CATEGORY: COMMENTARY
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By Lloyd Noel (Attorney-at-law)

All the above descriptions or adjectives - as well as the hundreds of others being used or devised, to describe or attempt to explain what is happening in our CARICOM state of T&T - are flooding the Media and airwaves now-a-days, as though the happenings are so brand new and totally un-expected. Maybe things are being said, or attempts made behind the scene, to avoid the wider regional involvement - but nothing is coming from the CARICOM Heads of Government or its Secretariat on the matter.

Our own OECS Bars Association President has come forward to share his concerns on behalf of the Association - but the Umbrella body is silent.
It makes one wonder - whether they are too concerned about the possible impact on their struggling -to-get- off-the-ground C.C.J, that they are lost
for credible words to explain away the political immaturity that so many of us are worried about. Whatever the feelings by whichever side in T&T - The Executive versus the Judiciary saga, in the person of the Chief Justice especially, continues
un-abated over the past week or two.

The President of T&T made a public statement, in which he threatened to take some action though he did not specify what it was. But the contents of his Statement did not go down very well with a section of the people. In fact, some were saying his was not very different from the A.G’s outbursts some days before. However, whatever was taking place behind the scene we may never know - but it must have been enough to force or persuade the Chief Justice to step down from sitting on the Bench. A statement from him, or on his behalf, to the media confirmed that he had decided to stay off the Bench, but continue to perform his other administrative duties pending the outcome of the Cases for Judicial Review brought on his behalf.

I was also informed by a colleague in London, on Thursday last week, that at the Privy Council sitting on that day - statements were made by Counsel appearing before the Law Lords, apprising them of some of the action taking place in T&T; and, as it were, giving advance notice that the matter is
destined for their Lordship’s Board in due course of time.

So much dirty water has passed under the bridge of the Administration of Justice, that the expected clear stream of due process to uphold the rule of
Law, and equality before the Law - must have become discolored along the way. But whatever the outcome of those matters involving the Chief Justice - the
fundamental principle, and the time-honored doctrine in support of the separation of powers, that under-pins the written Westminster Constitutional
Models, would have taken such a beating and brought into such odium and contempt and dis-repute - that it would take a very, very, long time to
recover, and to restore the trust and confidence that the ordinary citizen ought to have in an independent judiciary, free from political control and executive meddling.

And whether it was, that those faced with coping with a most unusual and un-believable set of circumstances, involving the very Head of the
Administrations of Justice and the Judiciary, they were at a loss how to proceed.

The long delays in dealing with the challenges made by the Chief Justice, against those hell-bent on removing him, were baffling to say the least.
The matters are as serious as any that will usually come before the Courts, and they deserved priority treatment and speedy resolution. In that context
therefore, I just could not understand the dates for hearing set for September and October since in June and early July.

At the time I started writing this column, I heard the news that the Court of Appeal in T&T had promised a decision for Monday 31st July - in the
challenge by the Police against the High court Judge (Justice Jones) ruling, that no charge can be brought against the Chief Justice, until the Judicial Review matter was decided. So I will come back to this matter further down.

In the meantime, and with all eyes and ears centered on the T&T fiasco between the Executive and the Judiciary - most other issues have been
side-lined or pushed to the background; but they have not gone away nor have they been
resolved, only taking a backseat while they continue to ferment and increase in tension.

The same could be said about the atrocities being inflicted on the Lebanese people and Country, by the Israelites with the tacit approval of the U.S.A.
and Britain. The mass Killings and destruction of the major infrastructure in Lebanon must be disproportionate on the one hand; and the actions are those of a medium-size Bully, who is fully aware that it has the full force of a “Super Power Bully” behind it, on the other hand.

And while every reasonable person would initially have agreed, that Israel has to defend its land and its people against attacks - those same persons
must also accept, that the pretended defense and rescue of two or four soldiers have gone way overboard.

But the equally dangerous fall out, that will more than likely arise, or result from the brutal and grossly in-humane attacks on defenseless
civilians - is that the terrorists elements, and other enemies of Israel, will use the on-going tragedies to unite their forces, and combine their own tactical methods of mayhem to retaliate and get their own kinds of satisfaction. And therein lies the real tragedy, and the fallacy that bombs and bullets and missiles could settle disputes and bring people under submission and servitude.

For us in these parts, with a major world event just months away from our Towns and Cities and Airports - where Security and upscale vigilance,against even our local misdemeanors by comparison, are not even in the sub-division league of the global requirements - we have some major issues
to confront and combat on our plates. CWC2007, almost on the American back lawns, could be in the running for very heavy and expensive Security
arrangements - for additional safeguards, in protective anticipation of the Thousands expected from all over the free World. Should they still decide to come.

Before the recent ICC meeting with its Advertising Sponsors in India, I am sure I heard of some concerns raised by an ICC Official - about the progress of work and other arrangements in the venue areas for matches. They had better add to their Agenda, very up-scale increase in their security arrangements and funding allocation.

In our own Grenada situation, the work on the Stadium is progressing, and from the outside it is looking reasonable. The other road works and Bridges, have also started, but the uncertain weather in this rainy season is not helping matters along. The picture, of all CWC2007 aspects as a whole, from the on-looker’s position - does not
appear very comforting at this stage. And time is moving on.

Outside the four or five areas in Grenada, where work is in progress in conjunction with CWC2007 - nothing or very little else, is happening to
boost the Economy, or assist unemployment; and the cost of living is rising almost daily, but certainly with every new shipment of goods of any and every description.

In short, everything else is on hold- except the constant old talk about CWC2007, and the very few areas of activity associated thereto.Carnival is being vigorously promoted, no doubt as a welcome respite to jump up and prance, and fete the hard times away; i.e. those who can afford to, and those who, under pressure can get their needs sponsored.
But Carnival would soon be over and gone until next year, yet there would still be four and a half months of this year to cope with - so what is
forthcoming to see us through?

The thousands of youths who had been promised some relief through the “Imani” programme, (three thousand was quoted at one stage), are still
waiting and hoping against hope. A few dozens have been taken on, after the many parades they had to go through at different places, in preparation for the promised day. And after over two months of having to find bus fares, and lunch, and appropriate
clothing, they are just getting the first month’s pay of $700.00 - while the many others are still waiting on the Administrative (money) machinery to
print out some more scarce dollars. It cannot be easy for them.

But one worrying aspect is most definitely on the ever-increasing rise, up and down the Island, and that is violent Criminal activities. The gang-violence phenomenon is a serious cause for concern, and somebody had better pull the fingers out and take some very urgent action to stem the worrying trend. The Police are making some token noises, and no doubt trying their best - but a lot more needs to be done, and done speedily; because idle hands , and minds, will always find fertile lands, to sow inequity and produce dis-harmony.

All the old talk about Growth in the Economy, and credit-worthiness, and being able to service the One point five Billion dollars debt, are just the
same re-cycled ole talk. Something more positive has to be created, and implemented without any further delay or ado. I am warning the powers-that-be, and all those in civil society who have the ears and eyes and attention of the power Barons - to wake up and get ready to-day, tomorrow may very well be too late.

I have now discovered, late Monday a.m., that whatever the decision of the T&T Court of Appeal - in the challenge by the Police and the Executive as a whole, against the High court Injunction prohibiting the arrest of the Chief Justice until his Judicial Review application has been heard and determined - no further action to arrest him could be undertaken for the time being.

The session at the Privy Council in London, which I referred to above, was a special one to deal with the Chief Justice plight in T&T. And at that session, the Privy Council secured an undertaking from Attorneys representing both the Chief Justice and the Executive - that the Chief Justice must be given all legal opportunity to have his challenge heard and his case determined, even up to the level of the Privy Council.The undertaking went into immediate effect on the said Thursday; and the
State/Executive also had its Appeal heard on Friday, as all parties agreed the matter was worthy of speedy dispatch in the public interest.

At least, and as I would have expected in under the circumstances, the Privy Council saw the significance of what was taking place in T&T, and have moved to forestall further irreparable damage to the systems and the society from which Justice is expected by one and all.

Some of the comparisons being made - about criminal elements wanting to know, how they can get the High Court to prohibit the Police or the D.P.P.
from bringing Criminal charges against them - are too ludicrous to deserve comment. There is only one Chief Justice, and one Judiciary embedded in the Doctrine of the Separation of powers under the constitution: They deserve priority.