SEPTEMBER 23rd, 2006
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Clouden: The case should be thrown out
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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.

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