Editorial
The
need for Constitutional Reform has once again raised its head
in Grenada, Carriacou and Petite Martinique. And GRENADA TODAY
is not talking about the exercise in futility that recently took
place under a commission that was appointed by the ruling New
National Party (NNP) government of Prime Minister, Dr. Keith Mitchell.
Our concern is about reform that promotes good government, accountability
in public office and ensures that the public purse is afforded
greater protection and security from any bad government that happens
to get into office.
Never before in the history of this country has the taxpayer been
asked to pay the kinds of millions of dollars in lost court cases
by a sitting administration as can be witnessed at the moment
under this NNP regime. The figure is growing daily for all of
us in this country under the Mitchell government.
This cannot be disputed given the ruling in the Dipcon multi-million
dollar judgement against the State for breach of contract. The
EC$10, 000 that was awarded in cost to Member of Parliament for
the Town of St. George, Peter David in the Canadian citizenship
issue in the high court on Tuesday is another cost to taxpayers.
This newspaper is making a plea to Mr. David to donate this money
that he would be getting from the taxpayers to a worthy public
institution in some part of the country, most likely in his own
constituency. The judgement from High Court Judge, Justice Kenneth
Benjamin has brought to the fore the need for constitutional reform
to protect the taxpayers' purse from politicians who engaged in
political games at the expense of the Public purse.
The law needs to be changed as quickly as possible to put mechanisms
in place that would make it mandatory on those holding the reigns
of power to pay from their own pockets for bad decisions of a
legal nature in our courts. The Treasury should not pay sums of
money in matters of litigation that emanate from clearly poor
and politically-motivated decisions.
In this Peter David case, the Attorney-General, Elvin Nimrod,
as well as Legal Advisor to Cabinet, Hugh Wildman and the defeated
NNP Candidate for the town of St. George, Brenda Hood should be
held responsible for paying the $10, 000.00 to Mr. David.
The Justice Benjamin judgement needs to be looked at carefully
in terms of whether the judge gave any hint in the ruling that
the legal action brought against Mr. David by Nimrod, Wildman
and company was vexatious and frivolous.
If that was the case then individual taxpayers in this country
need to get into action and prevent the Consolidated Fund from
being raided and to get those behind the court case to make any
such payment to Mr. David. If possible the judge should be approached
through the legal means to ask him to amend the court order and
to make the Attorney-General pay from his own pocket for the court
case.
Justice Benjamin ruled that the State was unable to cite one single
case in support of their contention and considered it "an
abuse of the process of the court". These are not our words
but the words of the learned high court judge.
It is also our view that if the Mitchell government appeals against
the judgment of Justice Benjamin and loses the case then those
responsible for taking that decision should also be held personally
liable.
The cost should be pegged onto the salaries of the Legal Affairs
Minister and Wildman if he is the one used by government to argue
the case before the Court of Appeal. Mr. Wildman is making sufficient
money from the NNP administration to carry the legal expenses
of such matters before our legal courts.
It is our position that a new administration in St. George's should
make the necessary constitutional changes and to pass legislation
in parliament to back-date the law to make those who are reckless
in their use of State Power to pay for their ill-conceived decisions.
If our politicians know that they might be personally held accountable
for bad decisions, then they would think twice before taking such
foolish decisions that prove costly to the State.
Mr. Wildman was quick to move to the Court of Appeal to try and
get Minister Gregory Bowen's name remove from the 20 million dollar
Dipcon judgement. This decision was influenced by a move being
made by attorney-at-law, Celia Edwards-Clyne to secure the millions
from Bowen and his properties in light of the limited amounts
being paid by the State to Dipcon.