the kind of plundering and pillaging done re the plantation deeds matter by various members of the political parties, their lawyers, friends, other lawyers, apparently that kind of theft was a free for all………….if there is no statute of limitations Plantation can take this to the limit……………as you said, it is a matter of choice and he/she does not have to use any Bajan lawyers to achieve justice.
By your words you all are making this thing sound so easy. I think Alvin Cummins’ little story recalling his own experience is proof enough about the reality the exists when one tries to fight matters on this nature in court. And he only went as far as Canada and had to pull out after de first 5000 Canadian dollars. LOL. But yet wunnah sit here and give wunnah orders: carry it to de Hague! Find a good lawyer! LOL.
The problem for David Weekes and Plantation Deeds is that there are no Lawyers who are motivated to pursue justice for them.
Either one of them would probably need a $million dollars to get a top Caribbean Law firm to research and examine their case.
Justice has a price. Good honest Lawyers are very expensive.
Yes and about as rare as Rockin horse Shit.
OH Dear!! What are we discussing??
Putting together words LIKE HONESTY and LAWYERs and BARBADOS.
How about :
BARBADOS; JUSTICE and THE LEGAL SYSTEM.
OR
The DPP, FAIR TRIALS and Honest evidence?
OR
POLITICIANS, ELECTION PROMISSES and TRANSPARENCY
Or
OR
OR
OR
There are lawyers who do pro bono work and these two cases are career makers, but not using bajan lawyers, it’s too involved and mired in small island politics………….but as Dr. Love said………………
Dr. love…………you have the makings of a jigsaw puzzle……….remember to patent at the library of congress in washington, small island patents don’t count…………
@Well Well
Small Island ANYTHINGS
dont count. !!
What I wanna know is Who de Coolie man tryin de OBeah Look on de disable fellah wid de shades and de walkman.???
@Hants, Dr. Love and others.
Like it or not, vex or not, consider it unfair or not, That is the reality in the world. It has nothing to do with small island politics or anything like that. This is the world as it is. I have lived in canada for over forty years. I was there when I had my discussions with the lawyer and there is no getting around it. Who has the patent on the Steel Drum (as in steel band) that was invented as a new instrument, by a Trinidadian, and yet it is not patented by a Trinidadian.However, the pursuit of justice must be ongoing and pursued constantly. But, the reality is that it ent easy, or cheap, and wishing is not going to change that. Don’t take my word for it go to the internet.
@David (not Weekes)
To save some time on this issue I have copied the following information on some aspects of patent infrigement litigation. How many local lawyers are specialists in Patent legislation and copyright infringement? What is the state and status of OUR copyright legislation? I can tell you it is wholly inadequate. How many people realize that when you print and sell a T. Shirt with Bob Marley’s image on it, you are infringing the copyright held by the Marley family, and are liable for costs. How many of you going to a fete and listening to music, copied and played at the fete realize that the person playing the music, and the person holding the fete are liable for payments to the holders of the copyright, through their representative COSCAP? Copyright infringement like patent infringement is a very serious thing.
Patent Infringement Lawsuit
Entering into patent litigation – especially a patent infringement lawsuit – will be lengthy and expensive. While a few law firms will take a patent infringement lawsuit on a 100% contingency basis (that is, agree to be paid from the proceeds of the lawsuit), some will require the plaintiff to cover litigation expenses such as research, court reporters, video depositions, filing fees and expert witnesses, and these costs can run into the thousands – even millions – of dollars! Knowing this, the strategy of large corporate defendants in patent infringement lawsuits is to simply wear down the small-guy plaintiff until he runs out of money or he just gives up and abandons his claim!
The Well Funded Patent Owner: If, however, the patent owner is a profitable business with healthy cash flow, the company will often engage a patent litigation law firm and pay them their regular daily or hourly fees and cover all litigation expenses. When the lawsuit is settled − they either reach an out-of-court settlement with the defendant or they win their lawsuit at trial − the total proceeds of the settlement or award belong to the plaintiff.
The Well Funded Patent Infringer: Many patent infringers are large businesses that infringe on a patented invention in the manufacture of the product or services they produce and sell. Some infringe unknowingly or unintentionally, while others knowingly infringe a patented invention because they believe they can get away with it. They also know that if they are caught, and if the patent owner is assertive enough to launch a patent infringement lawsuit, the worst that can happen is they have to pay for the use of the infringed patent. Well funded patent infringer defendants can afford world-class legal representation, they can hire the best expert witnesses, and they can easily defeat or simply wear out the unprepared and under-financed patent owner plaintiff!
The Under-Funded Patent Infringement Plaintiff: There is justice for the patent owner whose patent has been infringed, but who cannot afford to pay tens of thousands, or hundreds of thousands, or even millions of dollars to finance a successful patent infringement lawsuit. There are patent litigators who will take patent infringement lawsuits on a contingency basis, similar to how personal injury attorneys represent auto accident and medical malpractice plaintiffs. However, some patent litigators will only accept their fees on a contingency basis. That is, they will agree to be paid a percentage of the final award or settlement instead of a fixed fee or daily or hourly rate to represent the patent owner, but the plaintiff will have to cover all litigation expenses. These expenses can be substantial.
Good News for Plaintiffs: For the patent owner with limited resources, there are Patent Enforcement Firms that will represent the patent owner on a totally contingent basis. The Patent Enforcement Company covers all litigation expenses. The firm locates and engages a law firm to try the case, helps locate and pays for expert witnesses and other services, and directs the overall management of the patent infringement lawsuit. Both the patent enforcement firm and the law firm are paid from the proceeds of any award or out-of-court settlement, For patent owners who can find a patent enforcement firm to represent them, it is the ideal arrangement and the surest way to secure justice and compensation for the infringement of their intellectual property.
Read on on the website.
@Alvin
There is merit in your last comment. As stated earlier the system screwed Weekes and it will be a challenge from here.
Lawyers.
The very word now instigates thoughts of EVERYTHING unlawful .
Or is it just ME??
@Alvin
We all realise that we need “Educating”
But we dont want to roll over and play dead.
@Alvin
Small Island Politics??
Does a desease,infection ,whatever conotation you use,start Big and get Smaller or Start SMALL and get BIGGER?
We are not in Canada ,we in Barbados,let them deal with their problems,let us deal with ours.
We are a Sovereign Juristiction.
Charity begins at HOME.
I just want to know I am “safe” in Bim.
When I venture out unto the JUNGLE “I am a Roman and act Roman”.
Barbados is longer a mans “home” his “Castle” his place of ultimate importance and inviolability .
What is of more importance to anyone than to feel as he/she steps into the sanctity of their “home” , SAFE,SECURE and at PEACE.
BARBADOS is my HOME in all contexts.
Reads
Barbados is NO Longer
From a Canadian prospective it is odd to see that in Barbados the criminals roam free and the good people are behind bars to ensure their safety
@lawson
You got that in ONE.
The bars and the “Criminals” that concern me are the ones that are invisible.
We have to let the Criminals “Roam Free” or Parliament ceases to function:)
From my limited perspective if Mr. Weekes is attempting to sue Caricom then Barbados as a member of Caricom has probably determined that it is under no obligation to assist in a legal matter against self.
This is fundamentally different from what Jamaica is doing a la Myrie where her native country is trying to enforce a Caricom provision respecting the rights of unimpeded travel among citizens of member countries.
In my opinion the Barbados Gov’t has a responsibility to ensure that its citizens are treated fairly no matter the circumstances but he will have a tough row to hoe in getting some resolution to this matter as positions become hardened, egos get bruised and everything becomes personal.
@ Alvin Cummins | May 7, 2013 at 11:18 PM
I have had a mission on the island so I have been busy for the past couple days and did not get to respond earlier.
The patent that I purport is being infringed by CARICOM carries a few “concurrent issues that I will try to briefly explain.
CARICOM’s matter INITIALLY deals with breach of confidentiality. However, in putting the patent into practice between the member states and the USA, that escalates this matter to patent infringement.
I have a lawyer here in Barbados who is dealing with the issue of the breach (if i can get a day in court, given that file 191/2007 cant be found)
Recently, CJ Sir Marston has been speaking of the backlog in the courts, maybe, one day before I die, mine will get on the docket.
I really don’t think that most Bajans realise what matters like mine represent.
Imagine that you are at home watching TV and CBC arrives there, takes your TV and when you object, they respond, “as communications entity we CBC, have the supreme HAVE THE RIGHT TO DO SO”. They claim that it is in the law, a law which my (Office of the) Attorney General refuses to give me a copy of.
QC Shepherd can allegedly show his rump to a judge, without any sanction, with said CJ stating that he will look into it (the matter not AS’ behind).
David Weekes, with $500K in defaulted Central Bank Guarantees, used to commercialize his patent, CANNOT get a day in court.
But it gets even more ridiculous Mr. Cummins.
These Central Bank Guarantees (for which the Central Bank stands as debtor for 90% of the debt) are really some useless pieces of paper because depending on who you are, you can circumvent the 90% protection they provide and get an order for commitment, for the same debt!!
Yes sir, in this island called Barbados, gem of the Caribbean Sea, I WAS TO BE LOCKED UP FOR WHAT IS MINE!!
But back to your submission Mr. Cummins.
Over the years I have communicated with 432 lawyers per this Patent Infringement matter.
432.
Remember that this CARICOM case is no longer a “broaching of confidentiality” matter, we are now dealing with patent infringement.
I can send you hundreds of their preliminary opinions that state I do have a case. I can also send you estimates of legal fees from US$125K to US$1.5M
Some of these lawyers were from US “boutique firms”, the equivalent of Patent Enforcement Companies?? and work on a “contingency basis” but they state “while their fees are contingent, the expenses of filing, must be borne by the client”
My email is blackskinswhitemasks@gmail.com
David Weekes…………….i really do like the that email address, how appropriate in describing the way blacks treat each other in Barbados, starting with the governments………..reminds me of a book i read many eons ago by, i think it was Franz Fanon………..
Its was Chenwezi, a great Nigerian writer who 25 years wrote ‘Unmasking The Old Boys of the British Empire’. The cover of this book, the name given here may be imprecise, showed a black man with a white mask being strip off.
@ Well Well | May 8, 2013 at 10:15 AM |
“ i really do like the that email address, how appropriate in describing the way blacks treat each other in Barbados, starting with the governments………..reminds me of a book i read many eons ago by, i think it was Franz Fanon”.
That’s taken from the title of Fanon’s first book describing the severely violent negative effects of blatant Francophile colonialism. The Anglophile equivalent was experienced in Barbade by the Blacks but on a more extended and sustained scale resulting in them basically becoming the “Wretched of the Earth” with endemic psychological scars so deep that even today are as active as a volcano in full vent.
Just take a look at the ‘crab in a barrel’ mentality among the local black population. If not for their fore parents’ ‘sou sou’ that was used to educate them into imitating their colonial masters the political parasites parading as the local elites might just have remained in the cane fields as recommended Mr Fumbler PM the archetypal imitator of colonial theatrics.
If not for these selfless material sacrifices and timely financial decision-making the country might probably still have a vibrant sugar industry with labour surplus to requirements and ready for export to the mother country as cheap but docile and well-conditioned labour.
Franz Fanon would have inspired many English-speaking West Indian writers of the 50’s who made the Mother Country their university of literary maturation. George Lamming could have been inspired by Fanon when he wrote “In the Castle of My Skin” in cold dreary smog-filled England. Maybe Hal Austin can confirm from his personal association with some of these outstanding West Indian writers.
You come across as a person well read, indeed, Well, Well! LOL!!!
Miller and Pacha…………………….i love to read……………knowledge will always be power……something to pass on.
Miller………….Fanon was without a doubt one of the greatest West Indian writers
@ Sargeant
“…if Mr. Weekes is attempting to sue Caricom then Barbados as a member of Caricom has probably determined that it is under no obligation to assist in a legal matter against self”.
I would, as a person admittedly biased in this matter, present a different perspective regarding their (Barbados) absolutely necessity to change that position and protect one of its citizen’s rights .
They would be well advised to view my matter as “an abuse of dominant position” which any CARICOM member state or corporation can, like TCJ, practice at will, in various forms.
Pinehill Dairy is currently battling against external produce from a neighbouring CARICOM supplier. Some factions, in promoting an ever-expanding xenophobia policy, are suggesting that this is “unfair market competition” from Trinidadians.
Here is my rationale. Given all of the private/public sector consortia and collaborations, it is possible that a sub grouping of say CARICOM governments, with an initiative of “congruent interests”, could, hypothetically, group together and exercise an unfair competitive policy against a CARICOM company in one of the 13 CARICOM member states.
If Barbados does not make a stand now, and fight for one of us, it cannot reasonably expect to rise to defend the interest of someone, say Sir COW, when a US company takes a 49% stock option in a CARICOM company, vows to run him out of business, and thereafter uses it resources to discommode a private sector Bajan company that employs so many thousand workers.
You see how people like us believe that our government, i am not talking about BLP or DLP, Mr Sargeant, it really does not matter which one is in power, in one breath is chanting Buy Bajan but is practicing an “import products that are non-Bajan” policy? Do you know who got the contract for my cross border solution?
There is a fellow called Edwards who produces some incredible, world class wax effigies.
He has I am told even gained Madame Tussaids’ endorsement but entities, like our God-appointed **** REFUSE to support his grant/loan applications. (The 4 asterices are not a curse word)
What you are saying to people like me, Edwards and the many other Bajans who have created “game changing solutions” and seek the active support of our government is this
“Your million dollar ideas are too grandiose. what we want you to do is scale down to sea shells and mahogany birds, so that our current Prime Minister and the past one can come and look enquiringly at the statuettes while being photographed on the front of the local newspaper”.
abuses vows to
Ignore the last line “abuses, vows to, … ” rapid doodles are the only way I can hold the rapid kaleidoscopic of thoughts in mind while writing
David Weekes……………both governments stay small minded, selfish and self-serving, i am beginning to think that Adrain is onto something in his belief that the leaders in Barbados are quite incapable of creating a new or an additional money earner for the island besides their permanent dependency on tourism…………….gives us food for thought…………they will have to prove Adrian wrong now……….
When Ms Myrie went back to Jamaica , she said she was surprised to see timber houses and zinc fencing in Barbados. Surprise! Surprise!
One should always check the direction of the wind flow before spitting in the air.
Don’t be no Bag-O-Wire in this time
Death is the end of all crime
But a only for a time
Don’t take this for no nursery rhyme