EDITORIAL
The
debate will continue for a long time not only in Grenada but
in the wider Caribbean region about the true Independence of
the Judiciary and our people's trust and confidence in the legal
system.
And recent happenings in Grenada and Trinidad and Tobago will
do nothing positive to dampen the fears of citizens about perceived
political interference in the justice system.
The news that are coming out within certain quarters in the legal
profession is that political pressure is being brought to bear
for high court judge, Justice Davidson Baptiste to be withdrawn
from sitting in the local high court because of alleged bias against
the Keith Mitchell-led New National Party (NNP) government.
The allegation against the judge stems from an encounter in his
court a few weeks ago against the most controversial lawyer to
have graced our shores for the past 20 years- Hugh Wildman of
Jamaica.
It is no secret that Mr. Wildman who is considered as the "legal
hatchet-man" for the Mitchell government had accused Justice
Baptiste of being "bias" after the judge ruled against
him in the matter of his failure to get the post of Attorney-General
from the Judicial and Legal Services Commission (JLCS).
This prompted the judge and in our view quite rightly so deciding
to recluse himself from matters involving Mr. Wildman who has
built up a reputation as a bad and sour loser.
The judge for whatever reason did not exercise the option of hauling
Mr. Wildman before his court and citing him for contempt of court.
If some other lesser mortal had done the same with Justice Baptiste
it is quite possible that he would have been dealt with quite
differently. The lawyers have their own club and eggs have no
right to get involved in rock stone dance.
And what is rather frightening is the growing perception in the
minds of many persons in the country that open and vulgar attempts
are being made by the political directorate in Grenada to manipulate
the judiciary.
This must be resisted by all patriots and law-abiding citizens
who are committed to ensuring that justice must not only be done
but be seen to be done in our law courts. If we do otherwise then
the country would enter a dangerous period in which matters involving
the State would boil down to nothing but kangaroo trials.
There is no way that justice Zimbabwe-style should be allowed
to get implanted in Grenada, Carriacou and Petite Martinique.
That country's Prime Minister Robert Mugabe who has disappointed
many after the bitter years of a just liberation war against white-minority
racist rule, is known internationally as one of the most brutal
dictators in modern black African history.
Mugabe is now doing almost what he used to accuse the white regime
of doing. His penchant for power has extended to the court system
in his country where even the Chief Justice had to fled to the
safety of London since he could no longer stomach the interference
in the judiciary by the government.
If we are not careful in Grenada, the NNP would continue along
the merry road of trying to plant in the judiciary men and women
who are prepared to do its bidding. There is already suspicion
that certain elements within the Supreme Court Registry who are
supportive of the regime are engaged in the manipulation of court
files and cases in an effort to frustrate the course of justice.
We recall an incident in which a lawyer had threatened to take
legal action against a former NNP government. The reaction from
the NNP hierarchy was that the minister should not worry about
the threat from the lawyer since "we are in power and in
control of things".
The message was clear: The NNP would use its operatives in the
Supreme Court Registry to make sure that the case files would
not seen daylight inside any high court in this country. Despite
its slender one-seat majority in parliament, the Mitchell government
is still bent on controlling every facet of life in this country.
As its stands at the moment, the regime has not been able to lay
its hands totally on the judiciary. It is not in control of the
Grenada Bar Association and to the best of our knowledge none
of the high court judges have been "bought" by them.
Its recent attack on the Director of Public Prosecution (DPP),
Christopher Nelson is part of the scheme to be in control of the
judiciary.
This administration is hell bent on having its own way in the
legal system in order to create and instill fear in the minds
of its opponents. The message that it would like to send out is
that if you do not fall in line then we would use the court system
to deal with you.
And the recent happenings with Justice Baptiste and the Brian
Alleyne matter vis-ý-vis the post of Chief Justice of the
OECS have only served to further strengthen our position that
the newly created Caribbean Court of Justice (CCJ) should not
be allowed at this point in time to become the final court of
the region.
Our politicians are not ready yet. They are not mature enough
to accept in good faith decisions from the courts that go against
them.
These politicians would find any means possible to recruit persons
to serve in our courts in the Caribbean who can do their bidding.
We need to keep the politicians at bay and resist their every
moves to corrupt the judiciary.