CATEGORY-COMMENTARY
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By Lloyd Noel



“In my very sincerely considered opinion, I feel that those at Richmond Hill have more than paid their requisite price to Society - for the offences of which they were convicted; even though I firmly believe that the trial of those ‘Seventeen’ was seriously flawed. And in the spirit of True Reconciliation, they should be released, over a very shortly - phased fixed period.”




With the closing ceremony of the 27th Heads of Government Meeting of the Caribbean Community, in Birds Rock, St. Kitts, on the Seventh July, 2006, it
can truly be said - that with only half of this year completed, the Region has witnessed substantial developments in various fields.

And whatever anyone’s political leanings maybe, or however deeply felt the concerns and misgivings maybe justified - the facts remains that what have
been done or accomplished are the reality, and we have to live with those realities, try our utmost to make them work in the people’s interest and
welfare, while leaving the final outcomes to the Almighty.

But anyone, and that includes everyone, who maybe thinking that the road ahead, and the road-map printed out in Basetterre last week are going to be
easy riding - as regards the political, social, judicial and developmental needs of our Caribbean people in the future - then he/she/they had better
start visiting local Health Clinics, or Hospitals for sanity examinations or treatment.

Forty-four years after our first attempt in the Region, to come together as one Caribbean or West Indian people, failed to take root and grow as a
united and integrated single Bloc, under the name of The West Indian (West Indies) Federation (1958-62) of Ten (10) Contracting Colonial States - our
Leaders succeeded in getting Twelve (12) Independent States this time, to get back on the Road towards Unity and Integration.

And since those States had long since severed their Colonial status in the political arena, but had retained the Judicial and Legal ties with the
Mother Country in England - (all except Suriname & Guyana); they have now taken the requisite steps to finally sever the last knot - towards achieving
total Independence and full sovereignty, by also creating a Final Court of Appeal for the Caribbean, and Suriname and Belize & Guyana.

Of course, the Caribbean Court of Justice (CCJ), for Final Appeals to replace the Privy Council in London, has only been adopted by the States of
Guyana and Barbados to-date. There are many other abnormalities in, about,and towards the true functioning of a United and fully integrated Caribbean Region - but we are on the road.

And perhaps those who still oppose the new movements in the present forms, and who are not prepared to stay put and help make or bring about the
necessary changes, or continue to oppose - they will have to either go mute, or join the vast Caribbean Community in one of the three major diasporas in
England or the Americas.

But the reality is, that the Six OECS Members of CARICOM, who had agreed in January that they would enter fully by June 30th - they did so, and now
there are Twelve participants in the CMS(E), but still only Two who are using the Appellate Jurisdiction of the CCJ.

At the recently concluded Heads of Government Conference in St. Kitts, a number of very important issues were discussed and many agreed upon -
especially those matters which pertain to the CWC 2007; like, for example, Security, Visa requirements, the Sunset Legislation to be passed by the Nine States where Matches will be played (Barbados has already passed the said
Legislation), and the whole question of immigration and Customs operations in the various States, to ensure the smooth movement of the many thousands
expected to visit the Islands for CWC 2007.

As for the CSM(E) itself, many burning concerns were addressed and amendments made or assurances given to satisfy some of those concerns. The Regional Development Agency and The Regional Development Fund were mandated to be fully operational by the 28th Meeting of Heads of Government in July
2007, and the contribution formula for the RDF was agreed upon, and the proposed figure for the fund is now upgraded to $250. Million U.S. While
the categories of Nationals now entitled to move freely within the Community, have been expanded to include Nurses and Teachers (except in Antigua and Bermuda, but I do not know why). And decision on three other groups has been deferred, for further elaboration on certification procedures.

Strangely enough, the only mention in the Communiqué issued by the Heads at the end of the Conference, in direct relation to the CCJ - was a statement,
that all Twelve Members States singed a Protocol to the Agreement Establishing the CCJ, relating to the Tenure of Members of the Regional Judicial and Legal Services Commission (RJLSC).Those persons are responsible for appointing the Judges of the CCJ - except the President, who is appointed by the Prime Ministers.

It can very truthfully be said, or admitted, that those Heads never had so many significant and far-reaching matters on their Agenda for discussions
and agreement. Whether, or not, those discussions and agreements will turn out to be just another occasion for ‘talking shop’ among themselves, with no fruitful results to follow - only time and the implementation, or the lack or absence thereof, will tell in due course.

On the issue of the Judiciary, the Heads were very quiet at their Conference in St. Kitts. But one or two occurrences, in our own backyard in
St. George’s, have been revealing and deserve mentioning. We have had allegations, by Mr. Hugh Wildman, in the distant and recent past about the behaviour of certain Judges - their bias against him, and by extension the Government he represents, and their close association (says he) with Lawyers in the Bar Association and the injustices resulting
therefrom. The grapevine Legal news Bulletin, have revealed that our Prime Minister apparently made the same, or similar allegations, during the recently held OECS 25th Anniversary Meeting in St. Kitts. And as a consequence thereof the Atg. Chief Justice, Hon. Brian Alleyne, came to Grenada last week Friday to hold a meeting with the Prime Minister on the matter. No official statement was put out, whether before or after the meeting - but I am certain that the meeting was held.

If it was about the grapevine news item, it would have been most ironical, to say the least, because as readers may recall - it was the self-same
Justice Brian Alleyne, while a High Court Judge on the Grenada Bench, who was taken to the same High Court by Mr. Hugh Wildman for Bias against him.
The outcome of that case is part of our disgraceful Legal history, in the context of how our Governments treat the Judiciary.

But on the very Friday of that fateful meeting of the Atg. Chief Justice and the Prime Minister, in the No. 2 High Court presided over by Justice
Davidson Baptiste, my very reliable information from the Lawyer for a Guyanese National, who was before the Court opposing an Immigration Order to
deport himself and his Family from Grenada, is quite a significant step in the dishonorable manner Hugh Wildman and the Government he represents have
been treating our Judges.

After the Lawyer for the Guyanese entered his appearance, Mr. Hugh Wildman, who was present in Court with the Crown Counsel from the Attorney General’s Department, stood up to make his appearance. Before he could have done so,
the Judge interrupted him to announce, that he was recusing himself (refusing to sit in the case with Wildman appearing) - because of Wildman’s
malicious and derogatory statements about the same Judge, when he ruled against Wildman in the Judicial Review matter which Wildman had brought
against the last Chief Justice (Justice Adrian Saunders), and the Judicial and Legal Services Commission (JLSC), earlier this year. And the Judge
promptly adjourned his Court and walked off the Bench. The case would have to be put down before another Judge to hear and determine the matter.

The Judge was quite correct to refuse to hear Mr. Wildman in any matter - until he has publicly purged his Contempt by apologizing for his scandalous
outburst against the said Judge. In fact, Mr. Wildman was lucky to have gotten away for all those months since his outbursts. He should have been Summoned to appear before the Judge, very soon after his public statements, and cited for Contempt, with the possible outcome of being sent to Prison for the offence.

If our Institutions are not protected and safe-guarded, from such disgusting and un-acceptable behaviour by whoever, there will be nothing left for those coming after us to inherit and be guided by. And the Rule of Law, the Courts, the Judges and Magistrates, the Judiciary as the all-encompassing last bastion in any Civil and democratic Society -
must be the number one Institution for such un-qualified protection.

And we also had the long-awaited report, from the Truth and Reconciliation Commission (TRC), being laid in Parliament in the last two weeks.
The report was handed in to the Governor General some months ago, and I expected the powers-that-be would have been going through it themselves
before making it public. But I also expected them to print enough copies for sale to John Public - yet up to last week the Government Printery had none
for sale and could not say when any would be available. Be that as it may, we have been getting tit-bits from the Government Minister of Legal Affairs, and from the Media people who were presented with copies.

Two aspects seem to be highlighted from the Report. One is emphasised, as the need for whatever efforts needed to recover the remains of those bodies, which were reportedly burnt in a mass grave at Camp Calivigny in St. George. This one, some are saying, would help bring closure to the deep hurt and revengeful tendency many feel. It seems to me, that if that aspect is a pre-condition to healing and eventual closure, before reconciliation, then we will never achieve that phenomenon. And that is so, because from all accounts finding the said remains is impossibility.

The second aspect has to do with the Seventeen (17) persons, who were convicted for the October 19, 1983, massacre on Fort Rupert, and are serving life Sentences (three on fixed sentences) in Prison. Apparently, the report recommends some form of new trial, or commission, or investigation, to get to the truth, the whole truth, and nothing but the truth of the matter. If that was possible - would it really bring closure to how some still feel?

I have very serious doubts about that aspect. In my very sincerely considered opinion, I feel that those at Richmond Hill have more than paid their requisite price to Society - for the offences of which they were convicted; even though I firmly believe that the trial of those ‘Seventeen’ was seriously flawed. And in the spirit of True Reconciliation, they should be released, over a very shortly - phased fixed period. I have no doubt that they have repented, and they pose absolutely no threat to Society in these days and age.

The cases of the Fourteen, on leave to appeal to the Privy Council, are due for hearing in December, 2006. The Petitions for Special Leave to Appeal, by the Three on Manslaughter convictions, have been refused by the Privy Council and they must serve their Sentences. As we wait on possible outcomes in all the headline areas, the question still remains - what next?



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