The Plaintiff Magazine - Issue 06

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

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to

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about

student.

on I

your

extend

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publication,

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best

studies

in

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Remember into

desire. from

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The

this

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year

path

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and

Year

to

As I

hope for

finally help

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habits as

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magazine

successful

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persons

permanent.

person

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students.

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finding

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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

R

E

T

H

R

E

A

S

T

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T

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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.