Former Attorney-General,
Dr. Francis Alexis has responded sharply to statements made
against the judiciary by Legal Affairs Minister, Elvin Nimrod
after the State suffered a loss in the Peter David case.
The Keith
Mitchell-led New National Party (NNP) government is seeking
to get the local courts to rule that David is the illegal Member
of Parliament for the town of St. George¹s since he contested
the 2003 poll as a citizen of Canada.
In a ruling
last week Monday, high court judge Kenneth Benjamin rejected
the case on the procedure that was used by attorney for the
State, Hugh Wildman of Jamaica. A clearly upset, Attorney-General
Nimrod said the decision was not surprising given the recent
history of cases involving the government in matters before
the judges not sitting on the bench.
According
to Dr. Alexis, the insinuations behind the remarks by the Attorney-General
that the NNP Government expected the ruling in the Peter David
case is yet another clear attempt by the regime to intimidate
the Judiciary.
He notes
that leader of the high-powered defense team, Dr. Lloyd Bernett
QC, a distinguished Constitutional Lawyer from Jamaica, had
presented the court in the Peter David case with several judgments
from various Commonwealth Courts proving conclusively that the
procedure adopted by the Attorney-General in the matter was
completely wrong.
Alexis
said that by contrast, the Attorney-General and his team led
by Wildman could not produce a single case supporting the procedure
that they used to take the case to court.
As such,
he indicated that any expectation by the Attorney-General that
the Court would uphold the procedure he followed is wholly absurd.
Dr. Alexis also pointed out that in several recent cases, High
Court Judges in Grenada have ruled in favour of the NNP Government
and NNP Ministers.
He made
mention of two recent matters - the Queen¹s Park Green
Bridge case involving Spice Isle Retreaders and the libel case
brought by Minister of social Services, Yolande Bain-Horsford
against former Leader of the Opposition, Michael Baptiste.
The judges
ruled in favour of NNP on both counts, and Dr. Alexis said that
there was no talk of the Judges being biased. But when NNP loses
a case, he said the ruling party is quick to rush and accuse
the Judges of bias, adding that this is unjustifiable, frivolous
and vexatious.
The former
government minister cites the Peter David case as another instance
of how NNP reacts when court matters do not go in its favour.
"This persistence of NNP in frivolously accusing Judges
of bias shows that NNP is intent on intimidating and muzzling
the Judiciary, to overthrow the rule of law and install the
rule of the Cabinet", he said.
"This
is always a sure sign of a disposition to dictatorship",
added Dr. Alexis.