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4/7/2004 
PRIVY COUNCIL RULES AGAINST GRENADA GOVERNMENT  
ST. GEORGE‘S, Grenada: Five law lords of the British Privy Council have ruled against the Grenada government in a case involving a Dominican company Dipcon Engineering, thus overturning a judgment made by the OECS Court of Appeal. "The government would now have to find close to $17 million dollars in these hard economic times,” says Public Relations Officer of the main opposition National Democratic Congress (NDC), Nazim Burke, “to pay out due to its lack of respect for people and disregard for law.” He believes that the ruling New National Party government of Dr. Keith Mitchell is bringing more hardship on Grenadians in light of this ruling that he says was expected. In 1994 the government entered into an agreement with Dipcon for the lease of a quarry and provided for it to be worked for an initial period of 10 years. However the government terminated the agreement in November 1995 and in 1996 forcibly dispossessed Dipcon from the quarry. In June 2001, adviser to the Grenada government Jamaican born Hugh Wildman issued proceedings against Justice Alleyne alleging bias or real danger of bias seeking a declaration that the judge ought not to adjudicate in any matter in which Mr. Wildman appears as attorney at law. This action was roundly dismissed as wholly misconceived and frivolous, vexatious and an abuse of the process of the court. Justice Brian Alleyne ruled then that the government should pay special damages to Dipcon in the sum of some $11.2 million plus interest. But in an appeal to the OECS court of appeal, Justice Alleyne’s judgment was overturned. Attorneys for Dipcon, Celia Clyne Edwards and Company, appealed to the British Privy Council where the law lords castigated the appeal court for not having enough regard for Dipcon’s interests. Lord Brown of Eaton in delivering his judgment said, "The court had properly to have had regard not merely to the government’s interest in this but also to Dipcon's. Could it really be right, five years after a regular judgment was entered following the government’s unexplained breach of a peremptory order, to deprive Dipcon of its benefits and at that stage require them to litigate a claim which for four and a half years they had no reason to suppose would be contested? It seems unlikely that it could and certainly to have done so would have required a process of reasoning beyond that to be found in the Court of Appeal's judgment." Reprinted from Caribbean Net News caribbeannetnews.com
 

 


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PRIVY COUNCIL RULES AGAINST GRENADA GOVERNMENT