LAW AND POLITICS

BY

LLOYD NOEL

The Constitution of Grenada starts off by saying, among other fundamental principles - that, "whereas the people of Grenada reiterate, that the ideal of free men enjoying freedom from fear and want can be best achieved if conditions are created whereby everyone may enjoy his economic, social and political, civil and cultural rights - and make provision for ensuring the protection in Grenada of fundamental rights and freedoms".

If only those in authority, as well as those aspiring to be in authority, and those doing their utmost to gain favours from those in current authority - can begin to accept and appreciate that nothing lasts forever, that power has a price to pay for its abuse and misuses, and the very rights and freedoms they are denying others today will come around to haunt them some good day, then our once peaceful and God-fearing Isles will be a virtual haven for all who live therein to enjoy in relative comfort.

But very unfortunately for us all, the truisms listed above - although well known and have been seen in operation more than once in our midst - they are ignored and treated with scorn by those in authority and their advisers; and what is worse, and even more alarming for our traditional institutions and those involved therein, is that the abuses and gross denials of those entrenched rights and freedoms are destroying the very foundations of our once organised systems and society.

The latest nail in the coffin of destruction, that is reducing our people and country and ideals to nought - is the disgraceful action surrounding the detention of Mr. George Worme, Editor of Grenada Today, for questioning in connection with the ridiculous allegation by an NNP activist, that a letter published in his newspaper about the goodly lady¹s action against her Son-in Law, Peter David, that letter amounted in Law to Criminal Libel.

What is Criminal Libel? Sections 253/254 of our Criminal Code lays down - that the publication of defamatory matter concerning another person, either negligently or with intent to defame that other person, would render the publisher guilty of Libel - if the defamatory matter imputes to that other person any crime, or misconduct in any public office, or which is likely to injure him in his occupation, calling or office, or to expose him to general hatred, contempt or ridicule".

Except for the allegation of crime by anyone, and that "Crime" must be a serious matter that is punishable on indictment (Trial by Judge & Jury) - it is clear that the Law is really concerned with persons holding public office who are accused of misconduct in their office.

And even when published about someone in any public office, the publication of the defamatory matter is absolutely privileged, and no person shall under any circumstances be liable to punishment in respect thereof if, for example, "the matter is true, and if it is found by the Jury that it was for the public benefit that it should be published".

The complainant in the issue about Peter David¹s Citizenship - was not accused of committing any crime, nor does she hold any known public office. Her trivial Affidavit simply said that her daughter, who is Peter¹s estranged wife, is a Canadian Citizen and she assisted her husband Peter to acquire his Canadian Citizenship, and he has admitted that.

The letter in Grenada Today, by one "JCB", takes the position that her action is disgraceful, because she is the grandmother of Peter¹s children and should not be doing anything that may hurt those very children. She was accused of interfering in what is really her daughter¹s matrimonial business, and should not be getting involved in what does not concern her as the mother-in-law.

Nothing in that letter accused her of any crime that is punishable on indictment in any trial by Judge and Jury - to arouse Criminal Libel.
It must therefore follow, by simple deduction, that there are other hidden and undisclosed reasons by those in authority for their high-handed action in attempting to publicly embarrass George Worme. Readers locally, regionally, and worldwide on the Internet - all know of George¹s position, through his newspaper, in questioning the actions and omissions of the NNP Government - as is his right, and is the role of any serious newspaper in any democratic and freedom loving society.

In that context, am sure George would see that high-handed action as vindication of what he is saying in his editorial week after week. And rather than embarrassing him, the ill-advised misuse and abuse of Police authority, to detain someone on the pretext of having committed a serious criminal offence - that would surely enhance his image and reputation as a fearless journalist who is simply doing a dam good job, and providing a very useful and commendable public service.

But over and above that counter-productive result - a much more disturbing and far-reaching consequence is in the making, that would take our systems and institutions further down the gutter, and could well lose us the services of genuine Public Servants of the highest calibre, to be replaced by yes-men stooges.

For the Police to embark on a Criminal Libel mission, they must be advised by the Legal Officer responsible for signing Indictments to go to trial before a Judge and Jury in due course, i.e. the (D.P.P.) Director of Public Prosecutions. My reliable information is that the current D.P.P. had no say whatsoever, in that latest George Worme detention for questioning for Criminal Libel against the St. Patrick¹s Grandmother.

I am also reliably informed, that even the C.I.D. Officers who were being pressured into picking up George Worme - they responded that they needed instructions or directions from persons in higher legal authority, due to the technical nature of the offence and the very flimsy line of evidence presented to them.

The even more disturbing reliable information on this matter - is that the highest placed Officer in the Police Service had no say in that latest detention. Mr. Wildman as Legal Advisor to Cabinet, cannot also hold the position as the Police Legal Adviser - because that would be a serious conflict and very unethical.

So who was it that handed down the instructions or directions to move on George Worme? I wish to give whoever it was, the benefit of many years of witnessing "what goes around, coming around", and also warning them for their own good - that the right alone is right, and the wrong is always wrong, regardless of who is doing the right thing, or the wrong thing.

Those high-handed and spiteful actions, in the name of the Police Force and the enforcement of Law and Order in our land, are causing deep-seated concerns to the many officers who sincerely and genuinely want to do their duties as the law lays down. And it would not surprise me at all - if before long we hear of Senior Officers wanting to take early retirement and get out of the corruption.

But over and beyond the Police Officers themselves - and we all know that there are many who cannot move out just yet, or stand out and say much, because their jobs are at stake or promotion would be a mere dream - you, John Public, have a heavy duty and serious responsibility to let your voices be heard on matters like these.

And you should not be fooling yourself, just because you feel you are an NNP supporter, or because you maintain that you are not involved in politics. Once that manner of Spiteful Beast is let loose, under the guise of enforcing Law and Order against so-called political enemies - then, dear reader, there is no holding it back, and everyone, and anyone, is equally at risk. It is only a matter of who next, and when?

In addition thereto, you will also be sending clear messages to those waiting in the wings to some day take over power - that whether you support them now, or whenever, you will not at anytime sit idly by and see your people and fair Isles be dragged down to the political gutter - under the misnomer of loyal party supporter.

But even more distressing, at this crucial period in our building up to partaking in the biggest ever sporting (Cricket) extravaganza in the region, that is expected to have journalists and media personnel from all over the globe; not to mention the hundreds of thousands who would be coming to the region - many for the first time - is the very negative and frightening message we are sending to those prospective visitors, to Cricket World Cup 2007.

For journalists and media people, who are accustomed to criticising and condemning Prime Ministers, and Presidents, and Cabinet Ministers in their democratic countries worldwide - they would be dead scared to criticise our Prime Minister, who is now in charge of operations dealing with the Stadium, or the Ministers of Health, or Communications, or roads - on the grounds that they failed to do their public duties for whatever reasons.

For so doing they could be detained, or charged for Criminal Libel, because such could be considered defamatory of those public officials in the course of their public duties. It is the perception that matters. In this season of lentern reflections, when, as a Christian-oriented people, we are looking back at the misdeeds of those who crucified Christ - not because He was a bad man, but because they were afraid of His goodness - why can¹t we as a people learn from their grave mistakes, and cease and desist from political oppression and Legal Spitefulness, of those who are saying it as they see it.

The persistent misdeeds are destroying the very fabric of the democratic systems we all seem to be striving to uphold. Time is not on our side - today is already very late.

Opinions expressed are those of the Authors