Court Summons Waiting on Him
Barrister-at-law, Anslem Clouden will continue to press ahead with moves to get a Magistrate's Court to issue a bench warrant to force ex-Grenada Prime Minister, Dr. Keith Mitchell to attend hearings in a Criminal Libel matter.
Clouden made the request on Monday when Dr. Mitchell once again failed to appear in the criminal libel case he brought against GRENADA TODAY Newspaper, Editor George Worme in 1999.
Acting Chief Magistrate, Henry Paryag said he could not issue the detention warrant in light of the fact that a Summons issued to compel the ex-Prime Minister to court had not been served on him.
Chief Police Prosecutor, Inspector Vannie Curwen informed the court that the lawmen were not successful in serving the document on Dr. Mitchell. Informed sources told this newspaper that a police party visited the Happy Hill home of the ex-Grenadian leader but was told that he was not inside the building.
"We knew that he was inside and did not want us to serve the summons on him. We just could not go into his house like that", said a police source. Within days, Mitchell slipped out of the country on an Air Jamaica flight for the United States.
The court ruled on Monday that the police must make another attempt to serve the summons on the former Prime Minister before the October 20 date for the next hearing of the matter.
The non-appearance of Mitchell came as no surprise to the local media and curious persons who were gathered at the Number One Magistrate's Court in St. George's. However, the court proceeding was dominated by the revelation from Insp. Curwen that the case file cannot be located.
He said that his department never had the file, although the case against Worme was brought in the name of the Commissioner of Police. "We were never in possession of the file," he told the court.
Curwen also informed the Acting Chief Magistrate that in consultation with the Office of the Director of Public Prosecution (DPP) he was told that that Office also has no knowledge of the file.
The Chief Police Prosecutor said they have since been informed that the file was in the possession of controversial Jamaica attorney, Hugh Wildman who served as Legal Advisor to the Keith Mitchell-led Cabinet.
Wildman has since left the country after being questioned by Officers attached to the Criminal Investigation Department (CID) in relation to the failed First International Bank of Grenada (FIBG) fiasco.
During the hearing, the Police Prosecutor made mention of a letter received from Dr. Mitchell in which he indicated that he wanted to discontinue the proceedings against the newspaper editor.
Paryag said it was not a decision that the ex-Prime Minister could take but rather one at the discretion of the State. Curwen told the court that his department has not arrived at a decision on whether to withdraw the case.
He said he plans to first consult with the DPP, Christopher Nelson on the matter. Defense counsel, Anselm Clouden called the entire development as a travesty of justice.
"No one is above the law and it gives a rotten signal to those citizens who will find themselves in breach of the law and who will have to answer to criminal prosecution. If they follow the example of Dr. Mitchell, evidently they will end up in jail," he said.
According to Clouden, the existing situation is one in which a former Prime Minister who has previously failed to come to the court as the virtual complainant 44 times, and now is Leader of the Opposition, is demonstrating grave disregard for the rule of law.
"It is unfortunate he (Dr. Mitchell) continues to demonstrate the disregard for the rule of law. He hides like a chicken. Obviously, Mitchell was hiding as Saddam Housein," he remarked.
This is obvious reference to the secret hole in which Saddam was held by U.S invading troops in Iraq.
Speaking to the media shortly after emerging from the court room, Worme told reporters he is no longer the hunted person, but it is Dr. Mitchell. "In the past he was hunting me, but now he is the hunted," he said. "I want Dr. Mitchell to know that I will hunt him until I get him," he added.
Worme reminded his counterparts that for the past four years Dr. Mitchell has failed to attend the court proceeding to allow him (Worme) the opportunity to defend himself.
He dropped hints that if the case is dismissed that Clouden would bring lawsuits against Dr. Mitchell and Wildman for malicious prosecution. The criminal libel case came as result of a letter published in GRENADA TODAY under the headline, "Doc Stop Playing Politics," sometime after the 1999 General Election which gave Mitchell's New National Party a 15-nil landslide victory at the polls.
The letter writer alluded to bribery being used to effect the electoral victory at the polls.
