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Some magistrates abuse power; lack discretion - Wheatley

Commentators have come out in condemnation of what they described as an uneven administration of justice on the part of magistrates when it comes to handing down decisions in child support rulings. Photo: VINO/File
Speaking on the Umoja radio show on October 10, 2013, Natalio Wheatley aka Sowande Uhuru explained that the issue of child support is a society-wide problem that goes beyond simply trying to put persons in jail as it is obvious that some persons are having economic hardships. Photo: VINO
Speaking on the Umoja radio show on October 10, 2013, Natalio Wheatley aka Sowande Uhuru explained that the issue of child support is a society-wide problem that goes beyond simply trying to put persons in jail as it is obvious that some persons are having economic hardships. Photo: VINO
Host, Cromwell Smith aka Edju En Ka declared that it could almost be said that some female magistrates have what can be described as a subconscious or conscious subjective view when it came to the administration of the law. Photo: VINO/File
Host, Cromwell Smith aka Edju En Ka declared that it could almost be said that some female magistrates have what can be described as a subconscious or conscious subjective view when it came to the administration of the law. Photo: VINO/File
The comments were made against the backdrop of a discussion surrounding the pending introduction of legislation in the House of Assembly dubbed the Status of Children Act (2013). Photo: VINO/File
The comments were made against the backdrop of a discussion surrounding the pending introduction of legislation in the House of Assembly dubbed the Status of Children Act (2013). Photo: VINO/File
ROAD TOWN, Tortola, VI – Commentators have come out in condemnation of what they described as an uneven administration of justice on the part of magistrates when it comes to handing down decisions in child support rulings.

The comments were made against the backdrop of a discussion surrounding the pending introduction of legislation in the House of Assembly dubbed the Status of Children Act (2013).

Speaking on the Umoja radio show on October 10, 2013, Natalio Wheatley aka Sowande Uhuru explained that the issue of child support is a society-wide problem that goes beyond simply trying to put persons in jail as it is obvious that some persons are having economic hardships.

“You don’t want to just create a situation where perhaps a woman and a man are not together and the woman might be upset at him for whatever reason and tries to get him locked in jail when she knows that he is going through a difficult economic time,” Wheatley said.

The talk show host related that while he did feel magistrates should have the power to dock the pay of both men and women, some of them abused their powers. “Some of them [magistrates], in my opinion, they abuse their power and they don’t use their discretion well. I’ve had personal experiences with magistrates who said things, in my opinion, that were absolutely obnoxious.”

Wheatley added that there were certain things related in a court room to him by magistrates that were completely insensitive and lacking respect, “so some of the magistrates as well, with the discretion they have, I don’t think they use it well.”

Host, Cromwell Smith aka Edju En Ka declared that it could almost be said that some female magistrates have what can be described as a subconscious or conscious subjective view when it came to the administration of the law.

“A lot of them, from my standpoint, seem biased against men and take decisions that are biased against men…” Wheatley added, “they have preconceived notions.”

Smith said magistrates just don’t care what defence you have or what circumstances you have, “you’re just a bad person because you’re trying to get a fair deal, you want to have fair access to your children and you want to be able to pay a fair share of their support. You don’t want to have to be taken advantage of because you are the man and you are supposed to provide either.”

He called for a level of fairness in the administration of justice that relies on factual information.

19 Responses to “Some magistrates abuse power; lack discretion - Wheatley”

  • qc (11/10/2013, 08:17) Like (2) Dislike (1) Reply
    i must agree here
  • Totally Amused (11/10/2013, 08:55) Like (9) Dislike (2) Reply
    Honestly I don't want to hear that a man cannot take care of his financial obligations when they "caused" a child/children to be born. It is way cheaper to get a condom or an after sex pill than to take care of a child until they reach 18 years old. There are some men who believe that they can go around and impregnate women and then leave these ladies to suffer the financial burden of taking care of these children. What is even more disturbing, is that the Magistrate have to tell a man that he must take care his children, when she was there when both parents were copulating. I will also agree that some women believe that in order to get back at their child/children father, then taking then to court is the answer. Well I would want to believe that the scale of justice is balanced and that the Magistrate will see through all the malice and ill-will and ensure that justice is carried out without bias and prejudice against the men that will face them. This is just my view and I am a MAN.
    • th (11/10/2013, 09:57) Like (5) Dislike (1) Reply
      The man CAUSED the woman to get pregnant? She wasn't a willing mature and responsible party? Give me a break! The woman is just as responsible!
      • ZZZZZZZZZZZZ (11/10/2013, 12:13) Like (2) Dislike (0) Reply
        This is the definition of insanity. Doing the same thing over and over and expecting a different result.
    • @ totally amused (13/10/2013, 08:53) Like (1) Dislike (0) Reply
      UTTER NONSENSE...... women are always blaming men for your insecurities. it wasn't rape, you are both 2 consenting adults and as such you both have a responsibility for the child. the child was not implanted. so stop ur crap!!- there are very honest father out there but some women carry so much pain and hurt with them that all they want to see is the dads behind bars for no reason whtsoever
      • @ UTTER NONSENSE (14/10/2013, 14:28) Like (0) Dislike (0) Reply
        I guess you haven't read my post very well, because you have just repeated the same things I have said, just in a different way with different words, but the end results remains the same. I vividly stated that some women believe that in order to get back at their child/children father, then taking then to court is the answer. Well I would want to believe that the scale of justice is balanced and that the Magistrate will see through all the malice and ill-will and ensure that justice is carried out without bias and prejudice against the men that will face them. So when you said "there but some women carry so much pain and hurt with them that all they want to see is the dads behind bars for no reason whtsoever" we are basically saying the same thing. Just read between the lines before you talk crap and "UTTER NONSENSE" Thanks
  • hey (11/10/2013, 09:06) Like (8) Dislike (1) Reply
    You make them, pay for them!
    • Politics (11/10/2013, 12:31) Like (2) Dislike (1) Reply
      He should come again with a more constructive argument on how we can all help to eradicate this forever disruptive force on our society.
  • Real Thing (11/10/2013, 09:22) Like (0) Dislike (2) Reply

    That's hitting the nail on the head because some don't get a fair trail because maybe of their last names and so on. 

  • big man (11/10/2013, 09:45) Like (5) Dislike (0) Reply
    My youth my opinion is your chating pear trash your responsibility is to provide for those youths you bring forward they did not ask to be hear do what ever it takes to make sure they belly a being fed so I can't digest the father facing economic crisis clean garbage,what ever
  • th (11/10/2013, 10:00) Like (3) Dislike (3) Reply
    Tell the mother clean garbage or whatever too then to make sure baby have food in belly. If the father goes to jail or dies the baby will starve? No! The mother will continue to provide right? Woman have equal responsibility in these days. Some make more money than the man.
  • me (11/10/2013, 10:13) Like (3) Dislike (0) Reply
    This is heart warming as I can attest to this. Some of these magistrates say the darnest things in respect to certain situations between the child/children parents that I myself wish I had the will to give the magistrate a slap or two. They dont know the situation at hand but like to say hurtful things making a mockery in their court because they know if you answer them how you truly feel you can be held in contempt.. These men have money for everything else besides supporting their child/children and to some women they get child support and dont use it to support the child but instead buy clothes and shoes while their child/children hungry. Yes it goes both ways but the money these men pay is pure disrespect some pay as little as $100 or even less as support for a whole month (30 - 31 days). Be real. These men go in the court and tell so much lies about economic harship but they have money to be buying cars, boats, jewelry, travelling every minute etc and going around like they are big ballers but dont want to support their child/children. Only in the BVI these crap happens and the Law dont' mean S&#T cause the Police and Court System have people in them that not doing their job but good to carry news..
  • Yes (11/10/2013, 10:39) Like (0) Dislike (0) Reply
    every body just likes power that all
  • Real Talk (11/10/2013, 10:46) Like (2) Dislike (0) Reply

    What happen to the men who take care of their child/children and the women do nothing? The system is so £%%^ onfair it's not funny.

  • MEHSON! (11/10/2013, 13:54) Like (2) Dislike (0) Reply
    The Police force have officers in there who don't support them children, and they are the ones who coming to arrest you. schuups. Ask the retired one from west why he aint supporting his children. He is just a major disappointment to man.
  • Serious Matter (11/10/2013, 18:52) Like (3) Dislike (0) Reply
    The law should make child support a percentage of a man or woman gross salary, this way no bias can come into play. For example if a man have one child he should pay 10% of his salary ($2,000.00 a month pay $200.00 support a month). If he have 2-3 make it 20% to be devided eveningly, if it is 4-5 30%, create a minimum per child and a maximum, for example no one child can received under $150.00 per month in support and no order can be made beyond $500.00 per month per child, regardless of supporters income.
  • rattie (11/10/2013, 20:30) Like (0) Dislike (0) Reply
    shut month don't catch fly!!
  • No good (14/10/2013, 08:55) Like (1) Dislike (0) Reply
    Well, they think that all men bought before them by women for child support are the same, meaning inconsiderate. I know a guy who showed me a plastic bag of receipts from western union from sending money to his children in Guyana. When he got a new woman, his ex came back from Guyana just to spite him with child support. He then told me the magistrate said she don't want to hear nothing from him or see any receipts. He told me she just asked how much money he makes, then told him how much to pay while disregarding all previous payments. The simple fact is, all men are NOT the same.


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