HOME	AUGUST 28st, 2004

AUGUST 28

Former Opposition Senator Anslem Clouden has expressed concerns with the terms of reference governing the commission of inquiry set up by Governor-General, Sir Daniel Williams to investigate allegations of bribery levelled against Prime Minister Dr. Keith Mitchell on a promotional trip to a number of European countries and Kuwait in June 2000.

Speaking at a press conference last Thursday in St. George's, Clouden labelled the terms of reference of the commission as "redundant, worthless and a white wash."

"I say so with the greatest respect that the Governor General has misconstrued and misconceived the purpose of this inquiry and investigation which is to determine whether Dr. Mitchell has violated the criminal laws of this country....", he said. The Grenadian leader was accused in the Miami-based Offshore alert publication of accepting US$500,000.00 from German national Eric Resteiner for a diplomatic position.

Dr. Mitchell did admit meeting Resteiner in Switzerland but said he had received "approximately US$15, 000.00" to cover the cost of a promotional trip to Europe and Kuwait. According to Clouden based on the Prime Minister's own admission, it is irrelevant whether he accepted $12,000.00, $14,000.00, $15,000.00 or $500,000.00 from a private individual, when he is alleged to be on public business. He questioned whether this is proper given the rules and regulations governing public officers and ministers traveling on state business.

"One of the questions that comes to my mind is this, if the Prime Minster has violated the money laundering laws governing our country and the inquiry were to unearth evidence of criminal wrongdoing can and will that evidence be handed over to the Director of Public Prosecutions (DPP) who in turn will access the evidence before him and if any of our criminal laws is violated bring the necessary criminal charges against Dr. Mitchell", he asked.

According to the lawyer, based on the terms of reference set out for the inquiry by Sir Daniel, it seems to be highly impossible since the terms of reference makes no mention of such but merely speaks about identifying deficiencies (if any) and making recommendations to correct deficiencies. Clouden told reporters that crucial to the investigation is the interviewing of key witnesses such as Eric Rersteiner, Timothy Bass and David Marchant who are in the United States. However, he said that the terms of reference do not speak of extra-territorial jurisdiction and this is a major short-coming of the inquiry.

Clouden also said that he has serious concerns with respect to the appropriate vehicle to conduct the investigation especially where the inquiry is set up under an 1890 Act which gives the Governor General certain powers. "This inquiry is certainly not for the benefit of the public's welfare.

I believe this is reflective in the Governor General's penultimate paragraph when he says it is the wish of my office that the proceedings of this commission will bring quick and fair conclusion to the matters being investigated which has caused much public disquiet and concern", said Clouden. He also took issue with the fact that both the Speaker of the House of Representatives and the President of the Senate have ruled that those matters cannot be raised and discussed by Parliamentarians at Parliament which is the highest and supreme organ of the State.

The former Opposition Senator believes that Dr. Mitchell ought to withdraw his lawsuits before the inquiry takes place in all fairness and raising doubts as to how can a subordinate body (Commission of Inquiry) hear evidence and how will people be encouraged to testify and discuss the issues with impunity when the Parliament is itself muzzled.

He said that Resteiner is in a federal penitentiary in the custody of the United States government and both his former security chief Timothy Bass and David Marchant resides in the US and that all three are key witnesses and the holders of crucial information which can be seen as the pieces needed to solve the puzzle. "I believe that in order for that puzzle to be solved a number of things have to be revisited, starting with a bi-partisan parliamentary committee and the total revision of the terms of reference of the inquiry", he remarked. He further pointed out that the upcoming inquiry is the only avenue open to the public to investigate Dr. Mitchell but there can be other means and ways of conducting another investigation based on proper parliamentary procedures.

He argued that based on such procedures it is not uncommon for Parliament to appoint a judge or another person or committee of persons to conduct a non-statutory ad-hoc inquiry into matters of serious public concern. "Justice is the bulwark of fairness and with all fairness to the Prime Minister and the inquiry, he should step aside if this inquiry is to be seen as being just and in the public interest and his own interest", said Clouden.

About two weeks ago, Dr. Cheltenham, QC, JP and his Secretary former principal of the Anglican High School in Grenada, Glenda Mason-Francis, were sworn-in at the Governor General's residence to serve on the commission.