Black Hair Media Forum Homepage
BHM BHM BHM
Forum Home Forum Home > Lets Talk > Talk, Talk, and More Talk
  New Posts New Posts RSS Feed - Finger Raped in Barbados UPDATE- The Judgment
  FAQ FAQ  Forum Search   Register Register  Login Login
Perfect Hair Collection
 

Finger Raped in Barbados UPDATE- The Judgment

 
 Post Reply Post Reply




The Best Human Hair Available with No Service Match

Author
Diane (35) View Drop Down
Elite Member
Elite Member
Avatar

Joined: Sep 16 2006
Location: Jamrock
Status: Offline
Points: 40005
Post Options Post Options   Thanks (0) Thanks(0)   Quote Diane (35) Quote  Post ReplyReply Direct Link To This Post Topic: Finger Raped in Barbados UPDATE- The Judgment
    Posted: Oct 05 2013 at 12:30pm
Shanique Myrie elated at CCJ ruling
Changes to impact CARICOM nationals

Livern Barrett, Gleaner Writer

THE LANDMARK ruling by the Caribbean Court of Justice (CCJ) in the Shanique Myrie case could mean sweeping changes to the way Caribbean Community (CARICOM) nationals are treated while travelling throughout the region.

In its judgment handed down in Port-of-Spain, Trinidad, and streamed live in the Supreme Court in downtown Kingston yesterday, the CCJ outlined the benchmark treatment that CARICOM nationals should enjoy while moving across the region.

Myrie, who reported that she was subjected to a painful and humiliating body-cavity search in unsanitary conditions at the Grantley Adams International Airport in Barbados two years ago, was awarded BD$77,240 (J$4,007,983) in pecuniary and non-pecuniary damages.

"[With regard to] the body-cavity search to which she said she was subjected and the circumstances under which this cavity search allegedly took place, it was Miss Myrie on whom the burden of proof rested to prove these facts. And after examining all the oral and written evidence presented, the court found that she had properly discharged this burden," the CCJ found.

MESSAGE FOR JAMAICA

After the verdict, Myrie, surrounded by her attorneys and family members, said she was happy with the outcome.

"I want to tell Jamaica, always speak up for your rights … . Speak up about your rights and you will get justice," she told reporters.

"It's not about the money, it's about equal rights and justice," she insisted.

The six-member panel noted the 2007 decision of the CARICOM heads of government to allow member states to limit the free movement of persons considered "undesirables" or likely to become "a charge on the public purse", but made it clear "this entitlement must be construed as an exception to the right of entry".

"Consequently, the scope of the refusal and the grounds on which it should be based must be interpreted narrowly and strictly, and the burden of proof must rest on the member state that seeks to invoke either ground," the court found.

"The concept of undesirability must be concerned with the protection of public morals, the maintenance of public order and safety, and the protection of life and health," it added.

"The visiting national must present a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society. The threat posed should, at the very least, be one to do something prohibited by national law," the CCJ said.

The six-member panel also ruled that where a CARICOM national is refused entry into a member state on a legitimate ground, that individual should be given the opportunity to consult an attorney or a consular official from their own country or to contact a family member.

"In this context, this principle requires member states to give, promptly and in writing, reasons for refusing entry to a Community national," the CCJ declared.

"The receiving state is also obliged to inform the refused Community national of his or her right to challenge the decision," it continued.

As a result, the judges said they expect Barbados to interpret and apply its domestic laws liberally so as to harmonise them with CARICOM or, if this is not possible, to alter them.

livern.barrett@gleanerjm.com

Back to Top
Sponsored Links


Back to Top
Diane (35) View Drop Down
Elite Member
Elite Member
Avatar

Joined: Sep 16 2006
Location: Jamrock
Status: Offline
Points: 40005
Post Options Post Options   Thanks (0) Thanks(0)   Quote Diane (35) Quote  Post ReplyReply Direct Link To This Post Posted: Oct 05 2013 at 12:32pm
NEWS

VIDEO: Landmark ruling

Attorney says Shanique Myrie judgement significant for Caricom travel

BY KARYL WALKER Editor — Crime/Court Desk walkerk @jamaicaobserver.com

Saturday, October 05, 2013



Read more: http://www.jamaicaobserver.com/news/Landmark-ruling#ixzz2grzMe5GZ

KATHY-ANN Brown, the lawyer representing the Jamaican Government in the Shanique Myrie case, has hailed yesterday’s ruling of the Caribbean Court of Justice (CCJ) as significant for every Jamaican travelling throughout the Caricom region.

The court held that where a Caricom national is refused entry into a member state, that national should be given the opportunity to consult an attorney or a consular official of his or her country, or to contact a family member.


The court also ruled that member states should give, promptly and in writing, reasons for refusing entry. The receiving state is also obliged to inform the refused national of his or her right to challenge the decision.

Brown hailed the judgement — which was handed down via video conference — as historic, and said border officials in Caricom member states will have to ensure that they adhere to the tenets of the Revised Treaty of Chaguaramas when handling visitors who arrive at their ports of entry.

“It is important to every single Jamaican that the court has ruled on the right to access. The fact every single Jamaican has now been told that they can object to being denied the right of entry, I think is going to be positive for all of us,” Brown told the Jamaica Observer.

The court ruled that Barbados should pay damages amounting to BDS$77,240 (J$3,862,000) to Myrie for a serious breach of her right of entry into that country.

“In all the circumstances, the court made a declaration that Barbados had breached Ms Myrie’s right to enter Barbados. The court ordered Barbados to compensate Ms Myrie in pecuniary damages in the sum of BD$2,240 and non-pecuniary damages to the tune of BD$75,000.

The court also ordered Barbados to pay Ms Myrie’s reasonable costs,” the executive summary of the ruling stated.

In addition, the court ordered that ‘Barbados interpret and apply its domestic laws liberally so as to harmonise them with Caricom law or, if not, alter them.’

Myrie, whose story was broken by the Jamaica Observer days after the March 14, 2011 incident, was ecstatic after yesterday’s ruling as she basked in the support of her husband, mother, sisters and cousins, who had accompanied her to the Supreme Court in downtown Kingston.

“I am proud of me. It is not about the money, but the principle. I will never go back to Barbados, but I won’t discourage anyone from going there because it’s not the people, but the airport that needs cleaning up,” she said.

However, the court dismissed claims by Myrie and the Jamaican Government, which acted as intervener, that she was discriminated against on the grounds of her nationality.

Myrie claimed for damages after she complained of being subjected to a dehumanising cavity probe, locked up in a filthy cell, and being deported the following day despite not being in contravention of any law.

The incident happened at the Grantley Adams International Airport on March 14, 2011.

Addressing the Senate yesterday, Jamaica’s minister of foreign affairs and foreign trade, A J Nicholson, shared the view that the ruling was not only important for Myrie and other Jamaicans, “but for the entire Caricom”.

“[It] has far-reaching implications for the implementation of the Caricom Single Market and Economy regime,” he said, making particular reference to the provisions for the freedom of movement of Caricom nationals as well as the flow of goods across borders in the bloc of countries.



Read more: http://www.jamaicaobserver.com/news/Landmark-ruling#ixzz2grzXizhg
Back to Top
Diane (35) View Drop Down
Elite Member
Elite Member
Avatar

Joined: Sep 16 2006
Location: Jamrock
Status: Offline
Points: 40005
Post Options Post Options   Thanks (0) Thanks(0)   Quote Diane (35) Quote  Post ReplyReply Direct Link To This Post Posted: Oct 05 2013 at 12:41pm
http://forum.blackhairmedia.com/fingerraped-in-barbados_topic304596_page1.html
The original thread started by WF

I see the court not wanting to admit that she was discriminated against b/c she was Jamaican LOLZ, don't wanna set any new precendent. Bajans do not like Jamaicans and Guyanese (not all but some) every jack man knows that. Too many stories of bad treatment to beleive otherwise, esp.  from the law students. 

Jamaicans make a significant contribution to the Bajan economy and they spit in our faces. If we stop doing CXC where would CXC be (we send more candidates up than for all the other islands combine)? We stop going to law school in Barbados and UWI done there salty as hell, Principal STEEL not talking to Principals, tutors moving to Jamaica, the loss of money to the institution from the law programme may have contributed to Tertiary education not being free anymore or better yet in the near future.

eff BIM. (dodges Cockspur bottle)


Back to Top
NARSAddict View Drop Down
Elite Member
Elite Member
Avatar

Joined: Nov 20 2009
Status: Offline
Points: 31142
Post Options Post Options   Thanks (0) Thanks(0)   Quote NARSAddict Quote  Post ReplyReply Direct Link To This Post Posted: Oct 05 2013 at 1:06pm
Why don't they like the Jamaicans and Guyanese? 
Back to Top
Diane (35) View Drop Down
Elite Member
Elite Member
Avatar

Joined: Sep 16 2006
Location: Jamrock
Status: Offline
Points: 40005
Post Options Post Options   Thanks (0) Thanks(0)   Quote Diane (35) Quote  Post ReplyReply Direct Link To This Post Posted: Oct 05 2013 at 6:40pm
Nars, negro elitism. honestly i dont know, we would have to ask a Bajan that

I saw Shanique Myrie's lawyer today in the supermarket.
Back to Top
Princess_S View Drop Down
Elite Member
Elite Member
Avatar

Joined: Feb 14 2010
Location: Magic Carpet
Status: Offline
Points: 43976
Post Options Post Options   Thanks (0) Thanks(0)   Quote Princess_S Quote  Post ReplyReply Direct Link To This Post Posted: Oct 05 2013 at 6:57pm

Jamaicans honestly have a bad rap through out the caribbean. People in the smaller islands always hear about the massive amount of crime that happens there and it has given the entie island a bad rap. But the smaller island fail to realise that Jamaica is much bigger than their islands so  ofcourse the crime rate is way more per capita.

 
Now idk why they dont like Guyanese.
Back to Top
Princess_S View Drop Down
Elite Member
Elite Member
Avatar

Joined: Feb 14 2010
Location: Magic Carpet
Status: Offline
Points: 43976
Post Options Post Options   Thanks (0) Thanks(0)   Quote Princess_S Quote  Post ReplyReply Direct Link To This Post Posted: Oct 05 2013 at 6:57pm
its always Jamaaican and haitians they dont like

Edited by Princess_S - Oct 05 2013 at 6:58pm
Back to Top
Diane (35) View Drop Down
Elite Member
Elite Member
Avatar

Joined: Sep 16 2006
Location: Jamrock
Status: Offline
Points: 40005
Post Options Post Options   Thanks (0) Thanks(0)   Quote Diane (35) Quote  Post ReplyReply Direct Link To This Post Posted: Oct 05 2013 at 7:04pm
Where's Derri? From what ltd knowledge i have - The Bajans used to go to Guyana but when Guyana econ. went down the Guyanese headed to Barbados and the Bajans never liked that at all, among other things of course see below

Jamaicans also migrate a lot and  you know being an immigrant = second class citizen. Plus the idea of taking jobs, oppurtunities, doing better than locals and yes men plus stereotyping, believing what they "hear" and "see" in the media leads to discrimination.

The thing is Jamaicans welcome everybody for the most part.
Back to Top
Get Longer Healthier Faster Growing Hair
House of CB London
Get Healthier Stronger Longer Hair
The Elite Hair Care Sorority
Electric Cherry Hair
Hair Extensions Wefted Hair Wigs and More
Human Hair Wigs
Wefting Training
Dependable Quality Hair
Switch Up your Look with a protective Style
 Post Reply Post Reply
  Share Topic   

Forum Jump Forum Permissions View Drop Down