Black Immigrant Daily News

As of November 18, 2022, Barbados’ homicides hit 40.

On November 10, when the most recent police press conference was held, the number of murders for 2022 stood at 38 with and 29 were firearm-enabled and 18 or 19 matters have been solved.

Following the press conference a man was found dead in his Spring Farm, St Thomas home and foul play was suspected. His death made 39 unnatural deaths and then yesterday, November 18, a 21-year-old man was found dead in Bush Hall Yard Gap, St Michael after an afternoon shooting was reported to police. The gun-related death of Pallu Arthur took the island’s toll to 40.

In comparison to 2021, this year has surpassed the 32 murders recorded in 2021 according the Police Commissioner Richard Boyce. He revealed back in March that in 2021, of the 32 murders committed, 17 were gun-related.

In mid-December 2020, Barbados had recorded some 37 murders. While the number of murders recorded for 2019 was 49 and 28 for 2018.

Barbados’ current murder rate is trending higher than the last four years, with the exception of 2019.

However as it relates to the police’s fight to remove illegal firearms from Barbados streets, the results have drastically improved, more than doubling the previous year’s seizures.

In 2021, Police recovered 36 firearms, while as of November 2022, the Service has seized over 75 firearms to date. The number stood at 75 in September of this year, but Acting Commissioner Erwin Boyce told media on November 10, that a series of stop and searches and executed search warrants have yielded results as well, so that number has increased.

NewsAmericasNow.com

Black Immigrant Daily News

Traffic congestion, believed to be caused by roads being blocked in George Town to accommodate Pirates Fest activities, resulted in delays for members of the public trying to make their way home or for an evening out on Friday.

While the police initially notified the public of the road closures (lasting from 17 to 20 November) by way of a press release published on their website on November 17, 2022, some members of the public are now asking why the police were allowed to close the roads in the first place.

Source of Authority

In order to explain the powers of the police and others to close roads and erect signs, it is useful to look at a number of areas, including the Public Order Act, the Traffic Act and the Roads Act.

Public Order Act

Under the Public Order Act, for example, any person desiring to organise a procession (which includes a public march or procession on a public place) shall, at least three days before such intended procession, make application to the Commissioner of Police for a permit.

Regarding this, the applicant must set out the names and addresses of the organisers of the procession, the proposed point of departure, route and point of termination of the proposed procession, the proposed date and times within which the procession will take place and an estimate of the number of people who are expected to take part.

If the Commissioner of Police grants permission, he may do so with conditions calculated to prevent obstruction of traffic and inconvenience to the public in general (the Commissioner of Police also has the power to re-route any procession if he has reasonable grounds for apprehending that a procession which is taking place may occasion public disorder, obstruct traffic or interfere unduly with the convenience of the public).

Traffic Act

In connection with this activity, the Traffic Act gives the power to the Traffic Management Panel to cause or permit traffic signs to be placed, erected or otherwise marked on or near any road.

The Traffic Act also gives a police constable the power to erect on a road, whether during the day or night a road block or barrier, at which all vehicles shall be required to stop.

Further, the Traffic Act states that where there are any road works, no person may carry out works under, in, over, along or across a road which may affect the normal circulation of traffic on that road, without having first given the Commissioner of Police two days’ notice in writing.

In connection with this, the Commissioner of Police may require a person carrying out works under, in, over, along or across any road to cause those works to be signed and indicated with such traffic signs and signals in such positions as that Commissioner of Police thinks fit.

Roads Act

The concentration of such powers with the Commissioner of Police leaves the National Roads Authority (NRA) with limited authority under the Roads Act to cause traffic to be diverted from any road for the purpose of altering or improving the same.

Since the Pirates Fest activities do not involve the altering or improvement of roadways, the NRA would not have been involved in diverting any traffic.

This position was further confirmed by Edward Howard, managing director of the NRA, who told Loop today that the NRA “had no involvement in the planning of the Pirates Festivities.”

To make matters more interestingly complex, the NRA has no authority to instruct the Commissioner of Police in relation to actions taken by the police in connection with the Pirates Fest activities. This is the case because, under the Cayman constitution, the responsibility for internal security, including the police, lies with the Governor.

Therefore, when it comes to the “simple” task of resolving the situation with public roads being blocked for the Pirates Fest activities, one has to walk a delicate line, always being careful not to overstep the Governor’s powers or reporting lines under the constitution.

NewsAmericasNow.com

Black Immigrant Daily News

NewsAmericasNow.com

Black Immigrant Daily News

NewsAmericasNow.com

Black Immigrant Daily News

News

Minister of Rural Development and Local Government Faris Al-Rawi – File photo

A legal challenge against the Government’s decision to have proclaimed parts of the recently passed Local Government Reform Act that could allow for local government elections to be delayed by a year will go to trial in January.

The date was set by Justice Jacqueline Wilson during a virtual chamber court hearing on Friday.

The lawsuit was filed earlier this week by attorneys for activist Ravi Balgobin-Maharaj, who says as a voter in the Maracas/Santa Margarita electoral district, he is aggrieved by the decision taken by Cabinet and announced recently by Rural Development and Local Government Minister Faris Al-Rawi.

The bill was passed on June 14 with a simple majority in Parliament. The Opposition UNC has called on President Paula-Mae Weekes not to proclaim the legislation, which will extend the terms of current local government representatives and likely delay the election.

The judge did not give the media permission by to cover Friday’s hearing, but Newsday was told she set dates for the filing of submissions and affidavits by December 28, with the hearing of oral submissions on January 9 and 10 at a virtual hearing.

At Friday’s hearing, attorneys for both sides agreed to have the matter heard as a rolled-up hearing, meaning the judge will hear the judicial review application and the substantive lawsuit as one.

Senior Counsel Douglas Mendes told the judge the State was objecting to leave being granted, but since the matter was an urgent one, the rolled-up hearing would be better.

Attorney Jayanti Lutchmedial, who appears for Balgobin-Maharaj, asked for an early hearing – before December 3 – since, she said, beyond that date, there might be people holding office without lawful authority and being paid out of the public purse.

She said it was hoped that a decision would be given before the end of the local government term on December 3.

However, Mendes said he did not think a catastrophe would take place if, beyond December 3, people continued in office, adding also that the outer limit by when the election could be called – without the change to the law – was March 3.

Mendes urged the judge not to sacrifice accuracy for speed.

After hearing submissions by both attorneys, Wilson set the dates for the hearing of Balgobin-Maharaj’s challenge.

Lutchmedial also raised the issue of the injunction which Balgobin-Maharaj has asked for to restrain all councillors and aldermen from holding office beyond December 3.

However, the judge said she may have to grant leave first before she can grant interim orders and that will change the way the matter will progress.

In his lawsuit, Balgobin-Maharaj wants the court’s permission to have the government’s decision reviewed. His lawsuit contends the decision of the Cabinet was unauthorised, contrary to law and an abuse of power to “retrospectively apply an amendment to the law to increase the terms of councillors which ultimately delays the local government elections.”

The activist also wants declarations to put a stop to the alleged government plan to postpone the local election, saying any attempt to delay it by retrospectively applying the amendments to the Municipal Corporations Act would be a fraud committed on the electorate, in bad faith, and would amount to improper use of the legislation.

Balgobin-Maharaj is also asking to court to quash the declaration that local government elections are now due between December 4, 2023, and March 4, 2024, and the decision to extend the term of office of all councillors and aldermen.

It also said it was “inherently wrong” for the Government to amend the law “under the guise of local government reform, only to attempt to apply those amendments implicitly in a piecemeal and retrospective manner to alter the terms of the council which was elected in 2019 under and by virtue of the law that existed at the material time.”

The lawsuit alleged the action of the minister and Cabinet “has given rise to the understandable perception that the Government is abusing its power to avoid and/or delay the local government elections in light of its poor ratings.”

Balgobin-Maharaj is also represented by Anand Ramlogan, SC, Renuka Rambhajan, Robert Abdool-Mitchell, Natasha Bisram and Vishaal Siewsaran.

NewsAmericasNow.com