LAW AND POLITICS BY LLOYD NOEL
I vividly recall, during my years in England working my way to get into Law School, to achieve my boyhood dreams of becoming a Lawyer - the British Prime Minister at the time, Harold McMillan returning home from a trip to Africa and announcing to Parliament ... “that the wind of change was blowing in Africa”.
Those were the days when the African Colonies were clamouring for Independence, to take their places in the Commonwealth of Nations among the very few States that then held that title, and the British Government was ready and willing to let loose the political strings that tied up the Colonies worldwide.
And even when the Government was not so ready to let go, as in the case of Rhodesia, Ian Smith and his White minority in that country, took it upon themselves to declare “Unilateral Declaration of Independence (UDI)”, - and broke away from England.
Those days provided a lot of food for thought, in the field of politics (including Marxism) and particularly International Relations among diverse States.
The period and the slogan came back to mind, as I reflected on the happenings at home and in the region recently. And those include the recent changes brought about by the Mid-term Elections in the U.S.A.; the Privy Council decision in Chief Justice Sharma’s Criminal Case in Trinidad and Tobago; the release of Three of the “Richmond Hill 17" from Prison last week
Saturday; the disclosures surrounding our Oil and Gas Offshore resources, and the allegations implicating our Deputy Prime Minister, in corruption charges and a Lawsuit; and the continued squandering of the peoples already scarce funds, in hopeless and scandalous Law Suits, like the “Wildman for Attorney General against the JLSC, and the Government witch-hunt against M.P, Peter David”.
The changes in the U.S. political structure, brought about by the election results, do have serious implications for our CARICOM Region - and I sincerely hope our Leaders are striking the iron while it is “red hot”, to get some policy changes, particularly in the fragile field of Tourism and all it entails for our people.
The Privy Council decision in Chief Justice Sharma’s Case in Trinidad and Tobago, in my humble opinion, left wide open the ongoing contention surrounding the issues of political interference, and the independence of the Judiciary.
And those issues concern the entire region, and not just Trinidad and Tobago, when we think about the “Caribbean Court of Justice (CCJ)”, already sitting at its Headquarters in Port of Spain.
As the vast experiences of those Law Lords in far away London are famous for - they say it as they see it, because they are truly independent; but they also use very diplomatic language, and even more subtle phrases in their Written Judgments to get their message home. This Judgment was no different.
The Five Law Lords agreed, that Judicial Review to block a Criminal prosecution is a very rare remedy.
They held that the same issues raised in the Application for Judicial Review, can more properly be canvassed in the Criminal Trial - where all the issues from both sides (Prosecution and Defence) will be before the Court.
There was an unusual departure in the Judgment, however, in that Two Judges wrote one opinion, and the other Three wrote another opinion. And although they all agreed, that Judicial Review process was not the way to go against a Criminal prosecution - they nevertheless made different Statements
about the case as a whole; and the majority, while criticizing the single Judge who gave Chief Justice Sharma leave to go by way of Judicial Review, they also said ... “But we are also unable to agree with the Court of Appeal’s evaluation of the evidential position. There are some features of the case which are to our mind troubling both individually and collectively. The place for their consideration is however in any Criminal proceedings that may now be pursued”.
Of general importance to all our Caribbean States, and more so to us in Grenada at this time - were the words of the Minority Two Judges, viz: “The rule of Law requires that, subject to any immunity or exemption provided by Law, the Criminal Law of the land should apply to all alike ... The maintenance of public confidence in the administration of Justice requires that it be, and be seen to be, even-handed”.
If only those in control and have authority over our Tri-Island State affairs, and their advisers, could see and understand and accept those words of wisdom above - a whole lot of wasted financial resources and valuable human time, could be saved and put to much better use.
Then we had the release of Three of the “Richmond Hill 17" - Joseph, Mitchell and Richardson - after having paid their price to society for the offences committed at Fort Rupert on October 19th, 1983. They were in Prison for Twenty-three (23) callender years, with Twenty of those years being the
Prison sentence of two-thirds of the Thirty years they were given for the Manslaughter Offences.
The other Fourteen (14), including Phyllis Coard who is on compassionate leave for Medical attention in Jamaica - will know their fate when the Privy Council delivers its Judgment from London anytime from now.
The matter was due to be heard on the 1th, 12th and 13th December at our Final Court of Appeal in England.
The opportunity for those cases to be reviewed by an impartial and independent body was long overdue, and now we have to wait on the outcome and the way ahead.
I do hope the Three already back in Society will pick up the pieces and move on with their lives.
Like those still in Prison, they have all more than paid the price enacted against them for whatever they did; and as it is, in this uncertain and grossly distorted justice system we live under, while some who are truly ignorant of the real facts, and others who know the facts but pretend to ignore them for misguided personal reasons - go about making purely emotional statements to gain public sympathy, and many others who were just as culpable for their actions over the years, they not only remain in freedom street, but continue to enjoy the spoils of high office and parade as champions of the people. What hypocrisy!!
But one solution remains unbreakable - the longest day will always come to an end. And He, who sits in Judgment above us all, never forgets, like we mortals do.
The matters surrounding our Gas and Oil resources, and the Cases pending against the Government and our Deputy Prime Minister Gregory Bowen, remain quietly in the background since after the public denials by the Minister.
But now we are learning from Mr. Reynold Benjamin, who was the person initially questioning the scenario surrounding the Government and RSM and the Russians, over our Gas and Oil resources - that there may very well be much more to the National Stadium “Free Grant” to the Government, because
the very Chinese National Oil exploration Company, also have a major share holding in the same Grynberg 1996 Agreement with Government.
Never a dull moment in the Spice Isles; and like the old folks saying - whatever is done in the dark that is not right, will one day come to light.
And in the same context of things having been done in the dark, later coming to light, we recently got some more Breaking News about the Eric Resteiner Brief Case with the $500,000.00 U.S., allegedly handed to the Prime Minister in June, 2000, as payment for a diplomatic appointment.
There was always the statement, that the incident was Video taped by Resteiner’s Security Chief, Timothy Bass, and it was in existence.
Well, according to “Offshore Alert” - the Newsletter that specialises in International Financial dealings and their impact on economies worldwide - the Videotape has now surfaced in plea bargaining by Eric Resteiner, in an attempt to get a lesser sentence for the Seven Counts of Fraud Charges he has pleaded guilty to in the U.S.A.
But what is more interesting, according to the “Offshore Alert”
Newsletter of November, 30th 2006, is that ... “Grenada authority have turned down the offer of a Video tape showing their Prime Minister receiving a $500,000.00 Cash “Bribe” from investment fraudster Eric Resteiner, Offshore Alert can reveal”.
And the article goes on to say, that the offer has not been accepted, because a formal request for assistance has to be
made to the U.S. Authorities, and no such request has been made for over a year now.
And according to John Amabile, Resteiner’s Attorney, the reason for no request is because the person who will be incriminated by the evidence, viz. the Prime Minister, he would have to approve such a request.
From the details in that article it seems the One-man Commissioner, Dr. Richard Cheltenham, has confirmed key parts of the Attorney’s account of what has been happening in connection with that Videotape for over a year.
The question hanging in mid-air is, where do we go from here? And now there are two allegations in the pipeline, and they involve or concern the two highest officials in the political structure, the Prime Minister and his deputy.
And while all this melee flying about, with figures of huge sums that never reaches the people’s Treasury - the powers-that-be continue to squander the few dollars that are in the Treasury from our struggling masses, on Court Cases that are making the very people poorer, and poorer.
Now the latest scandal in the money market, is that One Million Eastern Caribbean Dollars were paid out last week to the Q.C. from England who came here for one day’s hearing, to represent Mr. Hugh Wildman in his battle with the JLSC to be appointed Attorney General of Grenada.
There was also Mr. Ramesh Maharaj - S.C. on the same Case, and he too does not come from Trinidad and Tobago cheaply.
Then in the Peter David saga, another Q.C. from Jamaica, Mr. Henriques, was here to lead Mr. Hugh Wildman in that “Commonwealth Citizenship” fiasco - and there again another $5000.00 was added to Legal costs to Peter David, that the Government has to pay; because the “so-brilliant” Wildman did not do his homework, and instead directed the Crown Counsel in the Attorney General’s Office to make a legal fool of himself - that incurred the wrath of the President of the Court.
And poor Grenadians continue to get poorer, with no visible sign on the financial horizon that the festive season will bring them any relief.
Their only hope, is that the Wind of Change will continue to blow in their direction for a brighter and more prosperous next year.
