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Release the AG, Marshall advises PM

Send him packing!

This is the punishment Opposition Member of Parliament Dale Marshall believes Attorney General Adriel Brathwaite should receive for publicly stating his position on the continued detention of Constable Everton Gittens.

“I think the Prime Minister [Freundel Stuart] should do what [former Prime Minister] Owen Arthur might have done if one of his Cabinet ministers had spoken in such a reckless manner, and that is: Owen Arthur would have sent him or her packing,” Marshall told Barbados TODAY this evening.

However, the Opposition parliamentarian said he would not hold his breath because he did not expect Stuart to act.

“I don’t expect any reaction from the Prime Minister. I remind you that there is still a pending matter in the hands of the Royal Barbados Police Force where a sitting Member of Parliament brandished a firearm against me,” he said in reference to an alleged altercation between him and Minister of Agriculture, Food, Fisheries and Water Resource Management Dr David Estwick back in 2010.

Brathwaite yesterday backed calls by the Barbados Police Association for Gittens to be freed on bail, after spending more than a year on remand for murder.

The Attorney General made reference to Andre Lord Evil Jackman, who has been charged with murder but is out on bail, saying it made no sense that other murder accused such as Jackman were out on bail while the police officer remained behind bars.

“If you, for example, can release on bail someone who names himself Lord Evil, I see no reason why you cannot release Constable Gittens on bail,” Brathwaite said.

The comment provoked the ire of Andrew Pilgrim, QC, as well as Jackman’s attorney Arthur Holder, who has already said he would file for dismissal of the charges against his client because Brathwaite’s comments had jeopardized his chances of getting a fair trial.

Now Marshall, a former Attorney General, has joined in the criticism, telling Barbados TODAY he was “personally horrified” that Brathwaite would have made a comment which could so easily be interpreted as an attempt to influence a High Court judge.

“For the Attorney General to offer a view which in essence means that he thinks that the judges who have heard those bail applications ought to have granted bail, is to suggest that he disapproves of the way in which that judge has exercised his or her discretion,” he said.

Marshall explained that under Barbados’ system of governance there was “something called separation of powers which means that the executive or legislative should not get involved in, or try to influence, the manner in which the judiciary functions.

“So when an Attorney General says that he can see no reason why one individual should be granted bail over another, and then one of those individuals has not been granted bail, then he is trespassing on the powers of the judiciary.

“Quite frankly, I hope that the judiciary will ignore completely anything that the Attorney General has to say on this matter because it is not for him or any Attorney General to comment on whether they are dissatisfied with the exercise of the High Court judge.”

The Member of Parliament for St Joseph noted the emotive nature of the issue surrounding bail for people charged with murder, saying there was already enough tension among parties without the Attorney General getting involved in this manner.

He said if Government had concerns about the issue, it should enact the necessary laws to make it clear if, and under what circumstances, bail should be granted.

“What we have really is a Prime Minister who appears to express horror at the fact that a murder accused should get bail, while, on the other hand, we have an Attorney General who says that he [doesn’t] think the judges are exercising their discretion properly. What we are having is a slow, but sure descent into anarchy,” said Marshall, in reference to Stuart’s revelation last month that he was “hit for six” when he found out that people on remand for murder here were being granted bail.

12 Responses to Release the AG, Marshall advises PM

  1. Sheldine Dyall
    Sheldine Dyall July 8, 2016 at 4:29 am

    This man holds the third highest office in Barbados, and too make a statement like this is degrading to the people of Barbados. He should be dismissed Mr Prime Minister.

  2. Earl Christie
    Earl Christie July 8, 2016 at 6:30 am

    All ah wanna is de same. So talk yah talk then drink together and laugh at de foolish ones who tek wanna on.

  3. Brian McDonald July 8, 2016 at 8:02 am

    To the Editor ,
    First I wish to say a thank you for letting me have access to your paper with news from our favourite winter destination , but please on your Facebook edition could you not highlight all the gun and drug offences and use items of a positive nature , of which Barbados has an abundance , our friends think we are mad to want to holiday on such a crime ridden island, this is not how we find Barbados , the island is beautiful the people are beautiful , we have one month between Feb and March in Hole town and now in our 70s we would not consider anywhere else. God bless Barbados .

  4. Donild Trimp July 8, 2016 at 9:04 am

    I do not see anything wrong with asking for fairness in granting bail to Gittens because bail was granted to another murderer going by the name of Lord Evil.

    The problem is that the AG seems not able to verbalize his thoughts in a politically correct way.

    I do not see this as a reason for any action by the PM.

  5. BaJan boy July 8, 2016 at 9:24 am

    @Donald Trimp you should pur the u instead of the I and it would spell illiteracy .. Do you understand the difference between the executive and legislative and the independence de of each one. Politicians should never get involved in the legislative and this makes for a vulgar and surely anarchical situation.
    Do you understand that he as the chief legal officer regrettably has literally decided that by a mere name a man does not deserve bail and surely questions the integrity of the court. Do you know he is the same Attorney General who did not report to the cabinet in which he sits that the courts were giving bail to murderers after 3 years of such happenings. Do you know this is the same PM who was a practicing criminal lawyer only a few years ago who is chairman of the cabinet that didn’t know murderers were getting bail.
    You guys need to understand what the responsibilities of these people that we elect are and hold them to the standard instead of being politically blind. This is exactly why our country continues to slide because of people like you. Elect fools and then continue to support ignorance and low standards and we have to feel and live with these low life people leading our country..

    • Donild Trimp July 8, 2016 at 10:08 am

      Bajan Boy, understand it clearly and I would hazard a guess, a little better than you.

      Did my answer help?

  6. Carson C Cadogan July 8, 2016 at 10:15 am

    He ought to resign and let someone else take the position of AG.

  7. kathy-Ann Clarke July 8, 2016 at 12:36 pm

    Wait, from the time I heard him mention that statement, I say he needs to step down. He probaly tired tho.

  8. Carson C Cadogan July 8, 2016 at 3:43 pm

    I dont think that he can point to 5 positive things that he has done for the Justice System since he became AG.

    He appears to be just biding time.

  9. jrsmith July 8, 2016 at 4:48 pm

    Our Barbados ( Government Ministers) seems not to realize how they stupid backward behaviour is making us a laughing stock across the globe.. our present (Attorney General) seems not to know what is his job description and asking the Priminister to sack him us all recalling the said Priminister making similar stupid comments more than a month ago…

    We have need to vote sending the present government on a trip to mars …

  10. Sunshine Sunny Shine July 9, 2016 at 2:16 am

    I agree with Dale Marshall. Adriel Brathwaite needs to be to removed, but you, Dale Marshall, was just a little better than the current AG. Be that as it may, remember that this entire DLP administration is notorious for speaking out of context and uttering nonsenses that make them look like complete nuisances. How can you sack him without considering the others? His words are no worse than the nonsense we have heard from other government ministers in the DLP administration.

  11. BoboTheClown July 9, 2016 at 11:31 am

    If This AG was in the USA his ass would be in a sling for making such a selfish and infuriating remark. Why doesn’t he do the job he been given rather than try to influence others for his i assume self gratitude?If this is the best we could do for an AG ,Alas we are in big big trouble. His statement is liken to a Donald Trump’s quote. The people in Barbados should be troubled deeply when the AG suggest that an accused murderer be released because he thinks so. He probably wouldn’t have make any such suggestion if this murderer had killed his father or son ,or brother.
    Mr. Prime minister if you have the guts, re place this man immediately with some one that is sensible.


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