One
of Grenada¹s most outspoken attorneys-at-law, Anslem Clouden
has again hit out at the manner in which Prime Minister Dr.
Keith Mitchell is treating the local courts.
Clouden
was furious with the failure once again of the Grenadian leader
to attend Tuesday¹s scheduled hearing of the criminal libel
matter that he brought a few years ago against editor of the
GRENADA TODAY newspaper, George Worme.
The Grenadian
leader has failed to show up in court for nearly two years now
for the matter. As soon as Chief Magistrate Patricia Mark called
the case, she announced that it was being adjourned since the
Prime Minister had indicated that he was unable to attend the
proceedings.
Clouden
was quick on his feet to protest the manner in which the case
was being adjourned. He pointed out to the Chief Magistrate
that the procedure being adopted was wrong since there was a
clear separation of powers and the Prime Minister had no sway
over the court system.
The magistrate
was then heard saying that government¹s legal advisor,
Hugh Wildman who is prosecuting the matter was the one to have
contacted the court on the adjournment. Clouden later told this
newspaper that no one can seek an adjournment of their matter
in court without properly sending a letter to the Magistrate
or have another attorney hold papers for them in the matter.
He said
that as far as he is aware there was no letter sent by Wildman
in the current case involving the editor of the Grenada Today
newspaper. He pointed out that no litigant can request an adjournment
of a criminal prosecution matter and it is only for the Prosecutorial
Department of the State to seek an adjournment of the matter
on behalf of the Prime Minister who is only "a mere complainant
in a criminal cause or matter".
Clouden
served notice that during the next hearing of the matter fixed
for November 14 he would put forward certain submissions before
the Chief Magistrate to have the matter brought against Worme
thrown out of court.He
said: "I intend to make certain submissions with respect
to certain guaranteed rights of the accused (Worme) that may
ultimately result in the matter being thrown out for want of
prosecution.
According
to Clouden, there has been an "inordinate delay" in
the matter, and that each time the matter is called "the
Prime Minister is asking for adjournment after adjournment".
He urged the Prime Minister to be careful in his dealings with
the court system since there is an entrenched separation of
powers under the Grenada Constitution.
According
to Clouden, as the Chief Executive Officer, the Prime Minister
ought to know that he cannot by his own volition "move
the court in a manner favourable to himself" since this
would be regarded as an "incursion" on the court system.
He noted
that under the Grenada constitution, the three branches of government
- executive, judiciary and legislature - are co-equal partners
and no one is paramount or above the other.
The lawyer
suggested that both Wildman and Prime Minister Mitchell are
clearly attempting to alter the status quo by the manner in
which they are treating the courts.
There have
been frequent accusations made about the Mitchell-led New National
Party (NNP) government wanting to control the local court system.