A team of high-powered lawyers representing 13 former revolutionary figures of the Grenada Revolution, who were convicted for the 1983 execution of Prime Minister Maurice Bishop and several Cabinet colleagues are seeking a reduced sentence for their clients.

Gen. Hudson Austin

The convicted men- including ex-deputy Prime Minister Bernard Coard and General Hudson Austin on Monday appeared before high court judge, Justice Francis Belle at the makeshift court at the Grenada Trade Centre at Grand Anse, St. George's.

They were taken from the Richmond Hill prison by heavily armed security personnel to make their court appearance in the building that was flocked by family members, as well as friends and supporters of those who were gunned down at Fort George (Rupert) 24 years ago.

The 13 former government and military figures were first sentenced to death in 1986 and it was later commuted to life imprisonment before the Privy Council ruled a few months ago that the sentence was unconstitutional and the convicts be re-sentenced.

 

Lt. Col Layne

Bernard Coard and fellow inmate Colville Mc Barnette are being represented by Trinidadian Keith Scotland instructed by Celeste Jules, former Mobilisation Minister, Selwyn Strachan by local attorney-at-law. Anslem Clouden and instructed by Daniel Khan.

Ex-Lieutenant-Colonel, Liam James and Major Lester Redhead by Jacqueline Samuels-Brown of Jamaica, Callistus "Iman Abdullah" Bernard and General Austin are both represented by Queen's Counsel, Howard Hamilton of Jamaica and Lieutenant-Colonel Ewart Layne by Cajeton Hood.

The remaining prisoners are Major Leon Cornwall, the former Ambassador to Cuba who is being represented by Jamaican,  Earl Witter, instructed by Jomo Thomas, Majors Christopher Stroude and Dave "Tan" Bartholomew by Ruggles Ferguson and Ashley Bernadine, while trade unionist, John Ventour's interest is being handled by Rajv Persaud of Trinidad and Tobago, and soldier Cecil Prime by local attorney, Derick Sylvester.

The State team is headed by former Trinidad and Tobago, Attorney-General, Ramesh Maharaj and includes local Director of Public Prosecutions (DPP), Christopher Nelson. British QC Edward Fitzgerald, who is leading the defense team told the judge on Monday during the start of the re-sentence hearing, that his clients have maintained their innocence and  expressed their deep sorrow for what happened on October 19, 1983 when Bishop was killed.

Kamau Mc Barnette

According to Fitzgerald, the inmates have also accepted moral responsibility for the 1983 tragedy which culminated in a U.S-led military intervention to restore law and order in Grenada. He told the Court that any sentence imposed should be a fixed term sentence of no more than 35 years taking into account the time already served in prison by the revolutionaries.

 Legal sources told this newspaper that this legal argument is in effect calling for the Coard Gang to be effectively released since they would have already served 35 prison years in jail.

Fitzgerald pointed to the alleged constitutional violation of the rights of the prisoners since incarceration including the pressures they underwent when they were nearly executed, and the denial of their right to have periodic review of their imprisonment based on the prison rules.

 

Selwyn Strachan

The defense contends that these key factors should be taken into account when deciding the sentence. The British lawyer submitted that the sentence to be imposed on the 13 should reflect the constitutional violations of their rights. In addition, Fitzgerald said that his clients have grown spiritually, cooperated with prison officials and assisted in the reconstruction of the island after hurricane Ivan in 2004, as well as served as tutors, medics, counsellors and religious leaders at the prison.

"They have turned their backs on crime" as can be attested by fellow inmates, he told Justice Belle. The team leader also read testimonials from other inmates, including a 17 year-old convicted thief who said the defendants taught him to read and write.

The lead Counsel said that what happened in October 1983 occurred within a short period of time in context of an escalating crisis that got out of hand on that particular day  resulting in bloodshed on both sides.

Fitzgerald pointed out that the Coard Gang  are men of "reasonable character" and only got involved in crime for "a relatively short period" and that political factors played a part in the decision making on that fateful day. He told the court that the men are not threat to the Grenadian society and if released would be an asset to the island.

 The State intends to make a request for the convicts to be given a life sentence as the maximum penalty to be imposed on them for the 1983 killings. DPP Nelson told the court that the sentence to be meted out to the 13 should properly reflect the gravity of the crimes committed.

He noted that this is a very unusual case in the history of Grenada and the rest of the English-speaking Caribbean and involved the highest levels of death arising from a single act. Three of the convicts from the original group of 17 prisoners  -soldiers cosmos richardson, Andy Mitchell and Vincent Joseph - showed up at the court in solidarity with their imprisoned colleagues.

On the fate of Phyllis Coard, wife of Bernard Coard who has been in Jamaica for the past four years receiving treatment for "colon cancer", the DPP said the sentence to be handed down on the 13 will not include her and that her life sentence will stand.
The re-sentencing hearing for the13 is expected to occupy the court's attention for the week.