A date will soon be set for the re-sentencing of the convicted killers of former leftist Grenada Prime Minister, Maurice bishop who was gunned down in October 1983 at army headquarters at Fort George (Rupert).

The 14 former army and political figures of the ill-fated 1979-83 Grenada Revolution have had their Appeal against their incarceration upheld by the Privy Council and are now awaiting re-sentencing.

Hudson Austin and Vincent Noel in better days

The imprisoned men are: Deputy prime minister, Bernard Coard, army general, Hudson Austin, Selwyn Strachan, Ewart Layne, Liam James, Leon Cornwall, Dave Bartholomew, John Ventour, Colville McBarnette, Christopher Stroude, Lester Redhead, Calistus Bernard and Cecil Prime.

According to lawyers representing the 13 prisoners which includes Trinidadian Keith Scotland, they have already made application to the Registrar of the Supreme Court seeking a date for hearing on behalf of their clients.

Delivering an 11-page ruling, the five Law Lords - Lord Bingham of Cornhill, Lord Hoffman, Lord Phillips of Worth Matravers, Lord Carswell and Lord Brown of Eaton-under-Heywood agreed with the lawyers for the defendants that in practice the relief sought by the appellants in relation to their sentences was never available through the ordinary avenue of appeal.

³This appeal should be allowed and that it should be declared that the sentence of death imposed upon the appellants was invalid and that the case should be remitted to the Supreme Court of Grenada for the appellants to be sentenced in accordance with the construction of section 230 of the Criminal Code,² the justices wrote.

 

Sister Jackie Creft

The case to the Privy Council was based on the grounds that the death sentence passed in 1986 was unconstitutional and consequently the commutation of the death sentence to life imprisonment by the Governor General was unlawful.

Scotland claimed victory in the judgement handed down, and stated that if they were successful in every ruling this would have had serious implications for the country.

In response to the Privy Council¹s ruling Attorney General, Elvin Nimrod stated that the 13 will not be released but in accordance with Privy Council¹s ruling, they will be re-sentenced.

When questioned about the status of Phyllis Coard who was also charged in connection with the murder of Bishop and others, as it relates to the

judgement, Nimrod said that her release is conditional and that she has not been set free since the Mercy Committee has been receiving periodic reports on her condition.

 

Phylllis Missing in action

He added that Phyllis Coard will be included in any court decision handed down, since she has not been freed but remains outside for medical purposes. Phyllis Coard was released from prison on March 18, 2000, to seek treatment abroad, having been diagnosed with cancer.

Seven years later, she is reported to be in the country of her birth, Jamaica and is often seen walking her dog. Legal Advisor to Cabinet, Hugh Wildman, said that he is happy with the ruling of the Privy Council, since it can no longer be said that the men were not properly convicted.

Three of the original seventeen - Andy Mitchell, Vincent Joseph and Cosmos Richardson were released from prison in early December 2006 having served their time.