As the carnival season enters its prime stage with finalists for all the main events already announced, Grenadians are caught up in this our premium cultural event. And rightly so as it provides a medium for enjoying ourselves and looking at the lighter side of life. Even if the ole mass and calypsos remind us of our sufferings, the humour they provide lend a brief respite during the season; so lets cleanly enjoy ourselves by all means. But quoting two-time calypso king Black Wizard “When the carnival over……” Will Grenada be faced with a court Judgment of $1.35 billion? Our people need to be reminded of the accusations made by members of the NDC government when they were in opposition in respect of bribery allegations against Gregory Bowen whereby the general public was made to believe that he asked a pseudo-investor Jack Grynberg for a bribe. This serious allegation cast aspersions on the leadership of the NNP administration and together with other propaganda and tall promises played a major role in determining the results of the last general elections. It is public knowledge that Grenada in 1996 signed an agreement with RSM Production Corporation of which Jack Grynberg is the CEO, for the grant of a licence to explore for oil and gas in Grenadian waters. It is also public knowledge that Grynberg put the agreement in abeyance and did nothing for nine years except to illegally sell exploration rights that he did not have. It is also public knowledge that the Government in 2005 terminated the agreement. Later that year after failing to get the Government to rescind its decision, Grynberg and RSM took the matter to arbitration before ICSID (the International Centre for the Settlement of Investment Disputes) claiming that he was wrongfully terminated. Grynberg demanded US$500million in damages from Grenada. What may not be public knowledge is that Mr. James Bristol was Grynberg’s lawyer and gave evidence against Grenada in London on Grynberg’s behalf. It must be recorded that one year before becoming Attorney-General of Grenada Mr. James Bristol participated in the effort to make Grenada pay US$500m or as the present Minister for Finance will put it, create a burden of EC$15000.00 for every man, woman and child in Grenada. Mr. George Worme’s recent television attempt to accuse Mr. Bowen of giving misleading information with respect to Mr. James Bristol representing Grynberg is easily put to rest when one examines the first paragraph of Mr. Bristol’s statement to the Arbitration Tribunal in London ‘In the Matter Of An Arbitration under The Arbitration Rules Of The International Centre For The Settlement Of Investment Disputes, ICSID Case NO. ARB/05/14 Between RSM Production Corporation -v-. Government of Grenada’ found on page 446 Vol. II of the Written Submissions and Procedural Orders My name is James A. L. Bristol of L’anse Aux Epines in the parish of St. George, Grenada. I am an Attorney-at-Law and a partner in the firm of Henry, Henry and Bristol of Lucas Street, St. George’s, Grenada. My firm represents RSM Production Corporation. Besides, in Section 24, page 10 of the Arbitration Award [See below] the Tribunal stated the persons and their associated law firms attending the main Hearing before them on behalf of RSM against Grenada. James A. L. Bristol of Henry, Henry and Bristol was one of them. These two paragraphs give the clear picture. 24. The Main Hearing was attended, on behalf of RSM, by Arthur Marriot QC, Thomas Geuther Esq, Zoe Warwick Esq and Joshua Rosenthal Esq (all of LeBoeuf, Lamb, Greene & MacRae (now Dewey & LeBoeuf LLP)); Me Philippe Auzas (of Grand, Auzas & Associés); Mr. James A.L. Bristol (of Henry, Henry & Bristol); Mr. Jack Grynberg (of RSM) and Mr. Richard Ward (also of RSM). It was attended, on behalf of Grenada , by Jan Paulsson Esq, D. Brian King Esq, Jonathan J. Gass Esq, Laura Halonen Esq and Fiona Richardson Esq (all of Freshfields Bruckhaus Deringer LLP); Senator Gregory Bowen and Mr. John Auguste (of the Government of Grenada). While an international ICSID Tribunal of renowned repute was considering the matter, Grynberg in consultation with his local conspirators, filed a similar law suit for tortious interference with his economic interest in the court in New York against the then Minister Gregory Bowen and others including British Petroleum, its Chairman Lord Browne, its affiliates and the Global Petroleum Group claiming that each of these corporate entities paid bribe monies to Gregory Bowen and other Government officials in a conspiracy to terminate the agreement and award it to British Petroleum or one of its affiliates/subsidiaries, vastly different from the NDC propaganda that Grynberg took Bowen to Court in NY for asking him for a bribe. The New York claim therefore casts aspersions on all former Ministers now in or out of Parliament, as well as public servants with respect to receipt of bribe monies. Both the Attorney General Mr. James Bristol and Lawyer Anslem Clouden worked for Grynberg in this matter and this lawsuit also asked the court to award damages of US$500million against Grenada. Besides the election propaganda, Grynberg wanted another avenue to extract monies from Grenada anticipating that he would lose the London Arbitration. The court in New York threw out the case with prejudice making strong statements about the odious and unethical tactics of Grynberg in February of 2009 and the London Tribunal later in March ruled that RSM Production Corporation was lawfully terminated. Instead of a public apology to Gregory Bowen and the former Government members, the NDC government refused to continue payment to the lawyers defending the case in New York and Grynberg was encouraged to appeal the matter. The lawyers have therefore obtained leave from the NY Appellate Court to withdraw their services leaving Grenada the only one of eight Appellees who will not submit a defense before the court. The Leader of her Majesty’s Opposition has been assured during his recent visit to the USA that while the appeal has no chance of succeeding, Grenada will face a default judgment. The ramification is a burden of US$500million in damages on the backs of Grenadians simply because this NDC Administration wants the name of Gregory Bowen to be tarnished for selfish political reasons. One should be mindful too that if this is achieved, NDC’s next step will be to bring to the attention of the public the full false claim that many Government officials received bribe payments and to start pointing fingers at the entire past NNP Administration in a new round of propaganda. With a default judgment there will be no way to challenge these unfounded accusations. For these selfish immoral and unethical political reasons, Grenada is being left to face one billion, three hundred and fifty million EC dollars in damages. Many letters were written to the Attorney-General Mr. James Bristol apprising him of the situation, yet the principal legal advisor to Government refused to act, displaying his clear conflict of interest. The NDC administration who was so concerned with the size of the national debt when in opposition seems not to care about a drastic increase of $1.35 billion. The Grenadian people must therefore ask - who stand to benefit? Mr. James Bristol has since been forced out of office for a different reason with the government release citing the high integrity standards of Prime Minister Thomas for this action. What the public must realize is that Prime Minister Thomas showed no integrity when he appointed Bristol who represents Grynberg/RSM Production Corporation and worse yet with his client actively engaged in two major litigation exercises against the state; the NY case and the London Arbitration each for $1.35 billion in damages. The public must recall other conflicts as the Cap-Bank/GOG/ECCB matter that will and have come into play with the appointment and which were acceptable according to the Prime Minister’s standard of integrity! Obviously Mr. James Bristol recognized the paucity in integrity of the Tillman Thomas Administration in making him Attorney-General in these conflicting situations and felt that he could continue with his modus operandi i.e., no standard of integrity to maintain, do not defend the appeal brought by his client even if it is his duty to defend Grenada. No wonder Mr. Bristol expressed shock at the Prime Minister’s unexpected decision. We must now seize the window of opportunity provided by developments to save Grenada from the catastrophe that will ensue from a lack of defense. We need to engage new lawyers to defend our country and people. To do this we as a people must urgently raise the financing ourselves, or get the Government to do so. The Opposition and New National Party have done what they can; get a new law firm to study the case in readiness for the timely submission of a defense if the Government decides to pay. Fortunately because one appellee requested a month’s extension, the deadline for the defense is now 21st August 2009. Lawyers for successful claimants usually receive at least 10% of the award. Preventing a defense will open the door for about $135.0 million for Grynberg’s lawyers. While others still stand to gain, a new Attorney-General not plagued with a conflict of interest, should advise the Government to move speedily to protect Grenada. The Government announced that with victory for Grenada against Grynberg/RSM, the door is now open for delimiting the boundaries between Grenada and its neighbours, Trinidad & Tobago and the Bolivarian Republic of Venezuela allowing us to follow up on the exploration for oil and gas. With the appeal this is no longer the case as both neighbours will revert to their former stance until the outcome. With a default judgment against Grenada, there is no hope for a boundary settlement or for the full exploitation of our resources. Besides RSM has indicated that it has initiated proceedings to annul the ruling of the Arbitration in London and have the matter reheard before a new Tribunal notwithstanding the general feeling as expressed by Anslem Clouden who works for Grynberg that this will be an exercise in futility. However Grenada will still have to defend again. Yet there are those in Grenada besides his lawyers who support Grynberg. Guess who! And you should be able to determine the reason also. (The above is a perspective of Grenada Opposition. The views and opinions expressed are those of the writer and not necessarily those of the Grenadian Connection staff)