LAW WEEK
MARCH 22ND 2021
THE 3 features are contained in this magazine.
PLAINTIFF 50th Anniversary Special Magazine
MAGAZINE
50
THE PLAINTIFF
March 2021 50th anniversary magazine
what's inside this issue
06
14
22
27
LETTER FROM THE EXECUTIVE
DR JASON HAYNES
GABRIELLE GAY
PIERRE COOKE
35
37
39
42
Dame Sandra Mason, GCMG, D.A.,Q.C.
The Hon. Sir Marston Gibson, K.A.
Freundel Stuart, PC, QC
The Honourable Mr. Justice Adrian Saunders
the plaintiff magazine march 2021
FOREWORD FROM THE DEAN Such a challenging feat demands intellect, creativity, and solidarity. Redressing colonial legacies is not easy; neither is building a legal tradition from the ashes that were left behind. For this, we require not just lawyers and judges, but jurists and leaders. Throughout its fifty-year span, Cave Hill Faculty of Law sought to develop not just legal capacity, but legal imagination.
Ours is a developmental goal as we chart our postcolonial futures. We also advanced an integrated approach toward legal education, furthering both Caribbean jurisprudence and a Caribbean legal community. It is no surprise that Cave Hill graduates were involved in authoring the Treaty of Chaguaramas, just as we are elated that most members of the Caribbean Court of Justice also hail from our halls. The same is true for 14 regional prime ministers and counting. Our fifty-year history is replete with success stories that make our eyes water.
Initiatives such as the Plaintiff Magazine represent the best of Cave Hill, showcasing not just talent but leadership. Each step you take toward bettering yourselves—as writers, photographers, editors, and thinkers—betters our Faculty and our region. This issue is both legacy and gauntlet. It is a
Studying Law
is
and
a
working
memorable
Caribbean, together
there
such
students
and
nooks
of
other
parts
the
this
few
the
of
through
rigorous
development.
legal
And
of all
(and
united
have
the cohorts to come, defying them to do better.
And do better they will. For Cave Hill Faculty of Law does not rest on its laurels: we nurture them as we continue to carve a truly Caribbean future. I think we can all agree that fifty years is a wonderful introductory chapter.
Yet, our
region
and
done
the
in
our
education
we
many
islands.
and
legacy of your contribution to the Faculty and a gauntlet for
bring
celebrating
are
ourselves
that
the
grouping
respective we
Across
of
represent
Caribbean
diversity,
enriching
We
world!),
our
mission:
Faculty
places
disparate
Eastern
of
Hill
experience.
are a
Cave
academics.
idiosyncrasies despite
at
so
legal
for
-Dr Mohsen al Attar
50
years.
At Cave Hill, we teach law as a multi-layered instrument.
It
regulating,
ordering,
serves
relations.
It
transactional and
also
purposes:
structuring
promotes
social
existential
ambitions: advancing the social aspirations of individuals and collectives alike. What are the aspirations
of
the
formerly
colonised
peoples
of the Caribbean? Do we seek to emulate the European origins?
societies
Or
do
we
to wish
whom to
we
reach
owe
beyond
our the
narrow confines they established and chart a truly
Caribbean
approach
toward
being?
The
truth is probably somewhere in the middle. We cannot escape our history. We can—and should —rise above the depravities we suffered.
3
P U B L I C A T I O N S
C H A I R P E R S O N ' S
N O T E
“Engage able
to
into
you
cannot
wait
2021
receives
are
is
have a
pleased
who
changes
the
to
all
and
about
student.
on I
your
extend
the
publication,
be
best
studies
in
your
Remember into
desire. from
a
The
this
it.Happy
it
year
path
or
and
Year
to
As I
hope for
finally help
in
they
It
are
settles their
that
them
minds
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they
we
as
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the
hard
in
all
be
you
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entire
even
This
when
year. we
could
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and
Do
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you
and
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you
law
this
absolute
out.
habits as
gain
completed body
also
reading
itself
Good
faced
draw
magazine
successful
student
new
result
magazine.
that
hopes
have
a
it.
persons
permanent.
person
publications
this
work
each
as
this
students.
rest
and
incoming
and
our
hope
committee
when
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individual
to
change
publication
release
of
featured
for
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producing
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—
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makes
publications
New
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best
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publication
in
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practice new
able
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semester from
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designated
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committee
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what
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anticipate.”
finding
big
with and
predictable
while
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people
discern
will you
lead so
something
reading
and
the
teaching
staff!
THE PLAINTIFF MAGAZINE/ CELEBRATING 50 YEARS OF ESTABLISHMENT
4
The plaintiff March 2021
A LETTER FROM THE PRESIDENT
This academic year is an exciting year, a year that will be memorable, a year using a virtual platform, a year to celebrate 50 years as a faculty and a year of many celebrations. This year we welcome a new Dean of the Law Faculty, Dr. Mohsen Al Attar, three (3) new academic staff members, respectively, Dr. Reid Krell, Dr. Antonius Hippolyte and Mrs. Beatrice Hamilton. In this magazine, the Law family, it is imperative that we work together as a team, collaborating with each other. It is the time to develop creative goals, work towards those goals and accomplish what we have set before us. It is vital, we work hard and toil the soil together to make this year successful, memorable and come out on top. We are the future, so let us keep the Welcome to the Faculty of Law UWI Cave Hill Campus! Welcome to the Law Magazine edition of 2020 2021! It is my privilege to stand before you and offer some statements on this juncture in my role as the 2020/2021 Law Society President. As we all know and have experienced, the previous school year was interrupted by an unpredictable pandemic of COVID-19 that turned the Caribbean and the world over, upside down.
lamp oil burning and lead the way for those that come after us. To this end, the novel coronavirus may have changed the world and the normalcy of the campus but it has created change towards technology in the Faculty of Law! I thank you all for celebrating a huge milestone for the Faculty of Law with us with our theme, “We Love Law”.
As a society, we were unsure of our expectations, our professions, and our aspirations. For that reason, according to the biblical scriptures of Ecclesiastics chapter 3, versus 7 states that “For everything there is a season, and a time for every matter under heaven. A time to keep silence and a time to speak.” I stand here before you all to assure you, that God gives his strongest soldiers the toughest battles and we will come out triumphant! He does not give us more than we can bear.
Again, on behalf of the Law Society Executive and
Therefore, it is time to press on and not give up! With that being said, I would firstly like to welcome the returning students and freshmen students to the brand-new academic year of 2020 - 2021, not only to The University of the West Indies, but also a hearty welcome to the Law Faculty. In this magazine major highlights will be cover! In this magazine major experience will be highlight! In this magazine, the hard work of our Law Society will be showcase!
You’re President!
myself, your 2020/21 Law President, we welcome you! God’s blessing on the Faculty of Law at UWI CAVE HILL Campus. #We Love Law #celebrating 50th anniversary
Quincy D. Jones J.P (Mr) UWI Cave Hill Law Society 2020- 2021 President.uwilawsociety@gmail.com
5
The plaintiff march 2021
A LETTER FROM THE EXECUTIVE A prosperous new year and ending the academic year well
Celebrating 50 years of establishment and 50 years of law EXCELLENCE.
Dear law family, The 2020-2021 law society
This magazine was one that was a long time in coming. We decided to
executive is deeply humbled and
focus on the new and old because
blessed to have been chosen to
we hoped that you would've been
serve you for the period elected. We
able to read the stories of these men
truly believe that the highest of
and women who have made and who
distinctions is service to others. Our
will go ahead to make and indelible
only hope is that we did not let you
mark on the legal fraternity.
down, but rather we fulfilled our roles to the best of our abilities
We hope that when you feel
based on the present circumstances
weighed down during your academic
around us. This pandemic was not
life, you remember that persons have
one that anyone expected, including
done it before and you can do it. In
us when we offered ourselves up for
doing so, we hope that you
service; nonetheless, we quickly
remember that Aristotle said "The
adjusted to the online environment
roots of of education are bitter, but
and consistently produced a number
the fruit is sweet."
of great initiatives that we will forever be proud of.
This year we celebrated 50 years. 50 years of excellence and 50 years of loving law. Now the only place we can go is up and onwards. Here’s to 50 more years and beyond. #WeForeverWillLoveLaw.
6
W
H
E
R
E
A
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R
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A
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T
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?
WORDS BY QUINCY JONES
Over
the
last
reminisce Bag
song
final the
been
a
We
1989
won
the
the
major
Caribbean
state
Pic
of
headache in
O
for
spinning
which
has
for
legislative
De
For
that
the
AG
Crop
due
like
last
System
is
not
directly
implementation programs, this
end,
it
Although
call
reform.
of
an
drafting
prosecuting
Office
involved
integral laws
An
amendment
Cap.167
to
the
in
of
the
role
to
and
Home
juncture and
to
of
situation
is
determine
stamping
legislative
AG
that
down
the
on
initiatives
now
before
a
critical
General
under
the
a
bird’s
present,
increased being within
and
to
ask
these
Why
is
it
vital
taken in
ever
point
so
far,
questions, been
long
court
their
to
until
Police
two
Act,
Deputy
one
be
under
eligible
of
the for
it
more
“a
or
the
a
person
more
bail
in
to
the
2019,
difficult
of
outlined
person
Firearms
According Bill
Minister
bill,
with
serious
Act
under
will 24
Bail
which for
now
persons
such
charges
to
addition,
another
change
50
42 Thus,
how
one
many
solved?
process
system?
Act
than
recorded of
Bail
being
2019
recorded.
have
so
the
doing
the
2020
been
murders
criminals police
in
AG.
qualify
for
bail.
have
with
period at
new
charged
facing
the
2018
rates
200%
highest
have
from
murder
over
criminal
the
us.
view,
Barbados,
murders
of
the
by
the
murders,
tends
eye
the
murder,
In
From
the
by
Marshall,
with
makes
and
rescue
and
Dale
(Amendment)
approach
policy
to
the for
charged
not
at
to
provide
Affairs,
offences
lawbreakers.
role
to
led
Yet murders have increased, Is there still silence?
months”.
Thus,
being
2. Bail and Firearms Act.
crime-prevention
plays
by
the
implemented
years
include:
Attorney
reason,
were
two
Commissioners.
of
the
policing
1.
ring-pop
out
Justice
These
other
a
widely
changes
the
to
has
law
and
hesitated
and
over
Plastic
crime
Barbados
jurisdictions
juggernaut
Several
can
Red
De Country En Well,
that
enforcement
control
years,
the
which
with
fact
two
about
the
Are
heard
72
see no
hours
bail
to
the
applications
fewer
after
they
have
been
Yet murders have increased, Is there still silence? served
3.
The
on
the
DPP.
implementation
of
Scanners
at
Yet murders have increased, Is there still silence? the
4.
jobs?
will
ports
As
of
part
Project,
to
of
entry
the
at
the
Backlog
implement
seaport.
Reduction
additional
New judges. Yet murders have increased, Is there still silence? judiciary
These
questions
somewhat makers, to
the
have
silence
as
a
from
result,
popular
your
tongue?”
deal
with
the
improvements
created the
making
statement: in
order
problem to
policy
solve
to
got
attempt
and the
reference
“Cat
to
also problem.
Quintessentially, why do we always look for a plaster to put on a sore and rarely get to the root of the problem.
7
Changing legislation to determine bail for murder cases will not stop murders. We are simply dealing with effects and not causes.
For example: (1) Guns, drugs, and other weapons are not coming into the country via suitcase. Gun smuggling is done via sophisticated means therefore, our police force with the support of customs & the coast guard should be engaged in investigating shipping containers, private boats, private planes, fishing boats etc.
(2) Our court system also needs to be fixed so that cases can be heard timely and efficiently. Spending court time on road traffic matters is a waste of everyone’s time and a poor use of scarce resources.
By now our new Attorney General should have a working plan in place to deal with this serious escalation of violent murders. As Barbadians, we are accused of only talking.
Yet murders
have increased, Is there still silence? Mr. Attorney General, the constant fear and outcry from society, you need to start acting!
Mr. Attorney General, we need Justice!
Mr. Attorney General, what is it going to take for you to open your eyes!
Mr. Attorney General, we need Policing reform coming from the doorsteps of your office. For instance: the role of technology such as body cameras and filing, incentives to increase the police force, the creation of a new advance department, just to mention a few.
Obviously, there is an important role for the Police to efficiently enforce the laws. Obviously there is an important role for the Courts to deliver justice.
Yet! We have a problem that needs to be solved.
8
Law Week
FESTIVAL RECAP
STAFF AWARDS AND OPENING SERVICE law week festival opened with an induction ceremony, where the law society inducted more than 120 first-year students. The Law Society also paid tribute to all the staff who work tirelessly in the law faculty.
10
THE 10TH IMMINENT DISTINGUISHED LECTURE The lecture took place with four speakers with an array of legal experience. This lecture gave viewers a meaningful insight into the operations of the legal system in a covid-19 climate. 11
The debate was judged by Sen. Kevin Boyce who was the law society president from 1998 – 99, Hon. Stephen Lashley former Minister of Sports, attorney at law and former guild president of UWI Cave Hill, Mr. Anthony Alleyne who was the youngest secondary school principal at the age 34 (Lester Vaughn), current Guild President Ms. Thatcher Loutin and Senior Lecturer in Law Dr. Asya Ostroukh. The event was Moderated by Dr David Bynoe who is the National Coordinator of the UNDP. Congratulations to the persons who were victorious in the competition.
13
YROTS ERUTAEF
DR. JASON HAYNES Attorney-at-law, Doctorate holder, Leader, Inspiration, Dr. Jason Haynes, is the story of a young black boy from humble beginnings, one many can relate to. Just Jason, as he prefers to be called is a down to earth prodigy who strives for excellence. He’s one of the more popular lecturers in the faculty both with staff and students and if you’ve ever had the pleasure of interacting with him, it becomes obvious why. He credits his success to his disabled mother, who sacrificed for him and showed her love by giving him the chance at education. He now liberally gives this education to all of his students. Although law was decisively not his first choice, he made a name for himself in this career. His resume boasts being the Valedictorian of his College while struggling with poverty. He became a five- year National scholarship recipient, later he attained the British Chevening Scholarship and the Commonwealth Scholarship, additionally he credits his success to Jesus. Dr. Haynes describes having fainted at one point from sheer hunger because of his lack of money while he completed his studies. He’s an overcomer and writing his story reminds me in some parts of my own, and his success I am certain can inspire any law student into working harder and smarter and staying grounded.
His echoing words of wisdom are Faith and Discipline, “ Faith in not being able to predict with certainty the future, but being willing to do the necessary work now in the hope of it paying off in the future, and discipline in accepting that perfection is not the goal, but progress, and remaining committed therefore to the task at hand.” It’s easy to think as students that our issues are more urgent than our peers, but Jason Haynes' story speaks volumes that whatever we are going through, there are people handling a lot worse with more grace and we should always be thankful. Thank you Dr. Haynes for being the inspiration we all needed to hear about.
WRITTEN BY DYLANA ALLEYNE EDITED BY OLIVE STEVENSON-CLARKE 14
THE MAN BEHIND THE NAME When did you know that you wanted to pursue a career in law?
What is your ultimate goal in the legal arena? My goal is to contribute to the development of regional jurisprudence, and, in this connection,
law when I completed the LLB programme at UWI.
help the Caribbean find its rightful place at
Interestingly enough, I did not even apply to do
international fora.
law after having received my A-Level /CAPE results. It was only around the end of July 2008
YROTS ERUTAEF
I only knew that I wanted to pursue a career in
What/Who is your biggest inspiration? Why?
that I was convinced by friends, former teachers, family, and Prime Minister Dr. Ralph Gonsalves to pursue law as a career. Despite my strong initial objections to studying law, eventually I came around, and there has been no turning back since.
My mother is my biggest inspiration. Despite having a disability which impedes her ability to comfortably walk, no support from my father (whom, by the way, I have never met), and working several part-time menial jobs to send my sister and I to school, never did she once give up
What has been your most rewarding/memorable moment as a lecturer? I can't think of a particular moment as such, but I can speak of my teaching experience as a whole. For me, witnessing students' incremental progress
on me. She gave me all that she could muster, and often went hungry just to ensure that I had at least an opportunity at succeeding. She may not have had the privilege as I have of obtaining a formal education, but she sure knew the value of education as a tool for liberating the little black boy and girl from their poverty-stricken state.
towards competence in the areas which I teach makes teaching worth it. Hearing also from students that I am an inspiration to them gives me the courage to go on, even on my difficult
How would you describe yourself? - As Jason and as Dr. Haynes, the attorney/lecturer/author.
days (and there are many of those days!)
What is one piece of advice that you wish you had known when you were studying at UWI?
I describe myself simply as "J", which is short for Jason. Most times, I am not conscious about title(s) unless someone says, as students often do, "Dr Haynes". I have no qualms in being addressed
I wish I had appreciated while at UWI that
as 'Jason'; after all, that is the name that is on my
studying 'hard' is not the same thing as studying
birth certificate!
smartly. I wish I had also appreciated that I needed to answer the questions actually asked
What, in your opinion, breeds success?
instead of the questions which I wanted the lecturer(s) to ask. I also wish I had attended
I have carried my secondary school's motto with
classes, in particular tutorials, more than I used
me throughout my life thus far, as it speaks to the
to, and practiced past paper questions.
key ingredients for success, at least in my view: faith and discipline. Faith in not being able to predict with certainty the future, but being willing to do the necessary work now in the hope of it paying off in the future, and discipline in accepting that perfection is not the goal, but progress, and remaining committed therefore to the task at hand.
15
What is your proudest achievement?
What is one thing you have learned during the pandemic/quarantine?
My proudest achievement to date is graduating as Valedictorian of the St Vincent Community
It has been cemented in my mind, through this
College, and, in this connection, being awarded 3
pandemic experience, that life is fragile, and we,
As at Cambridge A-Levels (Law, Psychology &
therefore, need to live our best lives today (and
Sociology) and 4 ones in CAPE subjects
everyday for that matter), as tomorrow is not
(Computer Science, Communication Studies and
promised.
Caribbean Studies). I went on to receive the Prime
Although I have since gone on to do reasonably
Students, I am sure, would be surprised to learn
well academically and professionally, I still fondly
that I really hate reading (always have!) It's a bit
reflect on my A-level experience, not because of
of an oxymoron, I guess, as law is all about
my ultimate success, but the lessons learned from
reading, but if there's one thing in my academic
the journey.
and professional journey thus far which I have not
YROTS ERUTAEF
year National Scholarship.
What is something that students would be surprised to learn about you?
Minister's award for academic excellence, and a 5
enjoyed that would definitely be reading. Writing, At the time, I was living in abject poverty. In fact, I
though, is my gift, but sadly, there's not much to
didn't even have $120 EC which was the required
be written without having first read baseline
fee for matriculation, and had given up on the
materials.
idea of starting A-levels that year. I had already interviewed for a position at a radio station (but never even got a response!) Thankfully, though, one of my church friends paid the fee on my
What more do you want to be able to achieve in the next 5-20 years in terms of your law career?
behalf, and so I was able to enter the 2-year programme.
I want to make a positive impact on my students, the wider University community and the
SVG Community College brought together in one
Caribbean, by extension. I hope to create new
space the top students from all of the nation's
knowledge in my areas of expertise for
secondary schools under one roof. Admittedly, it
consumption by these categories of persons, and
took some getting used to being in class with
incentivize them, in so doing, to do likewise.
extremely bright students (I was average at best, as reflected in my not so good grades at CSEC), most of whom had more resources than I did, and better access to opportunities and mentorship
We know that you are passionate about Sports Law as an emerging area in law. Tell us, why?
than I did. As a student, I did not have any of those things; in fact, I could not afford to purchase even
Sports Law has been the proverbial underdog for
one textbook for the two-year duration at
far too long in the Caribbean. In a region like the
SVGCC. I went to classes most days without food;
Caribbean which has produced some of the
and had no internet at home. I remember during a
world's best athletes, I simply cannot understand
hectic day of final exams (we did all A-
why sports law is not a more developed area of
Level/CAPE subjects/units at the time, at the end
academic study and legal practice. Sports law,
of the second year) having fainted as I was
for me, combines sports (and cricket, in
famished. Thankfully, my A-level Law and
particular, which is perhaps the one thing in the
Psychology Lecturers noticed, and bought me
world that I am most passionate about) and law
lunch for the duration of the examination period.
which I have grown to appreciate, if not love. For me, it's fascinating to teach students about, inter
My performance at the A-Level exams was truly a
alia, anti-doping rule violations and the complex
blessing - more than I could ever think of, ask or
rules associated therewith; how to draft sports
imagine. To have obtained an overall average of
contracts, and IP licensing agreements in the
88.5% across all of my GCE/CAPE exams was
context of sports broadcasting; and how to
truly a divine act, and to this day, I remain grateful
frontally address questions of the liability of
and indebted.
athletes, coaches, match officials and sporting organisations for injury sustained on the field.
16
Do you believe that there is a gap between the law and the people? If so, how in your view, can this be changed?
Finally, what advice would you give your students or any law student who maybe looks up to you as a role model of what they want to be?
Law, because of its medieval origins, remains I would say that the hallmark of a role model (and
few, sadly. The reality, however, is that law,
I'm flattered to hear that students think of me in
because it permeates all aspects of our lives,
that way) is persistence, even amidst adversity.
should be accessible by all, and used in a manner
Life throws many curve balls which you would
that advances the rule of law in the interests of all.
have to navigate in order to succeed in the
I believe that making laws more accessible,
academic and professional sphere. Don't take
deconstructing complex areas of law so as to
failures too seriously; don't be defined by them.
allow for easier consumption, and practically using
Keep trying; eventually, by faith and discipline,
the law to contribute to society (e.g. pro bono
you will succeed.
work) are all ways in which we can bridge the gap between law and the people.
I make the point about failures because I have found that too many of our students, including
Why did you decide to become a lecturer at your old campus?
myself when I was a student some years ago, take a catastrophic approach when things don't pan out as they envisaged. I remember interviewing
I wanted to contribute to the academic and
for the Rhodes Scholarship in 2011; while I did
professional development of students in the
well-enough to obtain the runner-up position, I
region. Cave Hill still has the reputation of having
did not ultimately get the scholarship, nor did I
the most diverse group of students and continues
enter the esteemed walls of Oxford University. I
to teach law in a comparative manner, which I
remember how downtrodden I felt.
believe effectively prepares our students quite well for the exigencies of the legal world.Interestingly, I had commenced teaching at
Fast-forward a couple of months, not only did I
the Mona Campus some years ago, but left as I
receive the British Chevening Scholarship, but
wanted to become a "real lawyer". Three years
also the Commonwealth Scholarship. Had I hung
later, I reconsidered what a "real lawyer" looks
my head in despair and not try again, these
like, and decided that being an academic is no
opportunities would never have come my way.
less a noble profession than the practice of law.
YROTS ERUTAEF
shrouded in mystery, an esoteric field for a select
THE HISTORY OF MOOTING
2012 – Won the CCJ IMCC, (Donia Fuller, Rashad Brathwaite and Tanya Alexis-Prime)Best Academic Institution (Donia Fuller, Rashad Brathwaite, and Tanya Alexis-Prime).
2013 - 3rd Place, Inter-American Sustainable Development MCC- Best Memorial for the State and the highest memorial score in the Competition, People’s Choice of Best Team (Corey Greenidge, Odwin Trenton and Shenae Cunningham) advanced to semifinals (Corey Greenidge, Odwin Trenton and Shenae Cunningham).
A look through the years of mooting success.
2013 – 3rd Place, Best Oralist in English (Stephanie Ewbank), Best Memorial in English for the Victim (Stephanie Ewbank and Andre Bascoe)team advanced to the semi-finals (Stephanie Ewbank and Andre Bascoe) – WCL Inter-American Human Rights Moot Court Competition.
18
MOOT 2017
2014
-
Moot
Won
the
Sustainable
Court
Competition Campbell), Deochan),
(Kavita
Best Best
Competition for
Inter-American
Oralist Oralist
(Kavita
Petitioner
Deochan in in
and
Finals
(Kavita
Deochan
Best and
Memorial Rushane
MCC
Nana
(Mohsin
and
Brittney
Elliot-Williams)
Best
Oralist
(Mohsin
Nana
and
Brittney
Elliot-
Best
(Brittney
Elliot-Williams)
Spirit
of
the
Competition Award
–
Won
the
WCL
Inter-American
(Aschille
Clarke-Mendes
and
Rebekka
Human
2017
Rights Moot
Court
Ori
2014
–
Competition
Kublalsingh),
(Amanda
Best
Harper)
(Amanda
Best
Oralist
–
Best
Robinson,
in
Nehanda
English
Institution
Suszanna
Clarke,
(Andre
and
Christopher
–
3rd
Human
IMCC
Place
and
Rights
–
MCC
(Jeriah
Won
Memorial
Semi
MCC
Finalist
(Valdere
WCL
Murphy
Inter-
MCC,
and
Institution
Esmond
(Lloyd
Sampson)
–
CCJ
Caribbean-China Rock
for
the
O’kieffe)
and
International
Tassah
Applicant
O’kieffe)
(Jeriah
Law
Best
Rock
and
Best
Advocate
for
the
Applicant
3rd
(K-wani
(Tassah
O’kieffe)
and
London)
2017
Samuel,
2018
Tassah
2015
Academic
IMCC
Academic
CCJ
–
Montague
Montague)
Sheckleford,
Kael
Caribbean-China
Wooding
2014
Am
Place Law
Williams;
Campbell)
and
2nd
Memorial:
the
Deochan),
(Kavita
Rushane
–
International
Place
Roberts
and
Andiesa
Weste)
Best –
Semifinalist Best
Oralist
WCL in
Inter-Am
English
for
Human
the
Rights
2018
(Matthew Walker),
Best
Memorial
in
English
for
the
State
(Matthew Walker
and
Advocate
the
Respondent
(K-wani
Roberts)
Athill)
–
Semifinalist
Bridgewater
Oralist
in
English
for
Best
Best in
the
Oralist
English
Inter-Am
Human
Rights
for
and
Rebecca
Rafeek),
Victims
(Kai
Victims
(Rebecca
Best
Bridgewater),
2nd
in
the
Rafeek)
2nd
Memorial
English
Rebecca All mooting statistics were compiled from the Cave Hill Alumini Newsletter Vol. 1
WCL
MCC(Kai
Andrena
for
State
Rafeek)
for
the
Victim
(Kai
Bridgewater
and
PAGE 34
AN OVERDUE CONVERSATION: RESTORATIVE JUSTICE AND ITS PLACE IN THE CARIBBEAN LEGAL SYSTEMS RHIANNA SMITH
The Western World is accused of being
Recidivism rates are highest in Barbados, with
slavishly devoted to the concept of duality. A
a 60 percent rate of recidivism, as of 2020.
life of either-or's manifesting itself in black or
Trinidad follows, then Jamaica, then the
white, right or wrong, reward or punish. This
Bahamas, and Suriname with a recidivism rate
philosophy forms the heart of every single one
of about 50 percent each. In Jamaica, about
of our institutions. There is the family, and
59 percent of all offenders will be
there is the outcast. There is the saint, and
incarcerated within the first two years of their
there is the sinner. There is the scholar, and
release. In Guyana, Barbados, Suriname, and
there is the vagabond. There's the victim and
the Bahamas nearly a quarter of all offenders
there is the criminal. Our societies have been
will lose their freedom again in less than six
reared to embrace the 'good' and dispose of
months. The Caribbean's crime rates continue
the 'bad'. Our justice systems, especially, can
to play a game of see-saw. Still, the crime
be charged with using its penal institutions as
rates are high enough to be listed by the
society's garbage bin — by picking up wrong-
Inter-American Bank and by studies completed
doers, tossing them into penitentiaries, and
by the University of the West Indies as one of
forgetting about them.
the main hindrances to the region's development, as it diverts already limited
The issue with this is clear. The never-ending
resources away from health and education,
loop of capturing wrong-doers and
national security and, of course, our
incarcerating them, alone, simply does not
administrations of justice.
work. Our recidivism rates are a testament to this. Further, a peek at the increase in our
"Conflict is not a problem that needs solving
crime rates over the past ten years gives one
but a phenomenon that needs understanding."
no choice but to conclude that our legal
— Dominic Barter
systems and the 'rehabilitation' centers that feature them are failing.
20
The discourse surrounding restorative justice is well-
Within the last few days, stories have surfaced of the
aged. The premise of the approach, that is, restorative
alleged maltreatment of young offenders who have been
justice, is rooted in the tenets of accountability, social
institutionalized in Barbados. I make clear, that I stand by
responsibility, rehabilitation, and second chances. With
the belief that restorative justice can benefit offenders of
restorative justice, the success of a legal system is
all ages. However, young offenders, especially, ought to
measured,
can
benefit from a form of reformation that, like that which
administer but by how much harm can be prevented or
grounds the spirit of the restorative justice theory. If the
repaired. It understands crime as a violation of people
allegations being made against this particular institution
and relationships —and approaches justice with a spirit
in Barbados is true, and our young offenders are being
of respect and inclusivity.
locked
not
by
how
much
punishment
they
away
and
abused,
then
the
chances
of
them
resurfacing in society unscathed are beyond slim. Some
countries,
like
Vermont,
in
the
United
States,
where this form of justice has been embraced, note
There is absolutely no way that minors can go through
well the results of this approach and can flaunt their
such ordeals, and still, find the chance to properly self-
high
success
rate.
criminal
justice,
provide
both
satisfaction
When
compared
restorative
victims
that
justice
and
justice
with
traditional
actualize, properly re-integrate into society and become
has
proven
societal
offenders
had
been
with
done
to
more
than
did
assets.
reintegration nation,
is
as
the
Beyond, a
means
discourse
one's
to
potential
become
surrounding
an
societal
'asset'
respect
for
to
the
basic
traditional criminal justice. It also reduces the rate of
human dignity and the need for there to be an upholding
recidivism, is more cost-effective, and can boast of
of all rights, in all realms.
actually transforming the lives of offenders. A brief report by the Community Justice Network of Vermont
This one article is a mere scratch on the surface of wide
submitted
and
that
victims,
who
have
benefitted
from
deep
discussion,
an
honest
discussion
about
the
restorative justice remarks on feeling more empowered
effectiveness of our justice systems, its systemic flaws, and
and were grateful that they had the opportunity to
the fitness of those who have taken up the duty of aiding
have a meaningful dialogue with offenders. Offenders,
in the transformation of those persons who have slipped
on the other hand, welcomed the opportunities to right
by the wayside.
their
wrongs
and
to
amend
for
these
wrongs,
and
swiftly move on.
There is no gainsaying that the administration of justice in
So, why should restorative justice be introduced into
the Caribbean ought to be re-imagined. Our legal systems
the Caribbean?
need to break the generational curse of throwing away human beings whom they have rendered unfit for society
Well, before I suggest a possible answer, perhaps, I
and
should be upfront with you and expose my motivation
which has failed and continues to fail our civilizations.
to
be
exorcised
behind why I've chosen to write about this topic in the
There ought to be greater thought given to the application
first place.
of
restorative
justice,
of
the
spirit
especially
of
with
extreme
respect
punitive,
to
young
offenders and to the committers of petty crimes not only "Restorative Justice is respect. Respect for all, even
the name in social progression but for the sake of or the
those who are different from us; even those who seem
sake of defending human dignity all around.
to
be
our
enemies.
interconnectedness,
Respect
If you approach them on the basis of violence, that's how
we
they will react. But if you say, we want peace, we want
respect,
restoratively." — Howard Zehr
we
our
our "People respond in accordance to how you relate to them.
as
of
of
differences.
justice
also
us
Respect insists we balance concerns for all parties. If pursue
but
reminds
will
do
justice
stability, we can then do a lot of things that will contribute towards the progress of our society." — Nelson Mandela
21
YROTS ERUTAEF
GABRIELLE GAY Gabrielle Gay is a Businesswoman, Marketer, a World Literacy Foundation Ambassador, and a Law Student. Her story started with a glimmer of hope that she could make a difference by being different and she encourages all law students to do the same. Some may wonder why the spotlight should fall on her… her qualifications: at 13, she founded the Gabrielle Gay Award for Excellence in Reading and Literacy Mentorship Programme. This is the only programme which runs in over 118 school programmes in Barbados, it is the most awarded reading programme and the only programme to be honoured by the Queen's Young Leaders Award. Subsequently, she has hosted shows, been featured on the American Fox News, and has become a beauty ambassador for Blackup Paris Cosmetics. She’s an icon who is passionate about philanthropy. Gabrielle credits much of her success to her faith in Jesus and tenacity. Her work shows that there must be a higher power as within a few years her allowance funded programme led to a scholarship at Barbados Community College and later to a scholarship on our own Campus in the Faculty of Humanities for a B.A. in Literatures in English. Internationally, her mentorship programme reaches over 100,000 students but how does it affect Law?
Gabrielle's passion is justice, a pillar of what legal studies is, and during her interview she reinforced the idea that justice is what we should all strive for, this is compatible with her service for education and desire to help. Although she has an organic following of over thirty-four thousand, two hundred followers on Instagram, she asked law students to reach out to her for guidance as needed. This speaks volumes to the calibre of students at the Faculty, and as the Publications Committee highlights these students, we can find comfort that the future of the legal profession is in good hands.
WRITTEN BY DYLANA ALLEYNE EDITED BY OLIVE STVENESON-CLARKE
22
AN OVERLAP OF LAW AND HER PASSION MEETING We also have expanded globally: reaching over 100,000 students regionally and globally! We work with our Global Project Partners to successfully pay tuitions, supply school books, library assistance, and educational resources for I believe that to reach self-actualisation one must
students (backpacks, clothes, shoes, etc) in Sierra
be willing to be multifaceted and explore all
Leon, India, Vanuatu, United Kingdom, St. Lucia,
aspects of themselves! Therefore, regarding
St. Vincent, Ghana, and Tanzania!
entrepreneurship: I strongly urge students to pursue entrepreneurial activities outside of and/or related to Law. Entrepreneurship is an
What is your next big goal and where do you see yourself in five years?
exhilaratingly wild and successful ride, particularly if you are pursuing your passions!
One was being selected as the first-ever Barbadian World Literacy Foundation
Regarding the Gabrielle Gay Award for
Ambassador. Such a humbling moment! Selected
Excellence in Reading and Literacy Mentorship
from over 4,800 shortlisted applicants worldwide,
Programme: I began the Reading Awards
I have partnered with other global leaders in
Programme at the tender age of thirteen years
literacy to provide global solutions, strategies,
old. I commenced the Programme with my
and policies for literacy, as well as the Colombian
allowance in five schools and armed with the
education system.
determination to promote literacy and education across Barbados. I set out with the goal to spark
Secondly, it is such an honour and privilege to be
organic love for reading in children and young
the Assistant Chairperson of the Board of
adults alike. An avid reader from birth (literally!), it
Advisors of the Shirley Chisolm Education
was honestly simply natural for me to seek to
Foundation! Shirley was an American of
promote this for the betterment of society and my
Barbadian ancestry, and famed politician,
country. From the humble beginnings of a
educator, and author. In 1968, she became the
determined thirteen-year-old girl, the Programme
first African-American woman elected to the
has exploded across the local and global
United States Congress, honoured by Barack
intellectual landscape. To date, our Literacy
Obama as she paved the way for Black people in
Education Mentorship Programme is the first, only,
American politics! So it is truly a privilege to be a
longest-running, Reading and Rewards
part of such an illustrious legacy, working with a
Programme in Barbados! It made history as the
team of incredibly talented and successful
first and only Barbadian Reading Programme to be
women to effect change globally!In five years: I
awarded by Queen Elizabeth II in the Queens
won’t give too many details! But stay tuned, lots
Young Leaders Programme; and the World Literacy
of educational magic is happening as we speak!
Foundation. We are now implemented in over 118 participating primary and secondary schools, the only award for English Literature at the Barbados Community College and the University of the West Indies! Our mandate remains to award and provide critical educational infrastructure at the highest level in the country.
23
YROTS ERUTAEF
What led you to pursue a career in law while running several businesses and the Gabrielle Gay Literacy Award. Could you tell us how you got your start and what propels you?
You have recently made a scholarship for UWI students, could you tell us more about it? Do you have any plans for Law? This was truly a special moment in our Programme’s history! The Gabrielle Gay Award for
to the highest GPA achieved in the faculty. Also, the student must be involved in philanthropy either in or outside of the UWI Cave Hill Campus. This was especially momentous as this is the first-ever award for the Bachelors Degree in Literatures in English, in the entire 70-year history of the University of The West Indies Cave Hill Campus! Therefore, simultaneously effectively becoming the highest-ranking award for Literatures in English in Barbados, voted and accepted unanimously into UWI by the Board of Deans of all faculties! It is also the first time in UWI Cave Hill’s history, that an award and mentorship programme of this kind has
The number one piece of advice I have is to be AUTHENTIC. There is no-one quite like you, and you will never win unless you are YOURSELF. Make your mark in fields that set your heart on fire. What are you passionate about? What critical ill of the world would you love to see rectified? What would be the one thing you could change if you could? Then sit and devise a plan to create change in that area. Start small, and as you scale, add the partners and resources necessary to propel your dreams. Also, feel free to connect with me on social media. I love assisting other youth in reaching their goals. You can do it! I believe in you!
Why did you pursue a career in law?
been accepted from a student and a current student at that! Congratulations to our inaugural winner Tiexera Hyacinth!!
Justice and a strong sense of morality have always been my driving force. Also, the inherent belief that we are placed on this Earth to serve.
Do we have plans for Law? Anything is possible, Education is an allencompassing field!
After all, a lawyer is simply an interpreter of the constitution to serve and rectify a client’s matter! So from my junior years, I always have been particularly adept at reading, research, and
Who or what is your inspiration? And why? My mother Mrs. Margaret Gay, is my inspiration. By extension, my family. My mother is a woman of God, a triple qualified senior medical professional, co-founder of the Gabrielle Gay Award for Excellence in Reading and Literacy Mentorship Programme, and a powerhouse! She is the epitome of success, class, and achieving your dreams with your morality, dignity, and ethics in tow! She is the guidance behind me. I love her so much and am deeply appreciative of her love, support, and intellect. My family overall is incredibly supportive!
I also have to give praise to God. Without God, I would never have made it this far. Jesus is the compass to this ship. I am always thankful and inspired by God’s love and Jesus’ sacrifice and service to humanity. Honorable mentions also to Shirley Chisolm and Michelle Obama, both of whom have inspired much of my journey as a public figure and leader.
public speaking. Achieving my English Language CXC at 13, being a JCI Barbados National Debate Champion, and winner of the John Wickham Scholarship for Excellence in English Literature at the Barbados Community College: it was honestly an organic and naturally fluid progression, into the pursuance of Law as it resonated perfectly with my moral compass, and my natural talents and capabilities. My goal is to provide the highest level of legal competency and intellect to my clientele and the profession at large.
YROTS ERUTAEF
Excellence in B.A. Literatures in English is awarded
What is your best advice to students on how to make their mark?
Do you believe that there is a gap between the law and the people? If so, how in your view, can this be changed? Absolutely! People see the law as an archaic and mystical legislative creation: a dreaded horror, capable of interpretation only by the selected
n the business world, we are seeing young women like Alexandria Ocasio-Cortez marry beauty and fashion together to cultivate a brand. You are familiar with this as you had a popular Youtube channel. Do you have any tips on branding, especially for us lawyers who cannot advertise? I
elite! I believe that this can be rectified by the As aforementioned, the key is to be authentic! I
providing increased access to Whitsun Weekend
genuinely and deeply enjoy the aesthetics of
Conferences, among other things!
clean makeup and classy, stylish attire! I firmly believe that a woman’s style and her intellect can
What are some challenges you have faced while studying? And how do you overcome these challenges?
coexist in 2020! Therefore, I had a marvelous time educating and showing other career women tips on such! I now mainly post on my Instagram (@gabriellegay_), reaching over 221,000 people
The key to managing a multifaceted brand with a
weekly! Concerning branding for lawyers: Use
plethora of moving parts is organisation.
social media to your advantage! Post your law
Disorganisation is a detriment to success.
school journey and gems that you have learned
Organisation is literally the oxygen of my
along the way. While we will not be able to
infrastructure. Timetables, apps, calendars do
advertise in the future, promoting your authentic
what you must, and procure a methodology that
journey and knowledge is the best form of
works innately and best for you. Once you remain
promotion ever.
on top of your schedule, your life both professionally and personally will remain in general, comfortable homeostasis.
You have consistently helped the youth. What else do you want to accomplish?
Are you the Gabrielle Gay today that you want to be tomorrow? And if not, how do you intend to become that version of yourself? Yes. As I do everything authentically and have only pursued passions that are dear to me: my life
The key is to remain consistent and perpetually
is one of intense and practical syllogism. The
expand my regional and global footprint in
critical necessity for me is to evolve constantly. To
philanthropy, education, and service to humanity.
remain humble and perpetually seek constructive
We currently reach, reward, and assist over
criticism while implementing strategies and
100,000 students globally. The next stop to
partnerships to continually ascend to new levels.
accomplish? A trillion. Or more. There are no limits
Ultimately our mindset and attitudes determine
or glass ceilings in my mind or vision for the future.
our altitudes! You are always one singular
Nothing is impossible with strategy, authenticity
thought and determination away from being
and a pure heart to change the world!
whom you need to be for yourself and the magnificence of humanity. So dig in, and go for
You are incredibly accomplished and you should be proud of all that you have achieved. Tell us, who is Gabrielle Gay outside of her accomplishments? I’m a bubbly, warm but no-nonsense individual who enjoys a good laugh and a bomb workout session at the gym!
it. Your excellence awaits you!
YROTS ERUTAEF
heightened introduction of legal clinics, as well as
QUOTE OF THE MONTH
"Excellence is an art won by training and habituation. We do not act rightly because we have virtue or excellence, but we rather have those because we have acted rightly. We are what we repeatedly do, excellence then is not an act but a habit." Aristotle 26
SETON S'ROTIDE
PIERRE COOKE Pierre Cooke also commonly referred to as the Prime Minister of Youth Parliament, a young man in search of all things good and a passion for advocacy explains the person that he is and the role he wishes to play as a future member of the legal fraternity. He sees himself as someone who wishes to be a channel for disenfranchised people and the justice system, and he has been taking this journey for numerous years before he decided to study law. It is no surprise that the person he chose as his role model is someone who has broken down numerous barriers and also uses their platform to advocate for others. When you get into the person he really is and the way he thinks, it is clear that the leadership roles that he has been placed in from a young age have propelled him to be a driving force for advocacy.
Although he is seen as a formal person upon first impression, he is actually a person who is multi-layered with an interest in many areas and numerous hobbies. This interview has reinforced that the future of the legal fraternity is headed in a bright direction and has given us an inside view of who the man Pierre Cooke really is and what he stands for.
WRITTEN BY ANNIKE HARTE
27
LEADERSHIP RUNS IN HIS VEINS Tell me about yourself.
Caring: Much like the traditional law student, I I started being the outspoken kid I was, with an
search of good music, good times, and good
interest in complex books and ideas. I was always
people. I enjoy spending my free time reading a
interested in speaking up for others but as I grew
good murder-mystery novel on the beach or at a
older, I developed a special interest in the
cafe. I'm passionate about using my voice for the
development of legal systems and an
wholesome development of others in unlocking their full potential. I seek to defend and protect the rights of disenfranchised groups of society who lack the necessary resources and platforms to
YROTS ERUTAEF
was earmarked to become an attorney ever since
I am an outgoing young man who is always in
appreciation for the use of law as a source of protection and punishment.
Why did you decide to pursue Law?
defend themselves. To this end, my passions have led me to positions of purpose, which include: the Prime Minister of Barbados National Youth Parliament, Technical Advisor to the Healthy Caribbean Coalition, and an Ambassador for One Young World. Each of these roles has contributed unique skills to my overall personal development and capacity as a youth advocate.
What best four adjectives best describe you? Why did you choose these four?
What ultimately made me decide to study law was a very personal experience where the law became my protector and I found deep comfort in knowing that there is a system that exists to preserve dignity and to ensure no one is disadvantaged. Thus explaining my keen interest now in children's and human rights, equality, representation, and meaningful advocacy.
How has your experience been as the Prime Minister of Barbados National Youth Parliament?
I am diplomatic, caring, multi-layered, and caring.
Diplomatic: I think people's first impression of me
I have had many chances in life to lead. I was head boy both at primary and secondary school, I
is that I am a bit formal. However, I think my
founded my school's debating society and lead
inclination to find balance and order in things is
the charge there, I've headed major regional
often misinterpreted for stoicism.
focus groups on mental health and youth development, and most notably, I serve now as
Affable: I love meeting new people and learning
Prime Minister of Barbados' National Youth
about new cultures and I'm often surrounded by
Parliament. It has been a rollercoaster journey.
persons from all types of backgrounds. I do firmly
Many times I've been asked what my role as Prime
believe a man that hath friends must show himself
Minster entails and sometimes I am left lost for
friendly and it is for that reason, I like to present a
words but simply put, it is a unique chance to
personable and approachable character to make
represent the interest of youth in the national
other people comfortable in the formation of our
discourse on topical matters. I have had many
bonds. It lends to the 'affable' nature I possess.
chances to sit with Ministers, diplomats, and envoys to chat about the particular experience of
Multi-Layered: What some people don't know, is that I have lived and resided in three different Caribbean nations: Antigua, Barbados, and Guyana. Each of these experiences has contributed to who I am today, the way I speak, the cultures I appreciate, and the music I like. There are layers to me.
youth in society and had to vigorously defend our interest. It has been an even greater joy coupling my experiences in Barbados with the opportunities outside of Barbados which required a greater level of representation. I hope to continue this type of leadership wherever I see my efforts would be appreciated.
28
What motivates you?
What are your hobbies?
People and their experiences- watching and learning and understanding the background that
the person you see standing in front of you is always interesting as there are so many things that colours and shapes them into the person one is able to appreciate. In most cases, somewhere along the line, the law or legal system influenced this character whether for the better or worse. However, it is looking and learning from these experiences and stories which drive me to speak up and appreciate the plight of the vulnerable in society. Learning from their challenges and taking note of my own, I understand intimately what it feels like to have a representative speaking on your behalf. It brings comfort, peace, and security, and where possible, I want to be that person for others.
Traveling
YROTS ERUTAEF
comes with
Hunting for new cafes
Finding language enthusiasts Salsa dancing (although I don't do it so well)
What personal achievement are you most proud of? Navigating through the L.L.B in the middle of a "Panasonic"...but really one of my greatest achievements to date was being able to use my platform as a youth advocate to highlight the particular challenges faced by young people in the Caribbean, specifically my opportunity last year to meet with Dr. Tedros Ghebreyeseus, DirectorGeneral of WHO and discuss the challenges which young persons in the Caribbean had in facing the Corona Virus Pandemic.
Who is your role model? Why did you choose this person?
f you could meet anyone in the world, dead or alive, who would you meet and why? I
"Island Advantage" is a program meant to assist Caribbean students to pursue their higher degree learning. The founder Karolyn Maynard has been a role model for me for as long as I've known her because she represents what it means to come from humble beginnings and through hard work, dedication and education, she has shattered all types of glass ceilings and common concepts of 'limitations to success. Now, she uses her platform and experience to encourage others to work towards their dreams. For me, she represents a special type of selfessness and independence of
Maya Angelou! Most definitely! I consider her to be my grandmother and a grandmother to all. Hers is a story of resilience through serious trials. I am inspired by her courage as a black woman in a racially-political charged period in history, who through the power and use of her words and voice told the stories of others and advocated on their behalf.
What is your next goal and where do you see yourself in 5 years time?
thought and mind that I would like to embody one day.
My next goal is to be the Representative of the Faculty of Law at the Cave Hill Campus whenever there is an opportunity for me to effect change, I am always eager to help! Currently, I have a vision for the development of law, not only in Barbados but in the region, and a deep, personal interest in the representation of the interests of my fellow colleagues and their mental health. Law can be a taxing and demanding degree and it is sometimes an unforgiving space for one's mental health.
29
I want to use my experiences and platform to change the narrative around the pedagogy of law which should include respect for the full well-being of a student.
My life has always been, as Professor Ashburner stated in his comment concerning the confluence of law
pandemic has taught me that as much as we try to plan or map out our future, life happens and we must simply adapt. In the next five years, I hope to have grown personally and professionally to a place where I possess greater resources to do more for my society and others. If you want a more academic answer, check me after I complete my L.E.C.
Do you believe there is a gap between the law and the people and how could this change? I don't think there is a gap between the law and people but rather a dissonance in the understanding of how the law influences the lives of people. What I do think should happen, his for there to be greater public sensitization on how the law works and how the attorney functions as both Pericles and the Plumber. (Ronnie would be so proud)
YROTS ERUTAEF
and equity, a fluvial process. Simply put, I am open to wherever life takes me. The COVID-19
PAGE 34
RAPE CULTURE OR DO WE CALL IT A MAN’S ISSUE? BY SHARESA DOTTIN
This rape culture is the constant threat of sexual assault that affects women’s daily movements. Rape Culture, as described by Emilie Buchwald, author of Transforming a Rape Culture, is “when society normalizes sexualised violence, it accepts and creates rape culture.” These convoluted beliefs have always encouraged male sexual aggressions, supporting violence against women, and still continues. As Emilie states, this is telling girls and women to be careful about what you wear, how you wear it, how you carry yourself, where you walk when you walk there because it’s your fault. In a sense this is a judge, blaming a woman for her own rape. Young, bright sparks like myself, need to make a difference in combating this "Compromised and let off the hook crime." Rape is a crime and statutory rape is a crime, all of which should be taken seriously by society and the judicial system.
Moreover, it is a struggle for some Caribbean countries to comply with their international treaty obligations of protecting women from sexual violence. Reports from various United Nations programs, including UNICEF, and the annual U.S. State Department Country Reports on Antigua and Barbuda, the Bahamas, Barbados, Dominica, Jamaica, and Saint Lucia (“Commonwealth Countries”), indicate that sexual violence against women, including spousal abuse, is a significant problem in the Caribbean. The Caribbean Human Development Report 2012 notes that “citizen insecurity has become an urgent challenge of human development in…. the Caribbean” with gender seen as “the strongest predictor of criminal behaviour and criminal victimization” (UNDP Caribbean Human Development Report 2012). Therefore, there is comparable data available in countries such as (Bahamas, St. Vincent & the Grenadines, Jamaica, St. Kitts/Nevis, Dominica, Barbados, and Trinidad & Tobago) experienced a rate of rape above the unweighted average of the 102 countries in the CTS.
31
Rape Rates in the Caribbean and Comparison Countries Source: “Crime, Violence, and Development: Trends, Costs, and Policy Options in the Caribbean. The United Nations Office on Drugs and Crime and the World Bank 2007.” However,
be
However, the CCJ only came to a decision on 14th May
dismissed like a trivial matter or civil wrong
2020. This violation of personhood interferes with the
because it is now extending heinously to our
growth of a child that would allow the transition to an
minors.
being
adulthood free from the effects of sexual exploitation.
brought to justice, young children are being
The courts need to handle such cases with sensitivity,
preyed on by these predators and society is
more timely.
not
this
The
calling
it
rape
culture
perpetrators
out
or
cannot
are
not
addressing
it.
For
instance, we have a sub-culture in Barbados,
Reading articles from previous years while discussing
which is identified as the minibus culture and
rape culture, the drastic difference here is the fact that
"Van
there
Rats'',
are
known.
As
a
result,
the
is
an
increase
in
rape
making
it
necessary
to
minibus culture intertwines with rape culture.
address this in the Caribbean. This now highlights the
These underage school girls or “Van Rats” as
need for law reform in order to help protect people
we know it, engage in consensual sex with
from what they are due. A postcolonial reading of the
older
The
spousal
see
suggests
men
problem
which
here
is
is,
that
statutory the
girls
rape. do
not
rape that
statutes these
of
laws
Commonwealth should
be
Countries
“revised
to
fully
themselves as victims. Unless the girls' parents
criminalize
press charges, nothing is done.
constitutional principles and international law but also
spousal
rape,
not
only
to
comply
with
to deconstruct the colonial foundations of Caribbean
Furthermore, there is sexual abuse and rape
law that continue to foster a cultural identity that views
within
women
families
by
stepfathers,
uncles
and
as
“other.”
Not
only
are
our
statistics
often the victim suffers in silence because the
acknowledging the seriousness of the crime but we are
mother
the
left to ponder on the psychological and physical effects
the
of
child. man
or
guardian
Sometimes as
he
may
the be
does
not
mother the
believe protects
breadwinner
and
this
suffer
rape from
culture
towards
depression,
females.
suicidal
Some
thoughts,
women
dissolution,
because of her emotional attachment. As of
and
recent as the Pompey v DPP, Guyana’s case
needs to have trained professionals to be proactive in
was carried to the CCJ. Pompey was charged
these cases. It seems to me that education and training
under
the
Child
Care
Board
three
need to be implemented for the families, in the schools,
which
the church, the Childcare board, Police Department,
happened over a course of 8 months. His first
medical doctors. Maybe there is a need for reform in
offence was in 2011 and his trial started in
the judiciary system to address these sensitive issues
2015.
timely and to get to the TRUTH. Violence shouldn’t be
a
family
act
the
for
towards
offences
Consequently,
member
offences
sexual
scarring.
sexy and sexuality shouldn't be violent.
LIFE ON LAND By Lana Ryan
And we say we're attentive? Maybe really just watching not active, Actively ensuring that the damage we create is massive,
There are one point six billion, Yet you treat me like I am the only one, The one that ignores her cries of pain,
Massively ensuring that the wound is excessive, Excessively hurting her.
The acid rain, her toxic tears, She's sobbing and you claim I don't care, Telling me I am one in a million, But that makes sixteen hundred billion, Ignoring all the past occurrences, Armed with greenhouse emissions, Our new scented mustard gas.
But we say that we love her? She sees our confessions of love, And returns it by sending her son, Sons of Irma and Dorian, slayer of many, Imbued with her wrath from her wounds plenty, She hurts herself to warn mankind,
More people willing to out the sun, Burning down acres of land, yes, forests down, Smoking up a storm, telling global warming "come",
Mankind blind from spraying pesticide, Mankind with a nature to obliterate every sign, Beautiful nature on the brink of mass genocide.
She is mad at what's been done, Heat waves, her temper tantrums flung, Flash floods drowning all but her son, Yet I must be the only one.
Yet you say that this is living life perfect, An imperfect species that perfectly neglect, The very woman we were brought up to
Responsible for her sun that burns hotter by the day, Unaffected by the ice caps that she lays to waste, Two steps in and we are ready to faint, Yet we claim we are saints, Then play that we are working, Working in the Amazon burning, Burning habitats down yet fronting,
protect, But we are not even protecting our future from defect, Our unborn children, not born but already sick, Will this continue until we are extinct? Or will we finally join and make a stand To heal the woman we hurt and live a proper life on land.
That it's ultimately to be fulfilling.
33
In 2020, our faculty celebrated 50 years. This included celebrating the molding and influence of minds in the faculty, who have gone on to mould and influence the region and the world. Alumni have gone on from the law faculty to stand behind the helm of many important positions in our region. These positions range from Prime Ministers to attorneys general, to judges and authors. We Honour those who have gone onto make a notable contribution to our legal fraternity in the region and beyond.
34
MARCH 2021
Dame Sandra Mason, GCMG, D.A.,Q.C. Governor General of Barbardos
01
Education
02
Bar Admittance
Dame Sandra Mason attended Queen’s
Dame Sandra Mason went on to be the first
College and went on to study law at the
Barbadian female graduate from the Hugh
University of the West Indies, Cave Hill
Wooding Law School. Consequently, she
Campus. There, she was within the first
was the first woman to be admitted to the
cohort to graduate from the Faculty of Law
Barbados Bar.
Editor's Note Letters Featured Stories
in 1973.
03
First Career Dame Sandra Mason was a teacher at the Princess Margaret Secondary School before leaving to pursue a career in banking.
04
Judicial Career In 1978, she became a Magistrate of the Juvenile and Family Court. Her spare time
The Faculty of Law
was spent tutoring Family Law at her alma
Cave Hill Campus
mater the University of the West Indies, Cave Hill campus.
50th Anniversary Magazine
Created by the publications committee
35
MARCH 2021
Dame Sandra Mason, GCMG, D.A.,Q.C. Governor General of Barbados
05
Career
06
Judicial Career
Between 1991 and 1999, Dame Sandra
Dame Sandra Mason became Chief
Mason served as both the Chair and the
Magistrate in 1994 and Registrar of the
Vice-Chair of the UN Committee on the
Supreme Court in 1997.
Editor's Note Letters Featured Stories
Rights of the Child.
07
The first of her caliber
08
Appointment
Dame Sandra Mason was the first female
Dame Sandra Mason was appointed the
Court of Appeal Judge of the Supreme
first female Governor-General of Barbados
Court of Barbados.
in 2017 - a position which she currently
The Faculty of Law Cave Hill Campus
holds. 50th Anniversary Magazine
Created by the publications committee
Facts compiled by Tinarje Moxxey
36
MARCH 2021
The Hon. Sir Marston Gibson, K.A. Former Cheif Justice of Barbados
01
Education
02
Legal Education In 1972, he carried out his legal studies at
Chief Justice Gibson attended the St
Editor's Note Letters Featured Stories
the University of the West Indies Cave Hill
Matthias School (Primary Education),
Campus, where he obtained his Bachelor of
Foundation School and Harrison's College
Law in 1975. Two years later in 1977, he was
(Secondary Education).
awarded the Rhodes Scholarship for the Bachelor of Civil
Law at Oxford University
and would then complete said degree in 1979.
03
Law School
04
Teaching Career
In 1981, he was awarded the Chairman's
While attending the Hugh Wooding Law
Special Prize for Evidence and Procedure at
School, he taught criminal law at UWI St
the Hugh Wooding Law school.
Augustine. He would then come to The The Faculty of Law University of the West Indies Cave Hill Cave Hill Campus Campus to teach real property, jurisprudence and equitable remedies. 50th Anniversary Magazine
Created by the publications committee
37
MARCH 2021
The Hon. Sir Marston Gibson, K.A. Former Cheif Justice of Barbados
05
06
New York Legal Career
Knighted He was knighted on November 30 2012
Chief Justice Gibson moved to the United
during the National Independence Honours
States in 1987, where he was admitted to
where he was conferred
practice law in the state of New York in
Andrew and as result he was given the title
1989 and would go onto serve 22 years in
of Sir Marston Gibson, K.A.
Editor's Note Letters Featured Stories
the Knight of St.
the New York State Court System. In 1989 he began work as an Appellate Court Attorney until he attained the position of Principal Appellate Court.
07
Teaching Career
08
Associations
Sir Marston Gibson was an instructor at
He served as Vice President of the
Lehman College in the Paralegal
Foundation Old Scholars Association of
programme in New York for a period of
Barbados. Even though, he is a busy man he
eight years. In this programme he taught
is a member of the Barbados Cancer
Estates, Wills and Trusts, Legal Drafting and
Association of New York and the
Business Law.
Caribbean-America Medical and Scientific Association.
The Faculty of Law Cave Hill Campus
50th Anniversary Magazine
Created by the publications committee
Facts compiled by Charissa Mottley
38
MARCH 2021
Freundel Stuart, PC, QC Former Prime Minister of Barbados
01
Origin
02
He was born on 27 April 1951, and raised
Editor's Note Letters Featured Stories
Education He was educated at the St. Marks Boys
in the rural parish of St. Philip, a stone
and St. Martin Junior Schools in St. Philip,
throw away from the familiar Six Roads
before entering the Christ Church Boys
landmark.
Foundation School (now the Christ Church Foundation School) in 1960.
There he came
under the tutorship and influence of his mentor, headmaster Lee Harford Skeete, as well as teachers Gilpin Jones and Colin 'Couchie' Reid.
03
Teaching Career and and Tertiary Education
04
Legal Education
On graduating from Boys' Foundation
From 1980 to 1982 he pursued the Master of
School, Freundel Stuart taught Spanish
Laws (LL.M.) in Public International Law also
and History at the Princess Margaret
at the University of the West Indies, Cave
Secondary School. He studied for and
Hill, before proceeding to the Hugh
obtained a B.A. honours degree in
Wooding Law School to pursue the Legal
Political Science and History from the Cave Hill Campus of the University of the West Indies in 1975. He later re-
Education Certificate. Mr. Stuart was
The Faculty of Law Cave Hill Campus
50th Anniversary Magazine
called to the Barbados Bar in 1984 where he practised Criminal and, later, Civil Law.
Created by the publications committee
entered the Cave Hill Campus, this time the Faculty of Law, and began studies which led to the LL.B. (Hons.) degree in 1980.
39
MARCH 2021
Freundel Stuart, PC, QC Former Prime Minister of Barbados
05
Politics
Prime Minister
06
He officially joined the Democratic Labour
Freundel Jerome Stuart served as the 7th
Party in 1970 and successfully entered
Prime Minister of Barbados. He first acted in
elective politics in 1994 when he
the post in May 2010 when former Prime
represented the St. Philip South
Minister David Thompson became ill. After
constituency. From 2003 - 2007 he served
Mr. Thompson's untimely death in October
in the Senate but returned to the Lower
2010, Mr. Stuart was sworn in as Prime
House of Parliament when the DLP won the
Minister by former Governor General Sir
2008 general elections. Since 2008, Mr.
Clifford Husbands.
Editor's Note Letters Featured Stories
Stuart has been Attorney General and Minister of Home Affairs, and Deputy Prime Minister.
07
Order of Rorajma
08
Personal Life
In 2016, Stuart was given the insignia of the
An avid reader, thinker and disciplinarian,
Order of Roraima, Guyana’s second highest
he also lists poetry, classical literature and
national award in recognition of his support
history as areas that consume much of the
for the rights of small island and low
spare time he finds. Mr. Stuart is not
coastal developing states, his advocacy for
married and has one daughter, Julienne,
the Caribbean Community’s (CARICOM)
who is a sociology graduate of the
demand for reparations for citizens, and his
University of the West Indies.
The Faculty of Law Cave Hill Campus
50th Anniversary Magazine
Created by the contribution to the reduction of the impact publications committee of climate change in the region.
Facts compiled by Kristen Knight
40
MARCH 2021
The Honourable Mr. Justice Adrian Saunders PRESIDENT OF THE CARIBBEAN COURT OF JUSTICE
05
His words
06
Appointment
In the words of Justice Saunders, the
As Chief Justice, he was the supreme
Caribbean Court of Justice “signals a new
judicial officer of the courts of Anguilla,
and different approach to regionalism.” This
Antigua and Barbuda, the British Virgin
is further deepened by the appointment of
Islands, Dominica, Grenada, Montserrat,
the first Caribbean-educated president.
Saint Kitts and Nevis, Saint Lucia, and Saint
Editor's Note Letters Featured Stories
Vincent and the Grenadines. In 2005, he was appointed as a judge of the Caribbean Court of Justice and stepped down from the ECSC.
07
UNODC
08
Presidency
In April 2018, he was appointed to the
In July 2018, he was sworn in as the third
Advisory Board of the Global Judicial
President of the Caribbean Court of Justice
Integrity Network by the United Nations
by His Excellency, the Most Honourable Sir
Office on Drugs and Crime’s (UNODC)
Patrick Allen, ON, GCMG, CD, KSt.J,
Global Program for the Implementation of
Governor General of Jamaica at the
the Doha Declaration.
Montego Bay Convention Centre, Montego Bay, Jamaica.”
The Faculty of Law Cave Hill Campus
50th Anniversary Magazine
Created by the publications committee
42
MARCH 2021
The Honourable Mr. Justice Adrian Saunders PRESIDENT OF THE CARIBBEAN COURT OF JUSTICE
01
Education
02
From here he sat on the Eastern Caribbean Supreme Court bench. He was appointed a judge in 1996 and became the acting Chief Justice of the ECSC in 2004. In 2005, Justice Saunders was appointed as a judge of the Caribbean Court of Justice, making him the longest-serving judge of the CCJ. Justice Saunders is also a founding member of the Caribbean Association of Judicial Officers.
Justice Saunders is a Vincentian national who has worn many legal hats. After graduating from Cave Hill in 1975, he went on to the Hugh Wooding Law school and was called to the Bar of St. Vincent and the Grenadines in 1977. He began his legal career in private practice in St. Vincent, where he established the firm of Saunders & Huggins.
03
Honouring by UWI In 2018, Justice Adrian Saunders’ connection to UWI was extended. He was honoured by UWI at its graduation ceremony, where he received the honorary doctorate of law. Upon receipt of the honour, justice Saunders stated that UWI has played a role in his success, by providing “a depth of knowledge and a foundation.”
Judicial Career
04
Editor's Note Letters Featured Stories
Bar Call First president of the CCJ to receive full legal training in the Caribbean - graduated from cave hill in 1975 and Hugh Wooding Law School in 1977. He was called to the Bar of St. Vincent and the Grenadines in that same year.
The Faculty of Law Cave Hill Campus
50th Anniversary Magazine
Created by the publications committee
Facts compiled by Olive Stevenson Clarke
41
M E E T
Olive Stevenson Clarke
Kristen Knight
Ricardo Bates Sealy
Editor in Cheif
Senior Editor
Junior Editor
T H E C O M I T E E
Tiwana Martin
Tinarje Moxey
Dylana Alleyne
Junior Editor
Research
Staff Writer
Charissa Mottley
Richelle Hoyte
Research
Staff Writer
43
THE PLAINTIFF WE LOVE LAW
THANK YOU CELEBRATING 50 YEARS.
The publications committee thanks all the persons who have read this magazine. We hope that you have acquired some knowledge from this magazine and you take the stories of your peers and the old scholars that have walked through these doors, and draw inspiration from them. We thank all those persons who participated in bringing this magazine to life.