Make no mistake about it, Barbados’ judiciary is the laughing stock of criminal elements in this country. But every time criminals laugh, law-abiding citizens wail. The appeal court has already been soundly criticized by the Caribbean Court of Justice for its sloth. From the days of criticism emanating from Winton Campbell versus the Attorney General 2009, it seems the highest court in our land has given face to the old adage that justice delayed is justice denied.
But now not only is the delay of justice a major problem, it also seems the discretion of our law courts leaves a lot to be desired. In this crisis that exists where criminal elements have taken root in several communities, the signals coming from the judiciary continue to make thugs laugh while victims despair. We appreciate all the socio-economic reasons which some will proffer as causation to criminality but there are some basic elements that have been devalued and have led to situations best suited as material for sitcoms.
We want to reflect on two names to make a point about how elements in our society are likely to view the judicial system from different perspectives. Their matters are sub judice and we make no comment on details of the cases themselves but highlight published history to illustrate the comedy that prevails in our judicial system. In October 2017, a report carried in most newspapers in Barbados indicated that an Edward Gollop of Halls Road, St Michael was charged in connection with the possession of four firearms; 100 rounds of .762 ammunition; 97 rounds of .45 ammunition; 20 rounds of .32 ammunition; possession of cannabis; possession of cannabis with intent to supply; trafficking of cannabis; possession of cocaine; trafficking of cocaine; money laundering; and possession of US currency when not being an authorized dealer.
In May 2019, another report was carried in the newspapers in the island which stated that an Edward Gollop of Halls Road, St Michael was charged for trafficking almost half-million dollars in illegal drugs. In June 2020, a report was carried in the newspapers in Barbados that an Edward Gollop of Halls Road, St Michael received six charges related to trafficking cocaine and cannabis. On August 29, 2020, a report was carried in our newspapers that an Edward Gollop of Halls Road, St Michael was charged for violent disorder, three counts of endangering life, unlawful use of a firearm, arson, possession of an AP15 rifle, possession of one glock pistol, possession of 26 rounds of .223 ammunition and possession of six rounds of .40 ammunition. We are told that in 2017 the individual was already on bail. Obviously for the mentioned charges to be laid last week the individual had to be again on bail.
For those who love pets, one of the most comical sights is that of a cat or dog chasing its own tail and never quite being able to catch it. Of course, not withstanding that one is innocent until proven guilty, we use the example of the individual from Halls Road only to illustrate that the capacity of anyone in Barbados to be charged multiple times for serious offences is not that person’s burden per se, but an indictment on the processes at work within the judicial system. And what makes this a concern that should be giving law-abiding citizens nightmares is that the mentioned situation is not the exception.
Take another name from the pages of local newspapers. Michael Blackett of Flat Rock, St George – charged for the murder of Charles Ellis on May 5, 2015; charged for the murder of Kemal Leacock on August 12, 2015; charged for the murder of Ashem Telemaque on August 4, 2015; charged for shooting two other men [who did not die] on January 22 and August 4 the same year. Then in August 2020, Michael Blackett of Flat Rock, St George charged for violent disorder, endangering life [during a shooting] and arson.
Law enforcement in Barbados is overwhelmed because it is chasing its tail on a consistent basis. There is a soft underbelly in the judiciary where its guardians seem only to see the black and white of law books but not the faces of the victims of crime nor the damage being done to civil society. Democracy and justice are about fairness not only to those who break the law or are accused of breaking the law, but also about fairness to those who don’t break the law and are victims of crime.
We do not believe enough thought is given to the process of granting bail for serious offences. Entitlement to bail is just that – entitlement via discretionary powers. But for some offenders, bail seems to have become their guarantee. We cannot and should not have any individual reaching the court on five or six separate occasions for serious criminal acts where a determination has not yet been made on his or her innocence or guilt for initial transgressions. To be on three murder charges and be afforded an opportunity for similar accusations without resolution of any of one’s prior alleged misdeeds speaks to a system that merits scorn.
We have not carried out any empirical study on this issue but based on some of the names that keep reappearing in our newspapers and on our national television, Barbados is plagued with a plethora of repeat offenders on our streets. Perhaps, that is one of the main reasons many of them go to court laughing or hailing their friends triumphantly in the courtyards. They too have recognized that this system of ours has become a monumental joke.
