Clouden: Bowen is misleading the public

A lawsuit filed in New York against Grenada's Agriculture and Energy Minister Gregory Bowen by United States oil investor, Jack Grynberg is far from over.

Bowen, along with Legal Advisor to cabinet, Hugh Wildman told the media last week Friday that Bowen's case was dismissed by High Court Judge Denise Cote, and that the Grenada Number Two Man had been vindicated of bribery allegations.

However, Bowen's claim of victory was refuted Monday by outspoken attorney-at-law, Anselm Clouden at a press conference held at his law office on Church Street, St. George's.

Clouden said that what was dismissed is the statue requiring the commencement of the action within a certain limitation period which was not complied with by Grynberg's legal team.

"This is a calculated attempt (by Bowen and Wildman) to mislead the Grenadian people," he told reporters.

According to Clouden, the action for tortious interference was brought two months after the expiration of that period of time limitation as indicated by Judge Cote in her ruling.

Clouden read an extract from the judge's ruling which said,"plaintiffs filed the compliant against Bowen on November 1st 2006, finding that the plaintiffs' causes of action against Bowen accrued, at the latest, on August 31st, 2004. It is hereby ordered that Bowen's motion to dismiss for failure to state a claim is granted on the ground that plaintiffs' claims against him for tortious interference with a contract and tortious interference with business relations are time-barred." Clouden indicated that with the judge having decided the motion to dismiss on that ground, Justice Cote felt that it was futile to continue to consider the other grounds of Bowen's motion to dismiss.

The local attorney pointed out that Minister Bowen was not vindicated because there was no trial of the matter. "It (the case) was dismissed on a technicality," he added.

Clouden stated that the plaintiffs, Jack Grynberg and RSM Production have now been granted leave by the same judge in New York to file an amended claim no later than August 24 in the matter against Minister Bowen.

He was confident that there will indeed be amendment to the case and that the Grenada Number Two Man will still have to defend himself in the New York court.

"I have no doubt that in the very near future we should keep our eyes and ears open to see what happens after August 24th. And this premature jubilation by Mr. Bowen is only designed to mislead the Grenadian people," he said.

Clouden indicated that the question of tortious conspiracy allegedly involving Minister Bowen is expected to now form part of the case in New York.

He said that the substance of tortious interference which Judge Cote made reference to in her ruling borders very closely on tortious conspiracy.

He stressed that the area of tortious conspiracy indicates that the plaintiffs' cause of action against Bowen accrued on August 31st, 2004.

Clouden recalled that in September 1996 Bowen first indicated to the plaintiffs that they were expected to make him bribery payments in order to conduct business with Grenada.

He further indicated that on April 27th, 2004 Bowen advised RSM that its April 14th, 2004 application to the Government of Grenada for an oil and natural gas exploration license was untimely filed.

He said that August 31st, 2004 RSM filed a request for arbitration with the World Bank's International Centre for the Settlement of Investment Disputes (ICSID) to challenge the refusal of its license application.

Clouden said the tortious conspiracy lies in Bowen's refusal at his own press conference to give a clear answer to the identify of the source that was paying his legal fees.

At the ICSID tribunal hearing in London, Minister Bowen admitted on the Witness Stand that a Russian group that is known to be interested in oil exploration in Grenadian waters had paid the legal fees for the London matter.

The outspoken lawyer said the allegation is that Russians, Mikhail Fridman, Len Blavatnik and Lev Korchagin who are jointly sued with Bowen conspired with the island's Deputy Prime Minister so that they would receive the license to explore for oil and gas, and not Grynberg and his RSM Corporation.

"Therein lies the conspiracy," said Clouden, a constant critic of the ruling New National Party (NNP) administration in St. George's.

During Bowen's press conference accusations were levelled against local lawyers, without identifying them, as being political and being associated with lawyers in New York to bring cases against Prime Minister Dr. Keith Mitchell and his Second-in-Command.

Clouden denied having any association with Grynberg, pointing out that he does not know the investor and had never met him. However, he disclosed that his Law Firm, GRENLAW Chambers has been retained by a New York Law Firm to render opinions on the status of Grenadian laws.

The law firm headed by Daniel Abrams works for Grynberg and RSM Corporation.

"I have not met Mr. Grynberg. I have never spoken to Mr. Grynberg. I have had no contact with Mr. Grynberg whatsoever," Clouden declared. In his claim of victory Bowen said it was the intention of those political lawyers to bring down the government.

Clouden hit back saying that he is not a political lawyer, but a lawyer who has a civic responsibility to the people of Grenada. He said he would like to be styled as"a public defender.""How could I, a simple, country backward, country lawyer intend to bring a government down. There is a legitimate opposition," he quipped.

The outspoken lawyer said it is a great credit to his office, as an attorney, that he has endeavoured to keep the Grenadian people informed of what is happening with respect to corruption charges levelled against Prime Minister Mitchell and his Deputy, Minister Bowen.