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12/18/2007 
LAW AND POLITICS - SO MUCH IS MISSING THIS SEASON!!  
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INSIDE GRENADA TUESDAY December 18,2007 by Lloyd Noel By the time you are reading this in the newspaper –it will be about four to five days to Christmas Day, but up to the weekend before there are very little signs of the festive season we have been used to over the years. So much of the decorations and new paint, and the symbols that truly reminded us that the Christ child was born at this season many centuries ago – all seem to be missing from the stores and homes and buildings. Not that I am saying we really need those outward signs, to remember the great gift we received all those many hundred of years ago – because as a writer put in many years ago – “Remember that God gift to us on that first Christmas morn came in the simplest and humblest manner. God used no tinsel, no linen or lace, no price tag. Not because this gift was worthless, but rather because it was priceless and needed no status symbols”. Put another way, it has been also said – that what matters is not the wrappings around the Gift of the lover, but the love of the giver. But being the mortal human beings we are, and always wanting to express our feelings with outward signs of appreciation and gratitude – we have grown up and become accustomed to letting Him see our feelings, by the display of the very creative gifts He has given us as we decorate our surroundings. Not so this year, because things hard, prices too high, and the funds are simply not there in too many households. Am sure the generous Forgiver he is, even when we do the most diabolical things and seek His forgiveness – that he, who knows and sees all things, will truly understand and overlook the shabby buildings and the absence of the usually bright lights. And funny enough, if many can afford to laugh in the prevailing circumstances and the gru-gru days they are struggling through – the hue and cry from the poor and un-employed all across the region, is one and the same to the extent that our CARICOM leaders took time out to hold a special meeting to address the problem in Guyana last week. What they have decided to do, or how they will approach the problems, and more importantly when they will implement whatever they plan to do – that will more than likely need a couple more meetings. So while they are flying around the place to meet one another for more ole talk – the people they are supposedly representing are starving and bawling for help. And back in their homelands the same ole talk keep on flowing, and they persist in telling their people that they never had it so good. In our case here at home the slogan is – “let the progress continues”. And as we come to the end of a year, that saw more money spent in the region than ever before – for the big deal (CWC) Cricket World cup, that left so many white elephants decorating our landscapes the place is like a big desert – we are ending the big extravaganza in our spice Isles, by promising to give food baskets hand outs to the poor and needy to help them stay alive to vote “for more progress”. And with no shame or remorse for the poor showing behind us and the daunting times ahead of us – those hangers – on are still mouthing the same crap at home, and up and down the region as they travel in style to attend more and yet more useless meetings on our behalf. Lord help us! But even more disturbing, in my view, is that while the economic landscape looks so grim and with very clear signs of much harder times ahead – the powers – that - be are recklessly neglecting their obvious and pressing responsibility in the matter involving Cap Bank and those hundreds of Depositors who are on tenterhooks worrying about what will be the outcome with their hard-earned savings. I happen to know, from those persons who have sought my advice, that a lot of people are spending a very fearful and uncomfortable season, because of the absence of any re-assuring statement from those in authority. And it cannot be any easier for those who have been employed with the bank for some years, and must now be also worrying about their future; and that too is a responsibility of the powers – that – be to see the un-employment figures going downwards, rather than up-wards to affect more and more families. What is more worrying is that those in authority must know that other adverse happenings are in the pipeline, and need attention by the government of the day to put those affected minds at ease. We are going into a New year with prices in everything going up and up – Cooking gas and Petrol went up again the last week or so, and the signs from the prices on the world market are only looking further upwards – but nothing on the visible horizon to re-assure the un-employed and the scrunters that things would be any different as far as their plight is concerned. But listening to the Minister of sport in the Budget Debate, his big disclosure to parliament was that our national stadium would be favored with two one day matches (West Indies against Australia) next year. We also heard last week, when the new Chinese Ambassador presented his Credentials and met with the Prime Minister, that government had signed a grant-in –aid package with the Chinese for over US$16 Millions, and the Prime Minister reminded the new official that we are still waiting for the sports section of the Stadium to be completed. Nothing was said about what the Chinese getting in return, and still no word about the “un-level playing field in the contractors ball game between Chinese and Grenadian Builders”. But then again, these things are never said or addressed by those whose duty it is to do so – so we usually have to wait on those who are benefiting from those scam deals, to come out and try to justify them to john public. As those old folks used to say – the longest day must come to an end, nothing material can last forever. On the other hand, mind you, and many persons keep on reminding me of that almost insane weakness in our people’s human nature. They ketch their “nen-nen” for years, and they complain bitterly during those years; but no sooner they receive a little hand-out, and especially if it comes in U.S. dollars or Pounds Sterling wrap up in a jersey or little gift package – they mysteriously forget all about their sufferings for all those years, and the long-time oppressors suddenly become angels of mercy, with a new vision, or mission, and the Creditation to take them to the promised land. That situation cannot, and must not be dismissed out of land- but if and when it does materialize then they will deserve what they get, when they get it. A couple weeks ago, I dealt with the question of the U.S.A. laws and convention on the issue of State immunity and how the Head of state and the head of Government of a sovereign State were considered and treated by the U.S. Executive President. And that came about because our Prime Minister had been granted Head of Government immunity by the U.S. Government - in the case involving Resteiner and Mr. Howland of Boston. I subsequently got a copy of the judgment by Judge Leo Glasser, a U.S. Senior District judge in Brooklyn New York, dated December 5th, 2007. The Plaintiff Howland conceded that Dr. Mitchell was entitled to immunity, because of the suggestion by the U.S. Executive to the Court, and he consented to the dismissal of his claims against both Dr. and Mrs. Mitchell. But in so doing he asked that the dismissal of his claim should be without prejudice, so that he may revive his claims at some point in the future, when Dr. Mitchell is no longer the head of a Sovereign state. That request seemed very reasonable in my view, because the Plaintiff’s claim had not been tried by the court and the Defendant had not even put in a defense to the claim. All he had done was used his head of Government position, to get immunity from the Court’s Jurisdiction – upon the suggestion of the Executive branch of the U.S. Government. The Prime Minister’s Lawyers, no doubt with his fullest approval and the continued payment of their costs, argued forcefully that the court should not only dismiss the case against him on this occasion – but an order should be made to clothe the Prime Minister with immunity for ever in this claim. In other words, whether the Prime Minister did, or did not, receive any sum at all from that con-man Resteiner, who pleaded guilty to stealing millions from Howland and others and is now behind bars in the U.S.A., his actions or omissions should never be questioned in a Court of law – in the homeland of the people who lost those millions. The Court in New York rejected that argument and left the door wide open for Mr. Howland to bring back his case, if and when the Prime Minister no longer holds that lofty position. Of course the Prime Minister’s part in the visit to St. Moritz in Switzerland, were also not questioned in the Commission of Inquiry appointed by the Governor General here at home – he was never called to give evidence before the Commissioner. And although that official was supposed to have handed in his report -judgment since September 30th – we have yet to hear if he did, or what he wrote in that report. As all these and those types of shameless carry-on, keep on being repeated time and time again ad-nauseum – the little insignificant chap who gets caught and brought before a Court of law, where he is tried and convicted and made to pay the penalty for the offence committed, he is being paraded as the symbol of confirmation and assurance, that the justice system is alive, healthy and worthwhile. What a farce, how tragic, where is the legacy? Fortunately, the court of public opinion – when fully informed, attentive, and awake – can make some amends and narrow the gap of injustice. And even as we celebrate that famous birth over two thousand years ago, and we recall that so long ago he too received injustice from the court of those days, and paid the ultimate penalty of death on a cross – we can continue to live in hope, because of our faith that good will always triumph over evil. To all those who take the time out to read this article most weeks – whether you agree or disagree with my opinions that is not important – but do have a peaceful, enjoyable, and spirit filled Christmas 2007.
 

 


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LAW AND POLITICS - SO MUCH IS MISSING THIS SEASON!!