Law Lines Volume 4 Issue 4

Law LinesVolume 4. Issue 4

2 FEBRUARY 2013 LAW LINES

CreditsEditor-in-Chief:

Dane Elliott-Hamilton

Managing Editor:Sherene Francis

Contributors:Sherene Francis

Jeffrey H. ForemanAlicia NichollsDerval Barzey

Jeniece St. RomainLiam Nabbal

Theominique NottageLitrow HicksonDan McPherson

FEBRUARY 2013 3

What's insideCONTENTS

4Editor's Note

5Law Society President's Message

7The Jessup Experience

10Constitutional Connect

11Exchange Student Spotlight

22Real Views

24CGF Moot Court Competition

26Timeless Beauty

30Poetry Corner

32Photography Corner

FEATURES8Too Many Lawyers?

14The Briefing with The Hon. Kim St. Rose

18Of Life and Love

25An Ode to UWI Cavehill

28UWI Cave Hill Elections 2013


Editor’s Note

Dear Readers,

Welcome back to the Law Faculty for Semester 2!

I’d like to first thank my Publications Committee for the hard work that they have done putting this publication together. We hope that our readers enjoy this issue. We try our best to make sure that the magazine remains current and that our readers find its contents of great interest.

This semester, two major events will take place; Law Week and Guild elections. Law Week is an action packed week, which is coordinated by the Executive of the Law Society, along with the help of the general membership. I encourage you to come out to every event that week, as it will be an unforgettable experience.Guild Elections, which will take place on April 1st , is a major event, which will occur across campus. This is an opportunity for you to elect a new executive. This is why this issue of Law Lines seeks to inform our readers of the various posts avail-able on the Executive. Furthermore, we have a message from the Returning Officer of the Guild of Students, which details the election process. We hope that you find the information useful.Moreover, this event concludes my tenure as Publications Chair and by extension, Editor of Law Lines. Therefore, it be-falls on the succeeding Publications Committee to improve on what has been done in order to enhance the Cave Hill experi-ence. Happy reading!

Sincerely,Dane Elliott-HamiltonEditor-in-Chief

LAW LINES FEBRUARY 2013 5

Law Society President’s Message

Dear Law Family,

Firstly, let me say welcome back to Cave Hill. I trust that your vacation was truly relaxing and well spent.

I also trust that the last semester went well for all of you. In the event that last semester was not what you expected or didn’t go the way you may have planned, it is my hope that you will not give up, but will continue to persevere. Remember the race is not for the swift but he who endures . Therefore, press on, comrades!

Let me say on behalf of the Law Society Executive 2012-13, that we sincerely appreciate your support throughout Semester One. I assure you that Semester Two will be like no other! Law Week 2013 is quickly approaching! Yes, Law Week 2013 is coming!

The theme for Law Week 2013 is “Nulli Secunda”. This is latin for the phrase “Second to None!” I believe that this theme is most fitting, and indeed most appropriate for such an occasion. We are a Faculty second to none! No other Faculty does it like the Law Faculty. Law Week in the past has won the Guild of Student’s BEST WEEK title for many consecutive years and this year will be no different.I urge you keep up to date with the notices concerning LAW WEEK 2013, study the survival guide when you receive it, get ready to display your HOUSE spirit and get ready to participate in the BEST week on the Cave Hill Campus.

We will need your support! The Law Society Executive is ready. Are you ready? Law Week 2013 will indeed be an experience second to none!

Sincerely,Azard Gumbs.President, Law SocietyLaw Representative, Guild of Students

$10.00


The Jessup experience goes be-yond the confines of the English

language and is something that is in-tangible and difficult to explain. This is because it is something that must be experienced personally. But, I will do my best to impart the highlights of our entire Jessup experience, which to say the least was the embodiment of AMAZING.

Firstly, I appreciated the Jessup experience so much more than I think I would’ve had it not been for the difficulty and challenges faced in or-ganizing the trip itself. We were truly blessed with the opportunity to com-pete and this in itself gave our team a lot more heart than we may have had otherwise.

Secondly, I was beyond excited at the chance to interact with other young legal minds of the international community, as an international relations “geek” and an avid proponent of global citizenship. Global citizenship is about examining your existence in relation to an inter-national standard and tailoring your goals to compete on a global level.

The Jessup, as an advocacy compe-tition, is incomparable to any other

international law moot competition, as almost every country of the inter-national community sends their best law students to compete. Therefore, our team had no choice but to have an international standard and be the best - not just on a local, national or regional level, but on a global level as well. Additionally, the Jessup experi-ence reflects the importance of global citizenship.

Our team, in representing The Bahamas, represented a country with a total population the size of some of the student populations of univer-sities in countries that other teams represented. We competed against Ire-land, Spain, China and Russia in the

preliminary rounds. Although we came from a small coun-try with limited expertise in the field of international law, we could not allow that to operate as an excuse. Besides this,

we not only made life-long connections with these teams, but also made last-ing friendships with the teams from Jamaica and Sri Lanka among others.

Thirdly, the Jessup experience went beyond the competition itself and was complemented by the opportunity to visit some of Washington, D.C.’s most popular monuments, with special

reference to the newly built Martin Luther King, Jr. Memorial and the occasion to lunch with His Excellency Ambassador C.A. Smith at the ex-clusive Georgetown Club in historic Georgetown. Finally, the opportunity to compete in the Philip C. Jessup International Law Moot Competition can only be described as a dream come true for me as it served as a personal reinforcement of which ave-nue I would like to take in pursuit of my professional and academic goals. Although I have always wanted to be an attorney-at-law, it wasn’t until my undergraduate studies in internation-al relations that I realized the kind of law that held my interest – inter-national law. International law in The Bahamas is not a popular vein of legal practice. One would find that most Bahamian lawyers prefer to walk the tried and true routes of criminal law, commercial law and civil litiga-tion. There exists a myriad of quotes and sayings about following your passion and doing what you love as a career choice and for me competing in the Jessup was a culmination of the same.

Theominique Nottage is a Final Year Law Student at the College of

The Jessup Experience 2012by Theominique Nottage


Gaining acceptance to a tertiary institution to get oneself accred-

ited may be one of the most thrilling and self-fulfilling experiences one may ever have in life. Undoubtedly, this is no different for the hordes of students who are accepted to study law across the island on a yearly basis.

The Faculty of Law of the University of the West Indies (UWI) is now poised more than ever to produce one of the largest cohorts of gradu-ates ever seen in its history. With specific regard to the now fully established Facul-ty here at Mona, Jamaica, the next two years will pos-sibly evidence the largest number of students trying to enter the Norman Manley Law School. This is further compounded by the fact that Bachelor of Laws Degrees are now being offered by the University of the Technology, the University of London and other United Kingdom based programmes. But where will they go?

Oftentimes we see life through the lenses which are granted to us by public opin-ion; so with trepidation, we are forced to wonder what

effect this will have on the legal profession. Where will the new lawyers go? Is the workforce large enough as it stands to accommodate all of us? The common man can surmise that the laws of supply and demand would op-erate to defeat a sustainable capacity of the profession. On a broader scale, we may well wonder what calibre of attor-neys we will have in the years to come since presumably, the profession will be inun-dated by anyone possessing a Bachelor of Laws degree and an equally valid Legal Educa-tion Certificate! Ask any law student and they will tell you of the fears they hold for the future, especially considering the financial burden we are called to bear.

I dare to challenge us howev-er, to think outside of the box. The legal profession has been with us since time imme-morial, so the fears we hold of the future may very well be unfounded. Chancellor of the UWI, Sir George Alleyne, last year during the opening ceremony of the Faculty of Law building at Mona, opined that these concerns may well be unduly suspicious. And to add fervour to this argument, Professor E. Nigel Harris,

Vice Chancellor for the UWI, noted that the expansion of legal training at UWI came out of a request from the heads of the Caribbean Com-munity in 2005. This is a strong indication that there are not enough attorneys practicing within CARICOM; contrary to popular beliefs. And with CSME, intra-region-al movement of legal services is highly possible.

I too share the belief that the profession is too vast for us to be bewildered by such apprehensions. Instead of worrying about a supposedly diminishing career option, the greatest trepidation at this juncture should be a call for vigilance in relation to the nurturing and maintenance of the integrity of the profes-sion. This was keenly noted by Mrs Jacqueline Samu-els-Brown in her President’s Report in the Jamaican Bar Association Report for the period of 2009-2010.Understandably, the fears held may perchance hold some cause for concern, but at the rate at which the pro-fession is advancing, they seem to be just mere thoughts that occupy our subcon-scious. With technological advancements, we have new-

Too Many Lawyers?by Litrow Hickson


ly emerging areas of law and rapidly developing ones as well – Corporate Governance, Intellectual Property and others. A recent concern for many has been how outdated our legislations seem to be. With more lawyers in the pro-fession, efforts can be fuelled into Parliament delegating the review of legislations that are outdated and not in sync with our current social and technological realities. We need lawyers – practitioners of the law – to do this.

A law degree is also by no chance limited by geograph-ical confines nor is it inextri-cably bound up with the legal profes-sion. A perusal of the Careers section of the Glean-er will make this evident, since from time to time there are various jobs for

which a Law degree may be applicable even though one may not necessarily be asked to do anything law-related.

In closing, I must call all fu-ture lawyers and others with LLBs to a cause of action: Let us remain optimistic for the future. We are not naïve peo-ple, and so all it takes is for us to think outside the box. When we do, our fears may just easily dissipate. With due respect for all opinions, we should at least appreciate the vast capabilities of a Law degree. It will never serve us well as a country and region to be limited when there are

great and varied possibilities in the future.

Litrow Hickson is a 2nd Year Law Student at the Mona Campus.


Did You Know?The Law Society Constitution outlines the roles and responsibilities of the various executive officers of the Society in Section 7. In this issue of Law Lines, let’s take a look at them.

The President of the Law Society represents the society at meetings of the Guild of Students and also of the Academic Affairs Committee. He has general supervisory duties over the entire Society as a whole.

The Vice-President is the chairperson of the Academic Af-fairs Committee (a committee which comprises the various year representatives and the Education and Mooting Chair-person). The Vice - President acts for the President in his or her absence and is responsible for fostering relations between affiliate members.

The Secretary is responsible for recording the minutes, resolutions and motions as are passed by the Executive and general membership. He or she shall be responsible for preparing the agenda for each membership meeting of the Executive and general membership meeting. He also writes all correspondence for the Society and ensures that all correspondence is dealt with promptly and efficiently.

The Treasurer is responsible for the maintenance of records of reciepts and expenditures of the Society. He or she is to prepare updated financial statements for the Executive monthly, and is reponsible for the collection of all monies at all fund raising actiivities of the Society. He or she is also responsible for coordinating the fundraising efforts of the Society.The Publications Committee Chairperson is reponsible for all publications authorised by the Executive including the Student Law Review and Law Lines. The Sports Committee Chairperson coordinates all gam-ing/sporting activities involving the membership of the Society and is reponsible for coordinating the Society’s

Annual Sport’s Day.

The Entertainment Committee Chairperson is responsible for the social and cultural aspects of all undertakings of the Society. He or she is to liaise with the Treasurer in respect of fundraising activities for the Society and also may also work with the Education and Moot Committee Chairperson in order to develop the cultural awareness of law students.

The Constitutional Committee Chairperson is responsible for adjudicating all matters relating to the interpretation of the constitution. He or she shall endeavour to ensure that all members of the Society are aware of pertinent constitutional provisions.

The Education and Moot Committee Chairperson is respon-sible for disseminating information concerning changes in University Regulations. He or she is also reponsible for organising debates, lectures, panel discussions and the mooting competition.

The Public Relations Officer shall keep students informed of general law society business, disseminating information from the Executive and shall also glean from students viable proposalsThe Welfare Officer is primarily reponsible for coordinaing programmes intended to benefit the overall welfare and development of the Society’s members. He or she also oversees the administration of the Needy Students Welfare Fund.The Maintentance Committee Chairperson is responsible for ensuring that equipment and facilities are repaired within a reasonable time and sourcing necessary equip-ment for Law Society Functions.

The Returning Officer is responsible for coordinating the elections of the Society.


Exchange Student Spotlight: Dan McPherson from Canada“Good afternoon ladies and gentlemen, and welcome to Barbados.” And with that, the plane erupted in applause. I had never experienced that before, people cheering simply because they’d arrived at their destination. But then again, I’d never been to Barbados before either.

And so began my 4 months as an exchange student at the Faculty of Law Cave Hill campus. As I write this now from Canada, it’s snowing and -12° Celsius outside. Needless to say, Barbados is starting to feel more and more like something that you remem-ber when waking up from a dream.

Such is not to say, however, that I mind the snow or the cold - quite the opposite as a matter of fact. Home for me these days is the city of Calgary, in the province of Alberta, in western Canada. Calgary is a city of just over a million people, has been called “The Heart of the New West”, and has the simple motto of “onwards”. It is a city filled with industrious, young professionals who take pride in doing things differently from the country’s older siblings Toronto, Vancouver and Montreal. I moved out here for law school just over two years ago now, and within a month, I realized that I never wanted to leave.

Now, in my experience, almost ev-eryone in Barbados seems to have

an aunt or an uncle, or some other relative, who lives in Toronto, but I was shocked by how little people had heard about Calgary or the city’s Faculty of Law. Compared to other Ca-nadian law schools, ours is a smaller faculty- about 105 students in each graduating class. What this means for you, the potential exchange student, is that you will have an easier time getting to know your classmates and your professors. And much like UWI attempts to recruit from all over the Caribbean, the Faculty of Law at the University of Calgary makes it a point to recruit from all across Canada. The end result is that your classmates will be able to offer you perspectives from all of the provinces, and often times the territories as well.

In contrast to the rooster and monkey urban wildlife that you might see on the Cave Hill campus, here you can expect to see arctic hares, whose fur changes colour with the seasons. In winter, they turn stark white to blend in with the snow, before turning all brown for the summer months. Calgary is a relatively cold city, with average temperatures ranging from zero to the minus teens. On the plus side, however, it’s only a 90-minute drive away from the Rocky mountains and the world-famous Banff National Park. Canadians also know that the trick to surviving cold winters is to make them fun by getting outside

and making the most of the snow. So whether it’s skating, snowboarding, snowshoeing, or just going for a walk on a sunny, albeit cold day, there is no shortage of great activities to keep you busy during the winter months.

Another positive aspect of the cold weather is that it makes it much eas-ier to look forward to staying inside and studying come exam time in the winter. I often found it torturous to be studying on my porch while I watched the Jolly Roger and Hobie Cats sailing lazily past Fitts Village below. I can honestly say that I have never had that problem here in Canada.

So if you’re interested in trading in the white sand beaches of Barbados for the white, snowy slopes of Cana-da, you might consider applying for an exchange with the Faculty of Law at the University of Calgary. To my knowledge, no student from the UWI Faculty of Law has capitalized on the opportunity yet, and having lived in both Toronto and Calgary, I am confi-dent that your time here would be well spent and full of great memories. For more information on our Faculty of Law and the University of Calgary in general, you might want to visit www.law.ucalgary.ca. Who knows, maybe you could even start a trend by cheer-ing when the plane first touches down.

Week of

ActivitiesSunday 24th February

Inter-faith Church Service

"Clash of the Avengers"- Sports Day

Monday 25th february

Cocktail

Tuesday 26th february

Mooting Competition Final

Wednesday 27th February

Theatrical play

Thursday 28th february

Talent show

Friday 1st march

Beerly Legal

Saturday 2nd march

Legal Regal


The Briefing withThe Hon. Kim St. Rose

Attorney General Saint Lucia

Can you describe your main responsibilities as Attor-ney-General (AG)?

My main responsibilities are those of the principal legal advisor to the Government. That means that all min-istries and government departments are entitled to seek and be given legal advice from my Chambers. The AG’s Chambers prepares deeds of various kinds on behalf of the Government and vets contracts. We review applica-tions by non-profit organisations to op-erate in Saint Lucia. We sit on boards of many statutory bodies. We appear in Court in civil matters brought by or against the Government. We approve marriage licenses. The Registry of Companies and Intellectual Property falls under the general supervision of our Chambers. The legislative drafting department falls within our Cham-bers, although at the present time, as a matter of convenience, the Minister of Legal Affairs, rather than I, super-vises that department. An important part of our mandate is in monitoring the structures for ensuring compli-ance by various persons and institu-tions with the requirements of the various anti-money laundering and terrorist financing laws. We assist other countries by affording

them legal assistance in the apprehen-sion of fugitives and the extradition of offenders.As Attorney General, I also sit in Cab-inet and in Parliament, although I do not participate in the debates.

What are your major goals as AG?

My goal is to efficiently and effectively perform the role given to me under the Constitution and to facilitate the public in those services we offer to them. I also aim to engender in public servants an understanding of our work so that they, in performing their daily tasks, take heed of best prac-tices, so as to minimize the need for our Chambers to have cause to defend some of the mistakes that are com-monly made by public servants, which result in litigation.

In the region, the role of AG is usually occupied by a po-litical appointee. Given the nature of the role, should this be changed to one of a public service appointment?

I am not sure whether it should or should not. My post is not a political one and I am a public servant. From

time to time it does occur to me that this causes me to perceive issues in a somewhat different light from my politically involved colleagues. Indeed, the basis for a non-political appointee is to obtain impartial advice.

What career opportunities exist in the public sector for lawyers?

There are many posts for legal officers within the public sector. To name a few, there are posts for lawyers of varying levels of experience in both the Attorney General’s Chambers and the Chambers of the Director of Public Prosecutions. The post of Registrar and Deputy Registrar of the Supreme Court, the Registrar and Deputy Reg-istrar of Companies and Intellectual Property and the Registrar of Lands are all legal posts within the public sector; there are also posts for legal officers in various Ministries such as the Ministry of the Public Service, the Ministry of Physical Development, the Inland Revenue Department, the Ministry of Commerce and the Minis-try of External Affairs. In fact, most Ministries would benefit from having a legal officer. The issue which arises though, with legal officers attached to various Ministries, is the issue of my

In early 2012, the Prime Minister of Saint Lucia announced Saint Lucia’s new Attorney General. It would be the first time, which that post would be held as an appointment within the civil service, rather than the customary political appointment. The Hon. Kim St. Rose, a graduate of the Law Faculty at Cave Hill, has considerable experience practicing law for approximately 28 years. She is admitted to the bar in Saint Lucia, Guyana and Jamaica. She was a former State counsel for Guyana and also practiced at the Jamaican firm of Crafton S Miller & Associates. Here’s your scoop!


responsibility and/or supervision of these officers, because, in effect there is little or no communication be-tween the legal officers in the various Ministries and the Attorney General’s Chambers and I do not usually have the opportunity to supervise the work of these legal officers. This is not the best approach because under the Constitution the Attorney General is the State’s principal legal advisor and therefore, anything done or any advice given by these officers is ostensibly on my behalf.Therefore, it is necessary to establish some chain of communication with these officers so that they can legiti-mately advise on my behalf. This is an issue to which some atten-tion will have to be given in the near future.

Are there any benefits to a career at the public Bar in contrast to one in private practice?

Yes, definitely and especially for the younger lawyers in the profession. Being attached to Chambers first and foremost guarantees you a fixed salary, the value of which is not to be underestimated, and which cannot always be anticipated in private prac-tice. While there is much scope for earning at a high level in the private sector of the profession, in effect young lawyers sometimes struggle due to the high cost of maintaining Chambers, purchasing books, in-surance and all the other expenses commonly incurred. New lawyers do not have much to offer in terms of ex-perience. In fact, I venture to offer the view that new lawyers know relatively little. Although the profession may be a bit crowded these days and there is

much competition, which has had the benefit of reducing the cost of legal services, clients would still prefer to retain experienced counsel rather than green lawyers who are only just finding their feet.Being in an office such as the AG’s Chambers or the DPP’s Chambers of-fers a wonderful opportunity of learn-ing by observing senior colleagues in action, therefore benefitting from their experience and assistance. Much legal knowledge is exchanged in Chambers and this free exchange of views is excellent for learning and the developing of legal thinking.Going into private practice prema-turely sometimes has the unfortunate effect of presenting lawyers with the temptation of dabbling in their clients money when the clients do not pay their fees on time or at all and the reality of private practice does not live up to expectations. In my view, going into sole practice early in one’s legal career is a position to be avoided as much as possible. Lawyers should place less emphasis on getting rich quickly and more on understanding the law and being able to offer their clients good service. They will be compensated in equal measure to the efforts invested in the fullness of time.

What are your views on the legal profession in the OECS?

The OECS has many very able legal professionals, equal to any one may find abroad. There are various issues which need to be addressed to improve the profession, but no differently than elsewhere. I think that perhaps from country to country the character of the legal profession differs a bit. For example, in some islands the Bar

Association is very vibrant while in others it is managed by just a few hardy souls, with others showing little interest. In some islands emphasis is placed on continuing legal education while in others it appears that the law-yers are not particularly interested in developing and updating their skills. In some islands lawyers seem to be treated with greater respect and their fees are generally paid, while in others there is a culture of clients trying to escape without paying.A very happy feature from my perspec-tive is the predominance of women in the profession, but this is a wide-spread phenomenon, where women today seem to be more interested in furthering their education than men. From a St. Lucian perspective, the legal posts of DPP, AG, Senior (Chief) Magistrate (and the majority of magis-trates), Registrar and Deputy Regis-trar of Companies, Registrar of Lands and Registrar and Deputy Registrar of the High Court as well as our top legal post, that of the Chief Justice are all occupied by women.

Despite the large number of women who study law and qualify for the Bar, the upper echelons of the legal profes-sion is dominated by men. What accounts for this dis-parity?

I am not sure that I entirely agree. As indicated before the top legal positions in Saint Lucia are occupied by women. The only area in the profession which is yet to be taken over by women is with respect to Her Majesty’s Counsel (Queens Counsel), which honour few women have achieved in the past. However, I am confident that in time, this goal will be achieved.


Your legal career (education-al and professional) spans the Caribbean - Barbados, Trinidad & Tobago, Guyana, St Lucia, and Jamaica. What are the differences and simi-larities in the legal profession among these countries and in the region generally?There are more similarities than differences. Most differences I would attribute to the differences attribut-able to normal cultural differences observed between differing national-ities. In some countries there seems to be a greater collegial relationship between lawyers; in some countries the professional associations are more vibrant, in some it can be observed that lawyers have a greater willingness to associate in firms for the greater benefit of all. But largely, there is little difference.

Your career has also spanned different areas of the law as a public servant in the DPP’s office in Guyana, in the pri-vate Bar in Jamaica, and as a magistrate in St Lucia. What advice would you give to stu-dents about their approach to their careers, especially in light of the increasing num-bers of students studying law?

There is always room at the top. That’s my philosophy. My advice to students would be to always be prepared; always do your homework – that’s the only way to become competent in whatever area you may be practising. Observe other lawyers in Court to learn what to do and what not to do. Ask for assistance. Be

humble and accept assistance when it is given by other colleagues. The Kenny Anthony adminis-tration is on the record as be-ing in favour of the Caribbean Court of Justice as St Lucia’s final court of appeal. What steps are needed to make this happen and has there been any progress in that regard? Steps are being taken. The hurdle right now is the process to be em-ployed or us to accede to the juris-diction of the Court in its appellate jurisdiction. Because of the provisions of our Constitution, some interesting issues have arisen about how the transition from the Privy Council being our final court is to be achieved. Included in the issues to be deter-mined is whether there is an error in St. Lucia’s Constitution, which in part has led to the uncertainty about how accession to the jurisdiction of the CCJ is to be achieved. To this end, I have sought an advisory opinion of the Court by filing an Attorney Gener-al’s Reference, which is a procedure employed whereby we can request of the Court of Appeal a determination on serious issues of law. That mat-ter is pending before the Court. So I would say that we are well on our way as this case demonstrates the firm in-tention of the Government to proceed with that process. But, of course, it is of utmost importance that we go about it in the correct way.

You are on the Eastern Carib-bean Supreme Court roster of mediators. What is the future for mediation in the OECS and is this an area students should contemplate as being

part of their practice as law-yers?

Mediation is alive and well. I think that it has been one of the most signif-icant developments in the practise of the law apart from the advent of the “new” civil procedure rules in gener-al. In these difficult economic times, money is often wasted on litigation of matters that ought never to have been brought to Court. Many times cases are filed simply because there is no proper medium through which the parties can discuss and mediate their issues.

I think that possibly mediation in our courts should take place even before filing suit in order to have maximum efficacy and that it is especially neces-sary in family matters.

I think that students who have recently graduated have mediation or Alternative Dispute Resolution as part of their course. It is important to have this training so as not to bring the normal litigious attitudes into medi-ations, where consensus, negotiation and compromise are more the order of the day.


Do YOU know what you are getting into when you decide to have a relationship with someone? This is a pertinent question, especially in light of the season: Valentine’s Day is here! And while I believe that love should be manifested every day for all to see, this is not the reality. Instead, peo-ple save up money, and even take out loans just to spend on grand gestures of appreci-ation for their loved ones on one day of the year – Febru-ary 14th.

But, what happens for the rest of the year? For some, normal lives are led with the occasional tit-for-tat between mates. And for others? The reality is a bitter one: they are beaten, tortured and oppressed, all in the name of sacrificing for love. They suffer from domestic violence in all forms.

Her eyes watered as she told us her story: She was a single mother of two, twenty-three years old, and she had killed her partner of six years.

He was abusing her, and she just could not take it any-more. So while he hit her for the last time, and she was backed up in the corner with her children crying and watching, she found the strength to grab the af-ro-comb sticking out of her head and stab him with it. It was just convenient that she had been combing her young-est daughter’s hair, and had paused to stick the comb in her own hair when she heard him starting an argument over the uncooked dinner. Lucky for her, it seems, she had it right where she needed it.

When they first met, she was about to leave high school. Yes, he was older by a few years, and of course every-body warned her to be careful and not “throw away” her future. But she was a teen-ager in love. And it was fate that put them together, right? They met on the eve of Valen-tine’s Day. How could this be wrong?

Now, six years later, she could count the many ways – the numerous ‘black-eyes’, the iron burns, the broken bones, the bruises on her body, the tired look on her face, the pain, the silence…

We, the jury of common folk, may judge this faceless, nameless woman for not getting out of her situation before it was too late. But who are we to make such a judg-ment? According to pyschologists she is the typical victim of domestic violence and chanc-es are she really could not get out. This is the reality of many women, regardless of affluence, culture, geography, and educational background. IT CAN HAPPEN TO ANYONE – EVEN YOU.

Research has identified three stages of domestic violence in the ‘cycle of abuse’:

Phase 1: Tension or Build Up This typically involves an increase in verbal and minor physical abuse – increased

OF LiFe And Loveby Sherie Francis


tension, blaming and arguing. Sometimes this is enough to frighten the victim into sub-mission.

Phase 2: Battering Incident During this phase the batter-er loses the desire or ability to control his/her anger and violence. This may be in the form of hitting, slapping, kick-ing, choking, use of objects or weapons, as well as sexu-al and verbal abuse.

Phase 3: Calm or Honeymoon StageThe batterer may deny vio-lence; say he/she was drunk, say sorry and promise that it will never hap-pen again.

And the cycle continues…So while we appreciate ex-pressions of love and happily celebrate Valentine’s Day, let us think of what love does NOT equate to. It. Is. Not. Abuse.

In 2009, a Caribbean Devel-opment Research Services (CADRES) survey found that:“27 percent of Barbadians were aware of at least one separate incident of domestic violence. Of those 2,769 cas-es, 86 percent were cases of

violence perpetrated by men against women, 4 percent were by women against men, and another 4 percent were adults against children, while the remainder was other types of violence.”

Throughout the Common-wealth Caribbean jurispru-

dence, there have been nu-merous efforts by legislators to curb domestic violence. For instance, in Barbados, the Domestic Violence (Pro-tection Orders) Act 1992-4 has been passed to ‘provide for the granting of protection orders in circumstances sur-rounding domestic violence and for related matters’. In effect, it provides for action to be taken against abusers, through various relief meth-ods such as orders of protec-tion from the abuser, as well as fines and/or imprisonment

if the order is not adhered to. One caveat though, is that it does not protect persons in visiting relationships, as well as other things. Primarily for these reasons, persons have been calling for a reform in the law, so as to afford better protection for victims.

How can you stop it? If you, or anyone you know are being abused, please do not hesitate to TELL EV-ERYONE YOU KNOW. Also, you may ask to speak to some-one at UWI Student Services, or you may contact the Bureau of Gender Affairs at 246-310-2103.

Where the law falls short, let common sense prevail: say ‘no’ to domestic vi-olence in any form. As students, we may

not experience it at home, but it may be well present on campus…

Happy Valentine’s Day!

Sherie Francis is a Second Year Law Student.


They say love makes the world go round. And so it is fitting for us to celebrate a day of love, right? So how are you going to celebrate will you be celebrating if you will be celebrating at all? Valentine’s Day is here, and there will be much ‘love on display’. Real Views decided to go back a little, and ask:“What is your most memorable Valentine’s Day Experience?”

Here are some of the responses we got:

“Mine was getting treated to a restaurant in Port Royal (Jamaica), lobster and all. I forgot the name of the restaurant.” – PB

“We exchanged gifts. Mine was wine so I poured it in her navel and drank it. Then we had crazy sex.” –KB

“Well, we were supposed to go out that evening but I was at work and started getting a whole heap of messages from her and she was cussing me for ‘taking her name all over the place’. Poor me! So we broke that night… Months later she texted me apologizing because her “friend” con-fessed to her that she liked me and said that I was taking her name all over the place because she wanted me to break up with the girl.” –JF “Hmmm… I was in Cuba and I had a Guyanese boyfriend and it

was our first V-Day together. He cooked for me, one of his native dishes. And then he gave me a multi-coloured teddy bear (you know traditional colours are red and white) and said that he couldn’t find anything fitting for V-Day in Cuba so he just got me a teddy bear from a Kid’s store, and then gave me a little card that said “Te amo”. And it was perfect!” – YT


“I don’t know. I’m always the one doing things for others on Valentine’s Day. I guess seeing how happy my girlfriend was last year when I gave her her gift.” – AC

“One year in high school, a friend of mine decided to treat all eight of us in our little group – none of us had a boy-friend at that time. She made little red, pink and white heart pins for our collars, with love notes on why she appreciated us as friends, and we wore them for the whole week! I think I still have mine somewhere in my room back home.” – SF

“Wow. I am yet to experience one of my own, but I can tell of one which I helped to pull off for a couple of friends of mine. Two broke UWI students… Their relationship was just starting. The girl worked in the library (Mona) and he was working with a limited budget. So he brought her chocolate, a teddy bear, and a CD of her favourite songs. He went to her supervisor for permission to access some areas of the library that students are not usually allowed to access. He planned a treasure hunt for various gifts, used notes/clues posted all over the library and on some of the stairs and areas she found one of the gifts. It ended with the last gift being the CD, placed in the library basement. She was sur-prised because it was done in the afternoon when the day was almost done, and she thought he had forgotten.”- MM

“I really don’t celebrate it. Never have.” –SM“That’s when he put the ring on it! We went to a Sports Bar and I got a bouquet with a huge teddy bear I call Big Mark-ie, and while watching the tv, it came scrolling across the screen. “You are my wife… [my love, my all]…Will you marry me?” Then he did that knee thingy.” –OP

“When a club at my high school called Interact Club had a Valentine’s Day fundraising project called Twihearts, and we had cupids and singers delivering gifts and songs.” –DC

“One thing I can say outside my relationship is that my dad ensured that we got our Valentine’s Day gift – my sister and I. We always got various things – chocolate, teddy bears… Today I reflect with great appreciation that I didn’t have to resort to a boyfriend for affection or love.” –TC

However YOU choose to spend the next Valentine’s Day, remember that you must demonstrate your love all day, every day! Why wait until February 14?


The CGF Moot Court Competition Begins!By Alicia Nicholls, Education and Moot Chair.

The Clarke Gittens Farmer 2013 has begun! Each year, the Law Society, under the portfolio of its Education and Moot Committee, hosts its annual moot compe-

tition with the kind sponsorship of the prestigious local firm Clarke Gittens Farmer Attorneys at Law. The compe-tition is currently in its 5th year of sponsorship by Clarke Gittens Farmer. This year’s competition promises to be bigger and better than ever. The fact patterns are based on

criminal law (first years), the law of torts (second years) and public international law (third years).

Seven teams en-tered the competi-tion this year: two first years, three

second year teams and two third year teams. The prelim-inary matches for the competition began this Monday, February 11th with the clash of the third years, followed by the battle of two of the second year teams on Tuesday. Teams this year were required to submit two memorials to permit them to switch sides during the competition, allow-ing them a greater opportunity to practise and hone their legal research and oratorical skills and giving each team a fairer shot at winning. So far the matches have been well-attended and received. The win-ners from the pre-liminary round will advance to the finals which will be held on Tuesday February 26th.

This year’s participants are: Andre Sheckleford, Suszan-na Clarke, Rose-Ann Richardson, Carolyn Wright, Daniel Davies, Nicholas Jackman, Amanda Montague, Jakita

Connell, Emily Prentice, Nickoy Ferguson, Danielle Marcano, Andre Staple, Kara-Je Kellman, Malike Kellier, Novia Cot-terel and Stephanie Williams.

The judges comprise lecturers in the Faculty of Law and members of the Barbados Bar Association. In addition to first, second and third year prizes in each year level, par-ticipants also vie for the titles of Best Oralist. Additionally, the team with the highest score in both memorials from each year group will also win a prize for Best Memorial.We invite everyone to come out and support the mooters as they vie for the title of Moot Champions! Results and photographs from each of the matches will be placed in the official group of the Education and Moot Committee.

We wish all participants the best of luck and may the best teams win!

Just something

different...


A Haiku is a short poem which uses language to convey the essence of an experience or some-thing intuitively linked to the human condition. This poetic form has now been used as an ode to the UWI Cavehill Law struggle.

Ode to the UWI Cavehill Law struggle

1.long nights reading and no more social life; all thisfor a law degree

2.I am ready foranother semester nowchallenge accepted

3.I see the sunsetI bid farewell to the nightI spent studying

4.It would be lovelyif the office at UWI would answer the phone

5.How does one endurethe registration processat Cavehill, unknown

6.Class schedules are upwords cannot describe how Ifeel within my soul

7. my stomach grumblesfive minute break during classKiosk? Decisions.

By Jeniece St. Romain (First Year Student)

Some short thoughts on the UWI experience which I internalized then converted to the well-known 5-7-5 syllable lines required for a Haiku. These aren’t meant to be serious, instead, quite the opposite - light-hearted with touches of humor.


MAKEUP MISDEMEANORS

Have elements of your makeup ritual made you a person of interest? Makeup doesn’t come with a manual and we are left to figure out an abyss of tips, techniques and product recommendations. Unfortunately, many are unknowingly committing serious offences. They say admission is the first step to recovery, so let’s review to see if you are in any way guilty of a makeup misdemeanour.

Floating head – Is your foundation a total mismatch with the rest of your body. Very unflattering!Foundation should blend into your skin to appear natural and flawless. When making a purchase, test on your jawline, not your hand. Compare to neck and face as well as the rest of your body’s complexion. Observe in natural light to ensure a good match.

Cake cake cake – Mask-like bases are a thing of the past. Today’s formulas are lightweight and blendable so you really have no excuse for cake like foundation. Use a brush or a sponge to blend the product for a seamless fin-ish. Begin with a small amount, building coverage where needed, as you go along.

Skin neglect – There’s a reason they say love the skin you’re in. When you take good care of your skin it shows, and vice versa. The importance of skin care cannot be stressed enough. Even if you have oily skin, don’t skip moisturizer. Instead, use a light, oil free moisturizer to keep the skin hydrated and prep for makeup application. Going to bed with your makeup on, now that’s a felony!

Brow blues – Maybe you’ve fallen prey to overplucked, overdrawn brows? Or maybe you ignore them completely? What you should be striving for are clean, full, natural looking brows. The services of a professional can help you

achieve a brow shape that compliments your face shape. Never underestimate the power of well groomed brows.

Colour shock – You may feel compelled to match your eyeshadow with that fuchsia pink shirt you’re wearing, but it’s actually more flattering to wear a complementary colour. Consult a colour wheel to determine which colours complement each other. It’s also a good idea to resist the urge to use all the colours in your eyeshadow palette at once.

Sharpie lips – When did it become fashionable to outline your lips with a dark colour? Some even go as far to use black. I won’t try to explain this one. But trust me when I just say it’s in your best interest not to do it. Lip liner should be inconspicuous, blending with your lipstick. Clown antics –Heavily applied blush is not only distracting but makes the wearer look dated. Blush is meant to mimic a youthful glow and blending is key. As with everything else, less is more so apply with a light hand, in good light-ing and stay away from loud, harsh colours that appear unnatural.

Dirty Jenny – Hygiene extends to your makeup kit as well. Clean and sanitize your makeup bag regularly, sham-pooing brushes and puffs with a mild, antibacterial soap. A clean brush or sponge should be used for each application. It’s advised to dispose of mascara three months after open-ing to minimize the risk of an eye infection. Remember all products have a shelf life. So how do you plead?

Derval Barzey Website: www.dervalbarzey.comFacebook page: Derval Barzey | Makeup Artist


During February, amidst the celebration of love, roughly all clubs/societies on campus will begin the electoral process which cul-

minates in a day of voting in March. This year, the Guild’s Electoral Period won’t be short of excite-ment and promise. Annually, a total of 16 students each win one of the elected seats on the Guild Council. Additionally, there are four appointed posts for which interviews are done after the elec-tion which is scheduled for March 14, 2013.For this electoral period, the main focus of Cave Hill’s Electoral Office is to encourage participation in this year’s General Election. Too often, the voter turnout is below 50%.

“We want to encourage students to exercise their constitutional rights and actively determine who sits as the student government at this university”, Marissa Murdock, Guild Returning Officer.

As such a number of initiatives will be geared at increasing the general student interest. These include:

1 Candidates’ Exposition (Scheduled for Feb-ruary 28th)

This will take place all day on the Guild Lawn. All the candidates in the upcoming election will be available to speak to students one on one. Here stu-dents can ask questions and present their issues and evaluate the candidates more carefully.

2 Online Polling (Scheduled to launch on February 25th):

This is the newest feature of the electoral process. A link from the Guild website and Guild page on facebook will be added to allow students to pick who they INTEND to vote for in the election. This will inform candidates (and their supporters) of their current position. Please note that this is NOT the same as online voting. Voting will be done in person on Election Day.

3Candidate Booklet (Scheduled for release on March 4th):

A small booklet will be published which will entail all the details of the voting process/voting rules and which will contain the profiles/manifestos of each candidate. Copies of the booklet should be available on the Halls of Residence and Faculty Offices or from any member of the General Commit-tee of Elections.

4 Minute-to-win-it videos (Scheduled to launch on March 4th):

These are short (one minute videos) of the candi-dates in which they explain why you should vote for them. The aim is for the candidates to be able to sell themselves in one minute. This initiative is not new, however, this year, the goal is to have the videos online earlier in the electoral period.

For those students who are interested in running for any of the elected posts, important dates to note

Elections 2013

UWI GUILD Cavehill Campus


are the following:Feb. 13th 2013: Nomination Period OpensFeb. 14th 2013: Nomination Period ClosesFeb. 15th 2013: Candidate Meeting and Photo SessionFeb. 18th 2013: Campaign Period BeginsFeb 28th 2013: Candidates’ ExpoMar. 5th 2013: Mentorship SessionMar. 11th 2013: Guild DebatesMar. 13th 2013: Campaign Period EndsMar. 14th 2013: Election Day

Nominations Forms will be attached to the email with Notice of the Commencement of the Electoral Period. The Constitution of the Guild of Students will also be attached. It is advised that all candi-dates become well acquainted with this document before sending in their nominations. The Cave Hill Electoral Code will be sent to all candidates. This document details the rules of campaigning among other important guidelines. It is strongly advised that prospective candidates speak with the current guild councillor who holds the post they desire prior to sending in their nomination forms. The benefit of this needs no elaboration. The elected posts are:• President• Vice President• Secretary• Treasurer• Union Committee Chairperson• National Affairs Committee Chairperson• International Affairs Committee Chairper-son• Publications Committee Chairperson• Games Committee Chairperson• Humanities and Education Faculty Repre-sentative*• Law Faculty Representative/Constitutional Committee Chairperson*• Medical Sciences Faculty Representative*• Science and Technology Faculty Representa-

tive*• Social Sciences Faculty Representative*• Frank Worrel Hall Chairperson*• Sherlock Hall Chairperson*

*Only students from that particular group can vote for any candidate running for that post

The appointed posts include:• Public Relations Officer• Part-Time Representative• Librarian• Returning Officer

NB: The Post-Graduate Representative is elected to serve two years in office. These two years will ex-pire in 2014 or if the Councillor resigns. The next scheduled election for this post will be in 2014.For those persons interested in working on Election Day, the application period begins on February 4th and ends on February 6th. The days for the inter-views are February 7th and 8th. Please note that this interview process is very competitive. This year no more than 45 persons will be employed to work on the day. Experience and professionalism will be key factors which will determine who is selected. No election worker should be involved in the cam-paigning activities of any candidate. This will be grounds for immediate removal. Instead all workers are expected to possess a level of unquestionable integrity. A few seminars will be conducted to train all workers efficiently during the electoral period.

Marissa MurdockGuild Returning Officer 2012-2013


Poetry CornerUnderwater

Harsh reality hits me with the ice cold water, displacing my senses and scattering de-fences.

I am under. Vision lost, visions lost; the world but an unrecognisable blur.

Underwater. My lungs, empty, gasping for breaths to sustain me.

Brief lapses into consciousness bring me above the surface. It is only a matter of time before I surrender to the tide.

Off the coast of a lonely island; no man stands alone, no man is an island. I fight my fears as they pull me under, with the ghosts of my past astride me like riders.

Drowning in the deepest ocean, that of my desires; of hopes and dreams, dashed to de-ceit and dismay.

Of lies and torture and hurt and pain; I will go under again and again.

Flailing limbs flap loosely, foolishly fighting inevitable fate. Fighting a losing battle as my head swims; asunder.

The more I care, the more I go under. Despite prior attempts to find respite in the wide open arms of my island’s ocean, I suc-

cumb to the demons of my devotion.Moving pictures run into a blur as the haunting of my soul occurs.

Anchoring me to the sea bed with the undead; swirling memories fill me with lead. A sunken treasure; underwater.

Victoria Greaves


Running – Catch MeRunning, running, running.

Through canefields and dark alleyways; through thorny patches and for the length of high-ways.

Running, running, running.Across the sands and into the water; wading.

Never stopping until I fall off the edge of the horizon into your arms.Catch me, catch me and don’t let me fall; one rock down into the wishing well.

Don’t let me fall; no need to be nursed back to health.Running, running, running.

Away from all the bad and brutal; the awful tragedies and the loves lost and the life never fulfilled and the drink spilled and the accident waiting to happen and a crime scene barred

with glaring neon caution tape.Away from flashing lights and shiny metal bars and enclosed structures and the orange blur and the shame and self-loathing and hatred and the pain and the demons laughing and the

ridicule and the horror and the thoughts of giving it up.Running, away, away from it all. Can you please just catch me when I fall?

Running; into something fresh and new; redemption songs and rain dances and gleeful prances and fresh spring showers and summertime dances and autumn blushes and pastel

winters.Running; through barrels of confidence and intrigue and mystique and the love of fun and

freedom of expression; full of faith in the universe and in you. Running into the unknown; high hopes and headshots.

Catch me.

-Victoria Greaves

Publications Committee 2012 - 2013UWI Law Society / Guild Committee of the Law Representative

Cave Hill CampusUniversity of the West Indies.

Law Lines Volume 4 Issue 4

Documents

Transcript of Law Lines Volume 4 Issue 4