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| JUNE
5th, 2004 |
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| Grenada's 30th Anniv. of Independence "recognising our worth, celebrating our achievements, exploring new frontiers" | |||||||||||||||||||
JUNE 05 |
CLOUDEN: DR. MITCHELL IS PLAYING FOR TIME |
OTHER
STORIES |
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Clouden, a leading defense lawyer in Grenada, was speaking to the local media at a press conference called to discuss threats made by Dr. Mitchell to file lawsuits against a number of persons and organisations. The Grenadian leader has filed law suits in the local courtsagainst Cable and Wireless, the Miami-based Off-shore Alert and its publisher David Marchant. According to Clouden, the move by Dr. Mitchell to institute a series of legal battles against other local and international communications network are nothing but frivolous, vexatious and design to mislead the public at large sincethe Prime Minister "is playing for time". He said the time has come for the Grenadian leader to cease bringing all these frivolous lawsuits based on the advice he is getting from "certain Jamaican sources". The local attorney stated that he suspects that Mitchell's legal team is compromised of the same group of lawyers who lost the 17 million E.C dollar Dipcon matter at the British Privy Council and that he ought to be careful with them. Clouden pointed out that Dr. Mitchell's own admission in a national address that he received "approximately US$15,000.00" from former German diplomat Eric Restenier in June 2000 and the comments made in the Offshore article about $500, 000.00 clearly warranted discussions in the country. He said that research will show that prior to 1999, Resteiner was indicted and convicted in Boston, USA after being under surveillance by US law enforcement officials. This, he said is a clear indication that Resteiner was a shady character. "Now it is an undisputed fact that the Prime Minister having acknowledge publicly that he had received monies or had dealings with Resteiner, leaves him no room to take these frivolous lawsuits against those who made certain utterances as fair commentary", he remarked. Clouden noted that the British Privy Council, pointed out in the George Worme criminal libel matter that politicians must be prepared to accept a certain amount of criticisms by virtue of the office they hold. As such, he said that politicians should not be going around suing everyone that criticizes them or discuss issues that arise as a result of their own conduct in office. "The Prime Minister must bear in mind that these issues arise as a result of his conduct and therefore the population at large are entitled to comment on it and he having addressed the media on it leaves room for commentary", he added. The former Opposition Senator said that Grenadians must ask the Grenadian leader whether or not the taxpayers of this country will foot the bill for the many "frivolous lawsuits" the Prime Minister has initiated or whether he is paying it out of his own pocket. "This is very important and we have a right to know if the Dr. Mitchell or the Grenadian taxpayers will have to pay again as was the case with Dipcon", he remarked. "All of these talk about (him) suing David Marchant and Offshore Alert is utter nonsense since Marchant and Offshore Alert must be sued in the United states" , he said. "As an international lawyer I take issue with this suit originating in Grenada and I wish to warn that these guys will apply for a change of venue and forum which is the governing principle known as forum domicilii where the forum or court of domicile; the domicile of a defendant, considered as a place of jurisdiction", he added. Clouden voiced support for the calls issued by the main opposition National Democratic Congress (NDC) for Dr. Mitchell to step aside and allow for a full scale investigation into the allegations made against him in the Offshore Alert publication. He suggested that the probe be undertaken by respected agencies such as the Royal Canadian Mounted Police (RCMP), Scotland Yard, and the Federal Bureau of Investigation the (FBI) of the United States. Clouden said an independent investigation body is needed at this time since Dr. Mitchell has said one thing which still leaves questions and Mr. Merchant has reported another now the big question is who are we to believe. The
lawyer also condemned the current attack on the media by the Mitchell
government, saying that it must be remembered that the media is the last
bastion of a free and democratic society. Clouden said that the media
must be respected and be allowed to broadcast the news and make fair commentary
on matters of national importance without intimidation. |
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