THERE WERE two significant court rulings in Grenada this week, both with extreme national political implications and widespread regional interest. The first involving those convicted of killing Maurice Bishop and his other comrades at the tail-end of a bitter leadership feud in October 1983; and the second, a ruling on an opposition petition to declare one of the contests from last November’s general elections null and void. In a stunning ruling on Tuesday, High Court Judge Kenneth Benjamin ruled that the sentencing of Bernard Coard, Ewart Layne, Leon Cornwall, Selwyn Strachan, Hudson Austin and the others convicted of killing former Prime Bishop was illegal and unconstitutional. The upshot is that the men are to return to court late in April for new sentencing, and while they can get anything from immediate release to a new life sentence, given the current legal mood the former is more likely. That has presented a headache for the government, with officials meeting several times this week to decide how to react. It is now almost a given that there will be some form of appeal of Justice Benjamin’s ruling, which will effectively delay the current process. One top government official told CARIBUPDATE that allowing things to take its natural course is almost certainly out of the question. The issue is very much political as it is legal, but the comments this week by Attorney General Raymond Anthony that the potential release of the men can cause political instability is unnecessary hysteria and complete hog wash. Where is that instability going to come from? Most Grenadians have not necessarily forgiven, and definitely have not forgotten the events of October 1983, but they are less emotionally charged about the entire affair. The realities of just fighting to survive in an increasingly consumerist society have sure taken its toll. But more importantly, a whole new generation has grown up in Grenada since, and most people under the age of 25, which is now a sizeable proportion of the population, deal with October 1983 as an interesting passage in history rather than the alter where a dream of their parents’ generation was crucified. While it is hardly scientific, most people interviewed by the Grenada Broadcasting Network in a vox pop aired Friday night gave the impression that most could care less what happens from here one way or the other. A sizeable amount said the men would be freed anyway – something that would have been difficult to get 10 years ago. A certain fatigue about this entire episode is aggressively creeping into the society and the flames of anger over the unforgivable madness of October 1983 are flickering. In fact more Grenadians are getting what Anthony has failed to see. In 2004, Coard and his company are a threat to no one. And there is no need to force them into exile into a foreign country if they are indeed freed, as has been suggested in some quarters. Legally that can’t be done and practically, it is not necessary. Fighting unnecessarily to keep them behind bars also is no trophy, or for that matter any tribute to the amazing legacy of Bishop. That legacy will be best served by using government’s time and money to implement more socially-conscious policies of the type Bishop would have been proud. The other case this week concerns the ruling against the petition filed in the name of George Prime, the deputy political leader of the National Democratic Congress, against the results of the elections in the Carriacou constituency. That poll was won by Elvin Nimrod by a mere six votes. Listening to the legal people, Prime’s arguments seem to have merit in law. But the petition was thrown out by Justice Charmaine Pemberton, as we understand it, on two grounds – the timing of the filing and the fact that he paid the registry in cheque rather than in cash as the rule seem to stipulate. Even if that is so, it cannot be understood why the people at the registry will accept a cheque payment when the rule say it should be cash. And given that fact that they did in fact accept the cheque as payment, then where does the obligation lie now? (Anyhow that’s just the musings of a lay man). Speaking on behalf of the legal team, Lloyd Noel was quoted on Friday by NEWSBREAK as saying that the ruling is to be appealed. However there is a feeling that there is little appetite for a prolong fight on this one, especially by the candidate Prime himself. But that should not come as a surprise to those who understand that Prime lost the battle in the first place not only to the admitted inefficiency and in some cases incompetence of the people who run the elections, but equally the management of his own campaign. Additionally, given the conservative ruling record of Pemberton, the feeling is that the case will not go anywhere fast anyhow. Given these realities, maybe the opposition’s best interest, time and money might be served in getting back to the basics of working harder on the ground, hoping to win among people that matter in the long term, rather than holding out for an unlikely victory in the court in the short term. SOURCE: CARIBUPDATE.COM