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8/28/2007 
LAW AND POLITICS - WHAT AN EXPENSIVE LEGAL FARCE!!  
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CATEGORY:COMMENTARY ----------------------- INSIDE GRENADA TUESDAY August 28, 2007 by Lloyd Noel (Editor's note: The views and opinions expresed in the following commentary represent those of the writer and not necessarily that of Grenadian Connection). When the Commission of Inquiry was instituted by the Governor General over three years ago, into very serious allegations touching and concerning the Prime minister and his relationship with that Con-man Eric Resteiner, at his St. Moritz Villa in the Swiss Countryside in 2000 or thereabouts-many persons felt then, that the set up was not in keeping with the standards expected of an inquiry of that importance and magnitude. And for the one week that the lone-Commissioner sat and took its evidence from selected witnesses that the Commission itself had summoned to attend-it became even clearer that the whole charade was not intended to achieve justice, but merely to white wash the whole procedure. Some effort was made to bring a semblance of normalcy to the proceedings, when the Leader of the Opposition wrote to the Commissioner seeking his approval to be represented at the inquiry-as a very interested person under the constitution. The Commissioner invited Hon. Tillman Thomas to attend the proceedings and present his case, personally or by Counsel, and he did that. After responses by Counsel for the Commission, Dr. Ramsahoye, Q.C., and Mr. Ramesh Maharag for the Prime Minister-the Commissioner refused to give the opposition Leader leave to appear. The hearings therefore continued, with no Lawyer present to test the veracity of those witnesses called by the Commissioner, and at the end of the week the P.M.’s Lawyer even attempted to make a no-case submission to complete the farce. After the adjournment, two years or so ago, the opposition Leader filed for judicial Review of the Commissioner’s refusal to grant him audience. The matter was heard by Mr. Justice Baptiste, and he held that Hon. Tillman Thomas was entitled to be heard as such an interested person, but the level of audience was at the discretion of the commissioner, so he sent the matter back to him to exercise that discretion. The Governor General and the commissioner were made aware of the Court’s Ruling-but instead of moving ahead thereafter, the commissioner filed an appeal and that is where the matter stayed up to-date. We are now told the C/A has to hear argument or give a ruling on the 17th September, 2007. In late June, the Governor General announced that the life of the commission was extended for a further three (3) months from first July to September, 30th 2007 for a final report. Then on Friday 17th August, a news release said that the Commissioner would resume sitting at the Trade centre on Tuesday 21st August, 2007. No notice was given to the Opposition Leader, Hon. Tillman Thomas, but it is obvious that notice was given to Miss Ann-Marie Coutain and Inspector Francois, and the two ever-present foreign Lawyers who are being paid by the state. Having heard the news as everyone else, the Opposition Leader had Mr. Ruggles Ferguson make an appearance on Tuesday a.m. to check out the happenings and if necessary seek a postponement to have his counsel (Mr. Elliott Motley Q.C. of Barbados) make a presentation on his behalf, because that counsel was then in Canada. Mr. Ferguson was given a hearing and he sought to have the Commission allow a short adjournment to the following Monday when Mr. Motley could be present to make his presentation. Both Ramsahoye Q.C. and Maharay S.C. objected, the Commissioner adjourned for ten minutes to consider the submissions and he returned and rejected Mr. Ferguson’s request and proceeded to call the two pre-arranged witnesses, Coutain and Francois. What transpired thereafter was even more farcical–in the context of what all Grenadians and the region as a whole already know, from the P.M. himself. Miss Coutain’s evidence was to the effect, that she was present with the P.M. throughout the visit to St. Moritz in Switzerland and his meetings with Resteiner, and at no time did she see any money passed between the two men; and certainly no Vuiton Briefcase. And this lady was brought all the way from Brussels to Grenada to say that, and to add that Resteiner was also at the Airport in Zurich or wherever and he introduced the P.M. to prospective investors. That evidence was so different from the facts already known by the Commissioner and those two high-powered Lawyers present, that in the interest of public relations, if nothing else, it was incumbent on them to try and clear up the mystery and contradictions. But no, all the evidence was in and the Commission will be presenting its report to the Governor General by the 30th September, 2007; and will be reporting that no evidence was presented that implicated the P.M. in any way, and there was no need to call him. Those three Lawyers will collect their huge fees from poor struggling Grenadians, and return to their home lands leaving the sorry mess no cleaner than before. I heard Mr. Maharaj saying that what transpired here could not happen in Trinidad, and I completely agree with him-because in T&T they would have arrested the Chief justice and the ex-P.M., suspend the chief Justice from office, stop Criminal cases half-way through, and generally treat public officials at the highest levels as nobody-all in the process of making a mockery of justice in their Republican style, in preparation for replacing the tried and tested and respected democratic Privy Council. He can keep that lot in his T&T, we do not need it here-although his clients are doing their utmost best to make the change over and move Port-of-Spain to St. George’s. So the Briefcase Inquiry, to all intents and purposes, is now officially over bar the shouting, and we await the lone-Commissioner’s report in the next month or so. And to think we may have spent upwards of half a million (U.S.) dollars on that sham, and those who are responsible for the public purse and are expected to give account for their stewardship-they will see nothing wrong in that fiasco. But the longest day and darkest night must come to an end some good day. Then in the next month or so, the same responsible lot will be parading dozens and dozens of young folks, through the Court system on Criminal charges for offences that pale into insignificance when compared with what is happening at the top of the ladder. And as per usual, all those supporters who can see nothing wrong with what took place at the Trade Centre last week, they would be singing the same worn out swan song like in Min. Bowen’s case, that the P.M. has been vindicated-despite the very obvious contradictions that were made public on that last day of shame and disgrace for our so-called justice system of gross in-equalities. But then again what does it matter, we seem to be only too ready to sacrifice all the standards and acceptable norms that we once treasured as a people-on the very shaky altar of political excuse and convenience, because it happens to be the in-thing. We pretend to forget that the seeds we sow to-day will be producing fruits in due course, and we cannot sow one brand and expect to achieve a different kind. Time will tell. While all these legal gymnastics were taking place in Grenada, or elsewhere overseas in courthouses concerning our politicians in control of our public affairs-hurricane Dean chose to stay well clear of Grenada and visit our neighbors to the north. Our care and concern go out to the people in those Islands, and we hope they will soon pick up the pieces and start again. In addition, Sir John Compton is having a rough time with his health and will not be able to continue the come-back he made last December-when his party won back the people’s confidence. I wish him God speed. And in Jamaica we wait to see the outcome of that Island’s pending polls, after “Dean” and the postponed date for the Elections. In T&T the waiting game continues, and here at home the guessing exercise is in full swing as the economic situation deteriorates; and with exam results bringing out more and yet more qualified students with no hope of getting a job, and financially un-able to enter TAMCC even where they wanted to-the social problems in that area need very urgent attention to keep it in check. I heard a news item that the throne speech in October, and the Budget Estimates for 2008-will contain some measures towards alleviating the high cost of living and perhaps un-employment, and that sounds fine; but I am afraid that such measures may be too long in taking root and therefore too late. I trust that far more urgent attention will be given to these burning social issues facing our young folks, so that they will find some respite in the last quarter of this year.
 

 


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LAW AND POLITICS - WHAT AN EXPENSIVE LEGAL FARCE!!