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Bar: Issues need urgent attention

The Barbados Bar Association (BBA) says the recent case involving a lawyer’s successful lawsuit against the State for malicious prosecution by the police “underscores several critical issues that demand urgent attention”.

President Kaye Williams, in a statement to the Sunday Sun, said that among other things, the case revealed an “abuse of power” by the police and called for an investigation into the conduct of the two officers involved in the matter which occurred over 13 years ago.

“The Barbados Bar Association unequivocally stands in full support of attorney Lani Daisley who has been vindicated and awarded $373 904 in damages and costs against the state in the High Court of Barbados.

Ms Daisley endured a malicious prosecution stemming from what has been determined to be an egregious abuse of power by state actors,” Williams said.

In giving a background to the matter, she stated: “This ordeal began in 2012 when Ms Daisley, while lawfully attempting to represent her client, was physically assaulted, placed in a headlock and forcibly dragged down a flight of stairs, effectively removing her from the premises.

Following this appalling act, the evidence before the court found that two police officers conspired and created baseless charges against her, alleging that she resisted arrest, assaulted police officers and trespassed on the premises. The court found that the two police officers went as far as to fabricate evidence and witness testimony against Ms Daisley. These charges have since been proven by the court as unfounded and she has been fully exonerated.”

Critical issues

Williams said the case underscored several critical issues that demand urgent attention, She listed them as:

Abuse of power: the grave misuse of authority by the Barbados Police Service. “Public trust in the justice system is of paramount importance and such an incident only serves to undermine that trust.”

Challenges attorneys face: “For years, attorneys have complained of threats and obstacles encountered while fulfilling their professional duties.”

Accountability and procedural fairness: “The incident raises significant questions about the accountability mechanisms in place for law enforcement and the adherence to principles of procedural fairness within our justice system. Two police officers have intentionally perjured themselves in a court of law to actively pervert the course of justice.”

Delays in the court system: “The events described occurred as long ago as 2012. It is unconscionable that it has taken a full 12 years to have the case disposed of.”

She stressed that the Barbados Bar Association was deeply committed to protecting the rule of law and uphold the safety and security of Barbadian citizens.

“At the same time, the BBA equally stands in defending the independence of the legal profession and ensuring that all individuals, including attorneys, are treated with dignity and fairness under the law.

Such incidents not only violate the rights of individual attorneys but also threaten the integrity of the justice system as a whole.”

Thorough probe

Williams added: “The BBA calls on the relevant authorities to thoroughly investigate this matter, specifically, the conduct of the two police officers. It is an opportunity to implement meaningful reforms to prevent any recurrence of such a miscarriage and perversion of justice. The Barbados Bar Association will continue to advocate for justice, accountability and the protection of the fundamental rights of all citizens.”

While further acknowledging that Daisley’s vindication was a victory for justice, she said: “But it is also a stark reminder of the work that remains to ensure that those tasked with upholding the law do so with fairness, integrity and respect for the rights of all.” (MB)

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