Bar Association Responds to Rawlston Pompey Commentary

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By email: [email protected]

 

Dear Editor,

 

 

I wish, on behalf of the Antigua and Barbuda Bar Council, to briefly respond to a Commentary in your publication dated March 30, 2021 by Mr. Rawlston Pompey. The Commentary is entitled: Lawyer Obtains Piracy Order From Court Of Lunacy.

 

 

The issue surrounds a warrant of arrest issued under the Absconding Debtors Act to arrest a 72 year old female who it is alleged was attempting to abscond or leave the State without paying a debt of $44,495.00 to a creditor for medical services. After being brought before the court the debtor gave security for the alleged debt, the warrant was discharged and the debtor released. The debtor was represented by an attorney-at-law and the end result was a consent order which is a position agreed between the parties.

 

 

We have absolutely no difficulty with Mr. Pompey expressing his opinion on the legal process and facts of the case. We take objection, however, to the skilful, though perceptible attempt by Mr. Pompey to denigrate the Judge by saying she was seemingly not up to, or capable of matching the collective intellect of two smart professionals (the creditor and his lawyer), and that she was a nincompoop to have believed them. We are of the view that this was insulting to the Judge and the Court. So is referring to the Warrant of Arrest as a Piracy Order obtained from a Court of Lunacy, and stating that judicial officers appeared to have paved the way for professional fraudsters to obtain money under false pretence. A member of the public may certainly disagree with the decision of a Judge (there will always be differences of opinion as to the exercise of a Judge’s discretion), but such disagreement should be done in a respectful way that upholds the dignity of the Judge and the Court, and which advances the administration of justice and the rule of law.

 

 

For the benefit of your readers the Absconding Debtors Act, Chapter 3 of the Laws of Antigua and Barbuda makes for a debtor, except a married woman or an infant, to be arrested and brought before the court on an allegation by the creditor that the debtor is about to quit Antigua and Barbuda without paying the debt. The debt has to be more than $200.00 nor can it be owing for more than two years, and a suit must have been commenced in the High Court by the creditor against the debtor for recovery of the debt.

 

 

In the application for the warrant of arrest the creditor must swear an affidavit stating that in his belief the debtor has no defence to the suit. The affidavit shall also show satisfactorily the ground on which the creditor believes, and the date on which, and the place for which the debtor proposes to leave, as far as the same is known to the creditor. The Judge is required to consider the application, affidavit and any supporting evidence attached thereto, and exercise his discretion as to whether to authorize the issuance of the warrant. Once the Judge exercises his discretion honestly after taking into consideration all the circumstances put before him, he would have done all he could be expected to do at that point in the process. When the arrested person is brought before the court other considerations apply as to security for the debt, discharge of the warrant and trial of the matter.

 

 

Any person may avail himself or herself of this procedure as a means of access to justice where the need arises.

 

 

Yours Faithfully,

 

L.W. Johnson

 

President

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34 COMMENTS

  1. I do agree with you Mr. Johnson. We may disagree with a decision of the Courts, but we should never migrate to name calling, degrading and denigrating.

    I do remember several years ago after that confrontation with Singer POPCAAN and the Police, MR. Pompey said that the Police was wrong. But then POPCAAN pleaded guilty.

    On too many occasion i have heard the former Acting police Chief, criticize the system and organisation that he was a part of and headed. Please choose some other activity to do in your spare retirement time than to criticize the system and organisation that allowed you to be able to enjoy such time.

    I tried reading that article by Mr. Pompey, and like most of his articles, i stop reading half way. His writing is very difficult to read. Not difficult to understand, difficult to read. And i am a person with reading as my #1 hobby, with O level and A level passes in English. I have done lots of reading.

    When writing we should be as smooth as possible, that the reader shall read without having to stop or pause to figure out something. Punctuation marks are symbols used to to bring clarity and understanding to the writings. To make it easier to read. Over use and unnecessary use of punctuation Marks complicates things and makes reading seem like.hard work. Mr. Pompey uses much too much of those.

    I even remember one other Commissioner calling Mr. Pompey a wanna be journalist. I sure do wish Mr. Pompey will stay out of the newspapers and off the radio stations. Use your knowledge and experience to privately correct the system, not publicly bring them down.

    • IDIOCY- IGNORANCE AND STUPIDITY- PIPE IT AND SMOKE IT

      Rawlston Pompey is no ‘…Journalist.’

      Not attempting to be one or get attention.

      Will not accept responsibility for lack of knowledge or understanding.

      Has no resources to send anyone to ‘…Night School.’

      Do know where ‘…Ignorance is bliss, it is folly to be wise.’

      Also know that ‘Idiocy’ is as dangerous as ‘…Stupidity.’

      Put these in a ‘…Pipe and Smoke it.’

      Might just feel ‘…Idiotic and Irie.’

      If there is nothing better to contribute to ‘…ANR,’ leave ‘…Rawlston Pompey’ alone.

  2. I did not know that the Antigua Bar Association still exists, where were they when a current member of parliament accused the chief magistrate of corruption? Not a peep was heard. Where were they when another member of parliament accused the DPP of being corrupt? Again not a peep from them.
    They seem very selective what they respond too.

    • Ruler as usual move to the back of the class: “MP Asot Michael has come under fire from the Bar Association for what it describes as “highly irregular” action regarding a civil court case in which Michael is a litigant.

      The MP previously accused Chief Magistrate Joanne Walsh of exceeding her jurisdiction when she issued a bench warrant for his arrest due to his failure to turn up for a court hearing before her.

      He also questioned her impartiality – and apparently threatened her in a WhatsApp message saying he was seeking to have her removed from the bench for “corruption and skullduggery”.

      A statement just released by the Bar Association’s Council says no litigant should – under any circumstances – communicate with a Judge or Magistrate about his or her case by direct private communication… ” see Breaking News: Bar Association demands MP Asot Michael makes public apology to Chief Magistrate
      Sep 24, 2020

      • Tenman Hughes as usual you like to act like a pot spoon dipping your mouth in comments that are not address to you.
        I know you always think you have an online solution but me a ask you leave me at the foot of the cross, na make me your problem.

        • Look man, just admit you are wrong and move on. You made the spurious claim that the Bar Association did not respond, and it is proven that you are wrong.

          Why try to turn it around on Tenman because he pointed out your obvious error (lie?)? This is the classic ad hominem attack, addressing the person instead of focusing on the issue.

  3. @cool ruler you are so correct. I didn’t hear Mr. Johnson when a member of parliament on a radio station as a point of fact accused the DDP of being corrupt..
    Why respond to Pompey. His articles are always a difficult read.

  4. AH HA! PLUCK TEETH: FIAH PULL THEM OUT

    Very defensive.

    Don not hide behind the ‘…Judiciary’ where every opportunity is seized to exploit the inexperience of those appointed as ‘…MASTERS’ to practice to become Judge.

    Please read the Cases;

    (i) ‘…Berenice Freeman v Public Service Commission [BVIHCV: 2008/O383]. and

    (ii) …Wendell Robinson v Police Service Commission et al [ANUHCV: 2018/0202].

    That might be the very reason why a very small minority among the legal fraternity’ have be come as ‘…Crooked as a Cork Screw,’ deceiving and fleecing the innocent.

    Could never say the commentary did not represent the facts, though.

    Would like the Bar Council’ through its President, my esteemed friend
    and practicing attorney, Lenworth Johnson to the ‘colorful description the indomitable Sir Gerald A. Watt KCN, QC attached to his association.

    He/they shall recall these phrases;

    (i) …A useless lot; and

    (ii) …A moribund association.’

    Please, Mr. President, fix or respond to that for the readers.

    Could not say or write a darn thing about comments made by Prime Minister Browne, though.

    Touch ‘dat if yah bad’ (vernacular).

    Likened to ‘…Sir Gerald and PM Browne,’ ‘Rawlston Pompey’ is not perturbed.

    Will do and write that which ‘protects the scrupulous, decent, upright and honest ones;’ and that which exposes the ‘…Crooked and Wicked ones.’

    Read Good and ‘Tawk’ Good, my friend ‘Len.’

  5. I take serious ambridge to an experienced attorney and he bar association for publishing a letter that is sexist.

    An apology is expected immediately.

    There are many female justices so to refer to a judge as he and him is quite sexist and requires retraction.
    “The Judge is required to consider the application, affidavit and any supporting evidence attached thereto, and exercise his discretion as to whether to authorize the issuance of the warrant. Once the Judge exercises his discretion honestly after taking into consideration all the circumstances put before him, he would have done all he could be expected to do at that point in the process”.

    I expect the bar association to do the Honorable thing in this wise Mr Pompey can be corrected, and you can to.

    This has nothing to do with Mr R Pompey.

    • The interpretation Act allows for sexism they will tell you.

      Remember women were basically irrelevant up to recently. Also prob why as he mentioned this Act he is talking about does not apply to married women who are the husband’s property anyway.

      We have a lot of reform to do but we are still guided by first world former colonisers instead of thinking what actually works for us as a small society.

    • All the time I thought bats and cockroaches were different thanks for the enlightenment Duncy

    • @Duncy Bat:Welcome Back,BAT. Do not stay away so long.Come on man.LOL.Personally,I keeping out a that. A fraid the Sedition Act,

    • AH DUNCY BOY

      ‘Lang time nuh hay bout yah.

      Welcome back Duncy.

      No darn ‘Duncy Bat’ notten, though.

      Man, nah dig ah ting.

      Blessed Wednesday-April 7, 2021.

      WARK GOOD.

  6. More words from the Bar association? Yawn. Bore me less.

    Gerald Watt was also dressed down by them for similar. And he told us and them that they were useless. Life went on. They didn’t do anything further after he doubled down.
    Maybe they need to stop gatekeeping, all get thicker skin, and look more into the character of some of their members.

  7. BAR ASSOCIATION: Where is your Bar located? I am feeling thirsty for a drink of something.Perhaps a nice glass of Zinfandel and or a glass of English Harbor Rum.So please give me some directions.Rawlston Pompey,do not back down from that BAR.Let us all just have a drink of something there.

    • MUD-MAN

      Sure it is not the letter between ‘A’ and ‘B’ this darn name should start with?

      There is no fight with the ‘…Bar Association.’

      Know this, ‘Rawlston Pompey’ knows what is;

      (i) ‘…Defamatory;

      (ii) …Libel Laws; and of course, the most dangerous one;

      ‘…CONTEMPT OF COURT.’

      Not crossing over none of them.

      Just letting the ‘Poor man/woman’ know what they are up against, when ‘..Hawks’ tried to ‘dip’ their beaks into their ‘…Boneless Flesh.’

      Be Good-.Ud-Man.

  8. The bar association is the worst association found anywhere in this world. U remain silent on so many issues where the common man wanted clarity on many matters in the past and now u all come talk bout me Pompey dis dat and teddar. I consider u all a bunch of dunce heads . No wonder poor ppl can’t get justice !

    • The irony is I’m sure few persons completed reading Mr. Pompey’s article.

      But in comes the Bar Association pontificating, like anyone wanted to hear from them.

      Read. The. Room.

  9. Wow!!!!! The ghost of the Bar Association liveth. Where was the Bar Association when one of it fellow members took nearly $20,000 from a client family to submit an Appeal on his behalf yet 2 years later she found out he never even filed his finger nails much less a motion on this man’s behalf.

    Oh and it got worst but I won’t go into that, that’s for another time Bar Association. This lady reached out to u Mr. Len and all u did was try to bury this common civilian in paper work full of legal jargon even some of it very colleagues don’t comprehend.

    Where is it’s integrity ? Stop don’t go looking for it now. This is part and pracel as to why John public won’t vote for the CCJ and poor people catching hell in the courts.
    I’m just sorry that there aren’t more Rawlston Pompey’s out here. Because there’s to many of your type in circulation.

    I think I could do with a drink now,but not from your bar. Your protocol is substandard for my taste.

  10. Mr. Pompey, in my view, must be commended for putting his retirement into constructive use.. That is posting commentaries in the online news portal. His knowledge of the law & policing is welcoming, especially to us the people who are ignorant of the law & the operations of the police force…. Of course he is also an individual who is entitled to his own opinion…. However, he needs to understand that although he is now an ordinary citizen, the masses still look up to him as a role model because of the Sr. position he held within the police force….. As a result, Mr Pompey needs to becareful with what he say and do because his actions / behaviour can have a domino effect on us the people…. He should know better!!

    • I don’t even know for sure who Mr. Pompey is or why he is important??? I read his rambling articles, often difficult to get through, and sometimes I agree with him. This time he needs to humble himself and apologize.

      • MOUTH OF FOOLS
        The Scripture is manifested.

        The ‘Mouths of Fools’ utter nothing but ‘…Foolishness.’

        Not ah darn ting to ‘Rawlston Pompey’ who wishes to remain ‘…Ignorant and

        Stupid.’

        Rite an tawk as yah darn like.

        Still glad you put in your ‘two-cents,’ though.

        Next time come ‘wid’ $5.00.’

  11. The whole system is corrupt, in my opinion. A bunch of greedy hawks in robes. If you’ve ever been through the court system, you’d realise its just another big game like politics.

  12. “Mr. Pompey, in my view, must be commended for putting his retirement into constructive use.. ”
    I totally agree. But I would like to see him start writing about the police department by using his inside connection to get credible information. The writing should be from a regular citizen perspective and not from a police/cop perspective. He was a good cop so it should not be and issue for him to expose the department.

    • So once upon a time Mr. Pompey was a cop?? That explains why some people are interested in his opinions in regard to police matters. I see.

  13. I will take Mr Pompey serious when he comes out and makes a sincere apology for the travesty of his actions after the elections of 2004. He knows he greatly wronged the UPP administration with wrong things he did as an officer of the law. I will not find him credible until he does this.

  14. Pompey,a who tell you foo mash dem lickle toe. Dem a one set of girly men inna dat Bar dey.You step pan dem toe with de carn.

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