Outspoken barrister-at-law Anslem Clouden is gearing up for another
confrontation with Prime Minister and Minister of National Security,
Dr. Keith Mitchell.
Clouden is
challenging a move made by the Grenadian leader to change some
of the rules governing the operations of the Richmond Hill prisons.
In a recent
gazette, it was announced that Dr. Mitchell as Minister responsible
for Prisons had repealed Rules 303-306 of the Prisons Rules governing
the time spent by prisoners in the institution. Legal sources
told GRENADA TODAY that the proposed amendment changes the one
year prison sentence which has been in existence for decades from
eight months to the full 12 months.
Speculation
is rife that the move is aimed at prolonging the lengthy jail
sentence handed down by a high court against three revolutionary
soldiers convicted for the 1983 bloody murder of marxist Prime
Minister Maurice Bishop on October 19, 1983 at Fort Rupert (George).
The soldiers
- Andy Mitchell, Vincent Joseph and Cosmos Richardson - are due
to be released later in the year. The soldiers are among seventeen
former military and political officials implicated in the slaying
of Bishop and several colleagues following a bitter leadership
struggle for control of the New Jewel Movement-led People's Revolutionary
Government (PRG)
The source
said that if the changes made by Prime Minister Mitchell takes
full effect then the trio will have to spend an additional ten
years behind bars. He is pointing an accusing finger at controversial
Jamaican lawyer and Legal Advisor to Cabinet, Hugh Wildman as
being the architect of the amendment to the Prison Rules.
"What
they (the Mitchell government) are trying to do is to punish all
other prisoners who would have come out early by trying to get
at three prisoners", said a legal source close to the ill-fated
1979-83 Grenada Revolution.
In his objection
to the move by Prime Minister Mitchell, the fiery Clouden points
out that if the Grenada Parliament had intended that the power
in the Minister "to make rules governing the remission of
sentences" should include the power "to make rules abolishing
the remission of sentences", it would have said so.
He said:
"Making rules "governing the remission of sentences"
is different from making rules "abolishing the remission
of sentences". This is a difference not just in degree but
a difference in kind or substance. "The right of the individual
to liberty under the Constitution, sections 2-15, is being abrogated
by the amendment", he added.
According
to Clouden, the amendment to the Prison Rules by Prime Minister
Mitchell "is ultra vires because it infringes on the liberty
of the individual in respect of remission". "The Prime
Minister acted ultra vires", he asserts.
Clouden contends
that the new rules governing the time to be spent by prisoners
at the Richmond Hill prison violate section 22 of the Interpretation
Act this "strengthening the presumption against subsidiary
legislation being retroactive, especially when negatively affecting
personal liberty".
He said:
"....The legitimate expectations of the individuals, in conducting
themselves in prison so as to entitle them to remission, is being
denied wrongfully by the Prime Minister's new rules". Clouden
called for the amendment which took effect from February 2, 2006
to be struck down "for being ambiguous".