David Simmons, SBG & VECO
Chapter III - The Third of Four Installments
Review Chapter I - Review Chapter II
Is David Simmons Unlawfully Occupying the Office of Chief Justice?
Preamble
To fully respond to this question, we must first examine the Constitution of Barbados. I am not a lawyer, but I do have the ability to read and interpret our native language. First I must make the assumption that the Constitution of Barbados is a legally binding contract with the people of
Keltruth Corp.’s View of the Constitution
The Constitution of Barbados is a legal document designed to protect and serve the people of
The Case
I posit three arguments.
- Argument #1
Quote from the Constitution:Appointment of Judges 81.1
The Chief Justice shall be appointed by the Governor General, by instrument under the Public Seal, on the recommendation of the Prime Minister after consultation with the leader of the Opposition.
Source: http://www.barbados.gov.bb/bdsconst_chpt7_pt1.htm
I recall that it was reported that the CJ was appointed without consultation with the leader of the Opposition. I cannot verify this report, but if it is correct that is a breach of the Constitution. I would admit that, as written, the phrase “after consultation” would be difficult to enforce.
- Argument #2
Quote from the Constitution:“The Judiciary
This is a branch of government free from executive interference and comprises the Magistrate Courts, a High Court and a Court of Appeal.”The post of Chief Justice must not be political. In 2001 Simmons received two prestigious awards for “public service and politics“. Based on his multiple years as a legislator and his impressive tenure with the BLP, Keltruth Corp. views Simmons as a consummate lifelong politician.
- Argument #3
Quote from the Constitution:
84.1
Subject to the following provisions of this section, a person holding the office of a Judge shall vacate office when he attains the age of sixty five years: Provided that the Governor General, acting in the case of the Chief Justice on the recommendation of the Prime Minister or in the case of any other Judge in accordance with the advice of the Judicial and Legal Service Commission, may permit a Judge who attains the age of sixty five years to continue in office until he has attained such later age, not exceeding sixty seven years, as may have been agreed between the Governor General and that Judge.
The Barbados Government Information Service web site states that Simmons’ date of birth is April 28, 1940. Keltruth Corp. cannot attest to the reliability of the Barbados Government Information Service or indeed any official Barbadian Government agency. However, based on the best information that Keltruth Corp. has at its disposal, Simmons reached his mandatory retirement age on his sixty-seventh birthday, April 28, 2007.Is the Chief Justice a judge? You bet. He is the chief judge. He is categorized as a judge by being listed in section 81.1 above.
Keltruth Corp. maintains that the Chief Justice, as the top representative of justice in Barbados, should immediately take the appropriate steps to ensure that all members of the Judiciary strictly adhere to the constitution.
Reliance on Documentation from Official Government Sources
Keltruth Corp. has relied on documentation provided by an official agency of the Government of Barbados. If this documentation is incorrect or incomplete, the Government should take immediate steps to update this information, and to publicly apologize for misleading the public. If the public does not have easy access to the Constitution of Barbados, then the public cannot ensure that it is being followed.
November 16, 2007 - Kathleen Davis writing for Keltruth Corp.
Update - we have just received word of a Caricom web site with a more recent version of the Barbados Constitution than that on the official Barbados Government Information Service web site. We have not yet verified the authenticity of this version, and whether it takes precedence over that of the official GOB source. It appears to be a photocopy, and has the notation that “Act 2003-10 has not been proclaimed”. http://www.caricomlaw.org/doc.php?id=656
P.S. For more information on Sir David, just Google “Chief Justice David Simmons” or click on this link: Results of Google Search
Next: Chapter IV - David Simmons, SBG & VECO - Conclusion
Coming soon: Bannister Causes Turney Fall
23 users commented in " Spotlight On … Chief Justice Simmons - III "
Follow-up comment rss or Leave a TrackbackKathleen Davis,
Does madness run in your family?
Has your mother Marjorie Knox ever been kept in a mental institution?
the last chief justice before sir david did not retire at age 67
Anon,
Thanks for the feedback. We will investigate this.
Psychiatric Hospital,
Your enquiry about my mental state is a valid question, and deserves a full reply.
Imagine an old lady being attacked by six vicious pitbulls. Next you see a young man jump in with his bare hands to save the old lady. The unprincipled person would see this as an act of madness. The principled observer would view this as an act of heroism.
When duty calls, you have to put your life on the line to protect your principles. Some people understand that and some don’t. Keep blogging!
Please note that there is a difference between “unlawful” and “illegal”. “Unlawful” does not necessarily denote criminal activity. See http://www.straightdope.com/mailbag/munlawfu.html
Got the facts.
Every Governor General since Independence were in office long past 65 or 67, even past 70 years.
Sir Winston Scott was 76 years when he died
Sir Deighton Ward was 75 years when he died
Dame Nita Barrow was 79 years when she died, and;
Sir Clifford Husbands was 70 years.
I am wondering if you are making submissions without facts, and probably, you might very well have an agenda and you might be looking for any loop-hole to commit these people.
Frankology,
It appears you did not read the article above. Keltruth Corp. did not refer to the post of Governor General.
These are all Governor General, my last paragraph still stand.
Frankology,
The Keltruth Corp. article refers to JUDGES only, NOT the office of Governor-General, who is not a judge, but the crown’s representative. The queen herself is well over the age of 67. I am not aware of any mandatory age of retirement for the Governor-General.
I have scanned the Barbados government information web site to read the constitution of Barbados. The birthday of the Chief Justice and the age requirements for judges all come from official Barbados government sources. The facts for this story all come directly from the Barbados government.
[…] recent article on the Keltruthblog and highlighted by Barbados Free Press which has questioned whether Chief Justice David Simmons […]
Why are you so ignorant Kathleen Davis? Why haven’t you quoted s.84(1) of the Constitution which states specifically that the CJ can hold office until the age of 70 and this can be extended to the age of 72? What age did Sir Denis Williams retire?
There is nothing sinister about your not getting a response from the Government or the CJ. They can read and understand!!! You have now libelled the GG, the PM the CJ and David Thompson out of sheer ignorance. You should be ashamed but then again, white people like you with warped mentalities and imperialistic, racist attitudes cannot be expected to know better or have any shame. You just tell blatant lies on the internet and you are being exposed at every turn. You are showing yourself up to be nothing more than a criminal and taking BFP and wordpress down with you. Time is longer than twine.
Why are you so ignorant Kathleen Davis? Why haven’t you quoted s.84(1) of the Constitution which states specifically that the CJ can hold office until the age of 70 and this can be extended to the age of 72? What age did Sir Denis Williams retire?
There is nothing sinister about your not getting a response from the Government or the CJ. They can read and understand!!! You have now libelled the GG, the PM the CJ and David Thompson out of sheer ignorance. You should be ashamed but then again, white people like you with warped mentalities and imperialistic, racist attitudes cannot be expected to know better or have any shame. You just tell blatant lies on the internet and you are being exposed at every turn. You are showing yourself up to be nothing more than a criminal and taking BFP and wordpress down with you. Time is longer than twine.
Concerned,
Thank you for taking the time to comment.
The information you give does not agree with that provided by the Barbados Government Information Service. The Keltruth Corp. article quotes DIRECTLY, word-for-word, from the government source, http://www.barbados.gov.bb/bdsconst_chpt7_pt1.htm#section84
I can also provide screen shots as of today.
Section 84.1 on the official Barbados Government Information Service web site, where you can link and read yourself specifically quotes 65 and 67 years of age.
If the Chief Justice is not 67 or if section 84.1 is not correct in my article, the Barbados Government Information Service is responsible.
Please give me your link where you are reading 70 and 72 years of age, and I will quote it on this site immediately. Enlighten me.
Brutus, a BFP blogger, provided BFP readers with a Caricom page where a scanned copy of the Barbados Constitution shows the mandatory retirement age of only the Chief Justice updated to 70 and 72. Other judges remain the same at 65 and 67. Although the document footnotes give the following disclaimer “Act 2003-10 has not been proclaimed”, and the version of the constitution was posted in 2006, we updated our article accordingly. The link is http://www.caricomlaw.org/doc.php?id=656
We also note that Sir Denys Williams had to retire because of his age, according to Sir David Simmons in a public speech, so the “1990-17″ act linked to 84(1) is puzzling. Sir Denys Williams retired a long time after 1990, but well before 2003.
For your benefit, the following is an excerpt from the section of the consitution which deals with the retirement age for the Chief Justice
84. (1) Subject to the following provisions of this section, a
person holding the office of a Judge shall vacate office when he
attains,
(a) in the case of a Judge of the High Court other than the Chief
Justice, the age of sixty-five years; and
(b) in the case of the Chief Justice and a Justice of Appeal, the age
of seventy years.
(1A) Notwithstanding subsection (l), the Governor-General,
Anon,
I would be grateful if you would share your source with me. Our readers will not accept statements as fact without documentation.
When was this amendment to the constitution proclaimed?
Thanks for your help.
[…] The Cricket Match - Constitutional Satire Posted in November 22nd, 2007 by admin in Entertainment & Travel, Government, Politics and Development, Barbados Please read this first:? Spotlight On … Chief Justice Simmons - III […]
Where are the hydrocarbons? Is Imperial,Shell, Mobile still lining up for drilling rights? The Daily Nation is ahead of you guys.
Sunoco,
Thanks for your contribution.
I would be grateful if you would explain both the context and relevance of this question.
Are you referring to an article in the Nation newspaper in Barbados? Are you referring to this topic:
http://www.reuters.com/article/environmentNews/idUSN0716434220070608
[…] Keltruth Blog: November 16, 2007 - Is David Simmons Unlawfully Occupying the Office of Chief Justice? […]
[…] Supreme Court ruling on the matter. Note that the judge is the Hon. Sir David Simmons K.A., B.C.H. Simmons is viewed by many as a consumnate politician with a history of strong support for the former regime, the Barbados Labour […]
[…] from September 1994 to August 27, 2001. The Barbados AMLA would have been set up during his tenure. The now Sir David Simmons does not appear to favour a rigid separation of the different branches of … as he accepted the position of Chief Justice on January 1, […]
[…] the Constitution of Barbados. I quoted this source in my November 16th, 2007 post subtitled: “Is David Simmons Unlawfully Occupying the Office of Chief Justice?” Click on the image below to go to the actual Government […]
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