P 0 Box -65
THE GRENADA NEWSLETTER *0| -----
For The Week Ending October 9th 1976
ACTING ATTORg Y GENERAL'S APPOINTMENT QUESTIONED
The October Assizes: of the Grenada High Court came to an abrupt halt
last Tuesday. (5th), the first day of its sitting, when the validity
of the acing appointment of Attorney General and Director of Public
Prosecutions, Mr Erneat Jhn, was called into question.
Barrister-at-law Lloyd Noel submitted to Mr Justice Archibald Nedd
that, according to Grenada's Constitution, Mr John's a ting
appointment came to an end on or about August 13th when the Judicial
Tribunal appointed to investigate charges against the island's
Attorney General and Director of Public Prosecutions, Mr Deamond
Christian, had reported to Governor General Sir Leo de Gale.
The background to Mr Noel's submission is that, on May 7th last,
Mr Christian was suspended from exercising the functions of his
office following charges made against him by Prime Minister Gairy.
A Judicial Tribunal investigated these charges and, although the
Tribunal's Report has not been published, Radio Grenada announced
on August 15th that Mr Christian had been cleared of all charges.
In the mean time, however, Attorney General Christian had been
deported from Grenada as a "laaibibed alien" on August 3rd, and
although the Deportation Order against him was lifted after the
Tribunal reported, Mr Christian has not returned to Grenada.
In making his submission to the Court, Mr Noel cited sub-aBetion 9
of section 86 o1 the Grenada Constitution ahich state that, with
'reference to the suspension of the Attorney General and Director
of Public Prosecutions, it "shall in any case ease to have effect
if the Tribunal recommends to the Governor General that the Director
of Public Prosecutions should not be removed" from office.
Based on this, Mr Noel was of the opinion that Mr Christian's
suspension had come to an end automatically when the Tribunal
cleared him of all charges made by Prime Minister Gairy. Just
as automatically, Mr Noel said, Mr John's acting appointment had been
terminated on presentation of the Tribunal's a Report to the Governor
General and therefore, all the documents before the Court bearing
THE GREMADA NEWSLETTER Week udi ng 9,10.76
Mr John's signature as Director of Publio ProseoutianS w*ro ilu31 and
void and of no effect.
Mr Justice Nedd said this submission affected all cases before the
Court and he suspended the sitting until the following morning when
he would give his ruling.
When the Court resumed on the 6th, Mr Nedd ruled that Mr Brnest
John was legally and constitutionally the acting Attorney General
and Director of Public Prosecutions, and His Lordshipts finding
was based on sub-section 10 of section 111 of the Grenada
This sub-section reads, "Where this Constitution vests in any
person or authority the power to appoint any person to act in
or exercise the functions of any office if the holder thereof
is himself unable to exercise those functions no such appointment
shall be called into question on the grounds that the holder of
the office was not unable to exercise those functions."
GOVERNMENT ACQUISITION IIJEGAL
In the Grenada High Court of Justioe presided over by Mr Justice
Archibald Nedd, a judgement was handed down on Tuesday September
28th that Government had failed to comply with certain requirements
of the law and, therefore, the acquisition of the 275 acre Booage
State on the island's west coast was illegal. Mr Nedd ordered
that the estate be handed baos to its owners by Tueeray October 5th.
Bocage Estate, the property of the late P G Hosten who died on
January 5th 1975, was taken poseasion of by Government on May 2nd
1975, the date of the second of two statuary publications of
acquisition in the Government Gazette. These publications
stated that acquisition was "for a publicpurpose", and the case
arguedbefore Mr Justice Nedd was that the specific "public
purpose" should have been set out aind, therefore, the acquisition
was wrong in law.
The plaintiffs sought damages for unlawful entry_and occupation,
profit made by the estate and compensation for depreciation in
THE GRElNDA NEWSLETTER-- Week nlding 9.10-76
value while in Government's possession. The total value of the
clatm has not been assessed, but it is understood the plaintiffs -
allege a loss of income of some EC0200,000.00.
In an exclusive interview today (8th) with NEWSLETTER, Mr Lyle
Hosten, Council for the p3xintiffas disclosed that, on Monday last
(4th), the Court heard a petition from the Attorney General asking
for further time before the plaintiffs reposess the estate. Mr Hoaten
said he had taken objection to the Attorney General's papers which,
he thought, were not in order, and the Judge had granted a .
postponement of the hearing until today (8th).
In the mean time, according to Mr Hoasten, an unsuccessful attempt
was made on Wednesday 6th to reposess the estate. As Council for
the plaintiffs, he said, he has now put in an affidavit alleging that
the extra time being asked for by Government is for the purpose of
making another attempt to acquire the estate, and he has pointed out
that a nrw notice for acquisition of Bocage Estate appeared in the
Government Gazette of October 1st.
This notice states that the estate is to be acquired "for a Home for
the Aged and provision of Housing and Garden lots Settlement", and
it appears that publication of these details overcomes objections to
the original notice of acquisition which stated merely that it was
"for a public purpose".
The matter of Government's application for an extension of time and
the plaintiffs' affidavit came before Mr Justice Nedd in the High
Court today (8th) and has been postponed for hearing on Monday
NEW JEWEL MOVEMENT STATS POSITION ON UNITY
In an exclusive interview with NEWSLETTER on Monday 4th, Mr Maurice
Bishop, Joint Coordinating Secretary of the New Jewel Movement (NJM),
said his Political Party was disappointed with the reaction to what
Mr Bishop called NJM's "positive proposal for an immediate alliance
with the Grenada National Party (GNP)"
Mr ,-tsb was referring to a Press Release issued by GNP on September
f'V b ii.lc y* was stated that GNP would not comply wLth the N.Tt4
THE GRNEKAD 1NEWSLTER Week Ending 9.10.76
demand that GNP break with the United Peoplea' Party (UPP) as a prior
condition for an alliance between GNP and NJM.
Said Mr Bishop, "It is clear to uas that the public fully reoognisee
that UPP essentially consisted of one san with sectional support in one
consatituenoy in the country". According to Mr Bishop, his Party has
"feedback" that "the public is clamoring for an urgent alliance of
NK and GNHP forces."
The main stumbling block to these unity talks has been that both NJU
and UPP have accused each other of being influenced by foreign forces,
but a spokesman for NJU tol N7WSLETTER that, in spite of the apparent
deadlock, it was still hoped that a compromise solution could be
-0-0-0-0-0-0-0- (2 ords)
CRUISE LINER CALLS. Ocy
During the week ending October 2nd, two cruise liners called at
Grenada. These were the "Cunard Adventurer" on TUseay *th
8Uptember with 620 passengers, and the "Amerikania" on Wedneada,-a9th
September with 463 passengers.
On October 5th, the 8 8 "Geesterest" sailed with 25,931 boxes of
bananse weighing 785,433 ibs and valued at BC#90,324.00. There
were 155 boxes of rejected fruit.
8th ober 1976