Lawyers
representing three of the 17 prisoners serving time for the
1983 murder of Grenada's Prime Minister Maurice Bishop
and others said that government's Special Prosecutor, Hugh
Wildman of Jamaica is making false claims following a Privy
Council decision last week Thursday.
Wildman
told reporters shortly after the ruling that he was vindicated
since the Privy Council ruled on an argument he had propounded
and was accused of attempting to prevent the release of the
prisoners.
Wildman
was commenting on a ruling by the Privy Council dismissing a
request for Special Leave. In the ruling before a Board consisting
of Lord Hope, Lord Browne and Lord Mance, a petition seeking
the immediate release of three former soldiers, Cosmos Richardson,
Andy Mitchell and Vincent Joseph contended that the sentence
imposed by then high court judge, Denis Byron was illegal and
contrary to the criminal procedural code of Grenada.
"What
is significant about the ruling of the Privy Council today (Thursday)
based on the reports I got from our Solicitors in England is
the arguments that the Privy Council used to reject the petition,
were the same arguments that I propounded on the television
and media when the matter was current when I made the point
that the judge was wrong and gave the wrong interpretation of
the criminal code," Wildman said.
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Keith
Scotland |
The Petitioners
were represented by Edward Fitzgerald QC and Julian Knowles,
and the Respondent by James Dingemans QC. However, defence attorney
Keith Scotland of Trinidad and Tobago said that at no stage
Wildman was involved in the case, making reference to Queen's
Counsel Karl Hudson-Phillips who had been retained by the Keith
Mitchell government in St. George's to represent the State.
"In
matters of special leave her Majesty's Board never gives
reasons for their decisions, so no reasons were given,"
Scotland said. According to the Trinidad attorney, the decision
has to be viewed in the context that the 14 applicants have
a substantive matter which is before the Privy Council as a
matter of Leave already granted by the Court of Appeal and that
matter will be heard later on this year.
Scotland
was referring to the remaining prisoners whose initial death
sentences were commuted to life in prison. "So it's
a quantum leap and it is without logic to say that leave was
refused for any arguments advanced by anyone in the substantive
issue", he said.
"In
relation to that issue the Privy Council has said that we can
take no further action because they have refused us leave so
that by necessity we will have to hold but I reiterate that
the matter involving the 14 which is to be held later this year
before her Majesty's Council that matter also encompasses
the three," he added.
Scotland
acknowledged that the Privy Council's decision is a setback
to the revolutionary prisoners at Richmond Hill. "We have
seen them and spoke to them. Although there must be some initial
disappointment the struggle continues", he remarked..
In 2002,
a local high court judge ruled that the three ex-soldiers should
be freed because each received more than one consecutive 15-year
sentence for manslaughter - an action it said amounted to multiple
sentences for the same crime.
However,
the OECS Court of Appeal overturned the decision. The latest
ruling from the British Privy Council comes shortly after the
Truth and Reconciliation Commission (TRC) set up to look into
the events between 1976 to 1983 recommended that the 17 should
be given a new trial.