The Grenada newsletter


Material Information

The Grenada newsletter
Physical Description:
v. : ill. ; 36 cm.
A. & C. Hughes
Place of Publication:
St. George's, Grenada, West Indies
Publication Date:
twenty no. a year
completely irregular


Subjects / Keywords:
Periodicals -- Grenada   ( lcsh )
Politics and government -- Periodicals -- Grenada   ( lcsh )
Economic conditions -- Periodicals -- Grenada   ( lcsh )
Social conditions -- Periodicals -- Grenada   ( lcsh )
newspaper   ( marcgt )
newspaper   ( sobekcm )
Spatial Coverage:


Dates or Sequential Designation:
Began in 1973.
General Note:
Description based on surrogate of: Vol. 11, no. 1 (Jan. 22, 1983); title from caption.

Record Information

Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 24157414
lccn - sn 91021217
lcc - F2056.A2 G74
System ID:

Full Text


c.: T :' -'..,. i ng 2 4th August 19F5
12th Y'rr .jf pbi.i:;'t-on------------321st Issue
Volume 13 Number 10

The hearing by the Hi-gh Court of murder charges against 19 persons accused
of killing Prime Minister Maurice Bishop and 10 others has been adjourned
to September 2nd, but there are indications there may be a further adjourn-
ment beyond this before the t 'King of evidence begins.

Chief Justice Sir Archibald Nedd, on June 27th, adjourned the case to Aug-
ust 8th but, on August 7th, the team of 8 barristers retained by the Court
to represent 17 of the 19 accused, filed two motions in the Supr'eme Court.

*: One motion accuses Comm.:ssioner of prisons Lionel Maloney of inflicting
"inhuman, c;lgra.ling and other treatment" on the accused, amounting to a
,',- contravention of their fundamental rights.

That motion charges too that the Attorneyp-at-Law representing the defend-
ents have been denied adequate access to their clients and it asks that all
proceedings in the matter be stayed until there had been adequate time and
facilities for preparation of the defence

Addressing the Chief Justice in the Hic'h Court on August 8th, Senior Coun-
sel for the Defence, Mr. Howard Iamilton Q.C. said the Defence Team had
been formally retained on July 1st and two of the team had spent from 19th
to 24th July in 3rneads.

"Th'.y arrived on the island with the intent of spending every possible mom-
ent with their clients", he said, "but, over the 5 days they were here, they
were allowed a total of half an hour talk with the accust-d".
i -continued-

page 2 TLL '3,LI;i.-.:A :.'SL7TL Week Ending 24,.8/8 .

Various reasons were given for this denial of access, Mr. Hamilton said,
one being that "parliament was sitting".

Mr..Hamilton said the Defence Team had made every effort to see the accused
all at 6one time but only on onf-- occasion, when arrange--nts were made by one
of the prc.o-C'iting Barristers, had this been allowed. On other occasions,
the Commissioner of Frisons had allowed the 17 accused to see the Defence
Team in lots of 8, and 8 and 1.

"I distinctly got the impression that it was a hardship being worked on us",
he said, "and, yesterday (7th), as if to turn the knife in the wound, we were
allowed to see the accused one at a time".

Mr. Hamilton said the other motion filed by the Defence refers to a ju.--:mrnt
made by the Court of AppR~al with reference to a motion filed by Guyanese De-
fence Lawyer Mr. Clarence Hughes challtngin, the legality of the Grenada .Sup-
reme Court.

Mr. Hughes argued that that Court, set up by the Peoples Revolutionary Gov-
ernment is illegal now that the statr,.of' Grenada has returned to normality.
Prior to the revolution of 1979, and in accordance with the island's consti-
tution, Grenada shared a Supreme Court with the other Windward and the Lee-
ward Islands and Mr. Hughes argued that that Court is now the legal Court for

The Appeal Court ruled that, on the doctrine of "state necessity", the Grena-
da Supreme Court had to be deemed "legal" and it will remain legal as long
as the necessity remains.

The Court said it would take some time but it was assumed that the Grenada
Government would move promptly to r. 1 rise the matter constitutionally.

The motion of the Defence Team su Lht to reopen this matter with the argument
that the ruling of the Ai .-al Court was provisional and there has been enr:ugh
time now to regularise the matter constitutic-nally.

Director of public Prosecutions, Mrs. Velma Hylton, told the Court that on
July 1st, after discussions with Defence Counsel and the Commissioner of Pri-
sons, she had written the Minister for Legal Affairs outlining an agreement
arrived at.

This air-cement included the concession thet the accused be allowed to have
their food sent in, that they be allowed notebooks on which to make notes
for their counsel, that they be allowed certain exercise periods and that,
between the hours of 9.00 am. and.4.00 p.m., they be allowed to see their

'7ith reference to Mr. Hamilton's ch-i that Commissioner Maloney had said
1"Frliament was sitting'! and this was w iv, he could not allow all the accused

to see the Defence Team at the same time, Mrs. Hylton said this wa;.s, m -tter

'W.01: r'dinf-n 24/8/85- THE GRLNADA NEWSLETTER Page 3

of security.

Men were detailed for duty at Parliament Building and there were not enough
persons available at the prison to provide the necessary security.

"The Commissioner would be a fool to bring them all out in the circumstan-
ces like that", she said.

It was her opinion that the Defence I':arr could not expect to have proper
ari~rr.-ements for interviews with their clients unless they gave the Commis-
sioner advance notice.

prosecution Counsel, G(;uyn -- Mr. Doodnauth Singh, said arrangements were
.nrd- for the Defence Team to interview all their clients on August 5th and
6th from 10.00 a.m. to 1.00 p.m. and from 2.00 p.m. to 4.00 p.m. but this
had not been taken full advantage of,

."'.Lly 2 of the Team arrived on Hordary 5th at 11.00 a.m, and interviewed the
the 17 accused until 1.00 p.m.", he said, "and none of the Team came back
'for the afternoon session".

For the sessions on 6Tu* iay 6th, he said, only 2 or 3 of the Defence Team
took advantage of the arrangements made.

Chief Justice Nedd adjourned the Court in its criminal jurisdiction sine
die and the Court sat on August 9th in its civil jurisdiction to hear argu-
ments on the Defence notions.

When the Court sat on August 9th Trinidadi-n Barrister Mr. Karl Hudson Phil-
lips, '.C., appearing at the head of the Prosecution Team charged that, in
the motion trc.ught by the Defence challenging the validity of the Grenada
Supreme Court, that validity was established by the Court of App'el in a
jjhia I nt in May last and the Defence motion puts forward nothing new.

Proceedings began in the Supreme Court Building adjacent to Richmond Hill
prison and Mr. Hamilton told Sir Archibald that the Defence was not ready
to argue the two motions.

Mr. Hamilton said the Defence still had certain affidavits to file and,
August 12th and 13th being Carnival holidays in Grenada, he suggested an
adjourment until the following ;tdnrsdry (14th).

The courtroom at Richmond Hill was designated for the hearing of the crimin-
al proceedings of the case and a legal source told NEWSLETTER that, because
of this, the arguments on the motions, being in the civil jurisdiction of
the court, could not be heard at that location.

Sir Archibald adjourned the 'criminal proceedings of the murder trial to
20th August and then,-moving to the regular quarters of the'em Court
in St. GC'rgf.-'s opened that Court in the civil jurisdiction to hear the
motions. -continued-
______ -- ---- -`1 .-

The Chief Justice .said,and Mr. Hamilton agreed, that the motion relative to
the validity of the Court could be argued immediately and it was at this
stage that "'. Hudson phillips challenged the arrumEnts set out in the mo-

He compared the motion with and said it was almost the same as a motion filed
some months ago by the Defence. '-j t motion had been ruled against by both
the supremee Court and by the Court of Appeal which found that on the basis of
the doctrine of "state necessity", the Grenada Supreme Court must be deemed

The present defence motion sought to reopen this matter. The Appeal Court
said it assumed the Grenada Government would move promptly to regularise the
matter but there has been no public move in this connection and the Defence
argued that "state necessity" can no lonZ.Ir be the basis for making the Court

In his arguments, Mr. Hudson Phillips pointed out that the Appeal Court gave
its judgement less than 3 months i:,- and th.t it said at that time that it
could not bind parliament to a timetable within which to pass legislation.

"'.hat we have here is a skillful at"t-.-.t to ask Your Lordship to pronounce
on a matter which has already beon pronounced upon by the Appeal Court" he
told Sir Archibald, "and, indeed, by yourself, without introducing one scrap
of new material or showing a Chn.:'e in the circumstancet".

Mr. Hamilton, for the Defence team, told I.-: Chief Justice the Grenada Supreme
Court is operating "merely by grace".

"The effect of the ruling of the Court of Appeal is that this Court is uncon-
stitutional", Mr. Hamilton said, "and it is or,'rlting merely by grace under
the law of "state necessity".

Mr. Hamilton said there r.y be an overlap of issues raised by the two motions
but the present motion, he said, does raise new issues and he said there are

3 questions the Court has to answer.

1. Can temporary validity given the Gr..n:T supremee Court by the
Court of Appeal be of indefinite duration?

2. Is the i-li.:tion of the validity of the Grenada Supreme Court
to be at the pleasure of Parliament?

3. If the answer to 2 is in the negative, who but the Court can
decide how long it must be before the matter is regularised?

IMr. Hudson Phillips told the Court that questions 1 and 2 had been dealt with
1by the Court of A.-..-al and he advised Sir Archibald not to entertain any

questions on "the vridth, length and anbit of parliament".

,-:ck Ending 24/8/85


n / a;ril iL' i ;i.- iLETTSP ?-se 5

Mr. Hamilton charged that Mr. Hudson Phillips had sought the Court's leave
to address the Court "in limine" (on the threshold of the matter and -not
going into the substance", but that leave had been abused in that Mr. Hud-
son Phillips had gone deep into the matter.

"The indulgence he has enjoyed at your hand is, perhaps, a reflection of
the Li. esteem in which he is held by this Court", Mr. Hamilton told the
Chief Justice, "others may not be so fortunate"t

Before adjourning the Court to August 14th, the Chief Justice said the aver-
age person coming into Court speaks of the fact that "justice must be done
and must appear to be done".

"Justice is a 2-way street", he said. "People seem to think onlv of just-
ice for the accused and never of justice for the Crown and the prosecution.
This Court seeks to maintain justice as a 2-way street and the Court wi1
not allow itself to be taken advantage of".

Th.- background to the challenge to the legality of the 3Gr:nadi Supreme
Court lies in the actions of-the Peoples Revolutionary Government (FRG).

Ti-L existing Grenada Supreme Court was established by Peoples Laws 4 and
14 of the PRG after the 1979 revolution, and that Court replaced the Sup-
reme Court which, under Grr.n'.;'s 1974 Independence Constitution, the is-
land shared with the other countries of the Organisation of East Caribbean
States (OECS).

Last October, acting for the 19 accused persons, Guyanese Barrister Clarence
H'gheis challenged the legality of the PRG established Grenada Supreme Court. other r gun-nts before Sir Archibald in the High Court, Mr. Hughes
said that when laws are passed under the "basic norm" of the island's con-
stitution, those laws remain in force with the change of government.

However, he argued, the "basic norm" under which the PRG passed its laws
was the strength of that Government and, when that Government was over-
thrown, the "b'tic nr-rrm" was also overthrown and with it the laws passed by
the PrG. This, he said, applies to Peoples Laws 4 and 14 and the Grenada
Supreme Court established'by those laws.

Sir Archibald did not accept Mr. Hughes' arguments nor did the Appeal Court
to which Mr. Huighes took the matter earlier this ,

-lile questioning the basic constitutionality of the PRG's Grenada Supreme
Court, the Justices of the Appeal Court found that, on the lr:cl doctrine
of "state necessity", the Court must be declared legal if there was not to
be chaos ..

"The safety of the people is the highest law", said the President of the Ap-
peal Court, Mr. Justice J.O.F. Haynes in a judg--mnt delivered in .May last.

I ... GRENUADA NL $LLTTLr .' : Cniing i..5.

The president said the validity of the Court will remain as long as the nec-
essity remains, but this does not moan 'cr ever. It will take some time, he
said, but he assumed the Gr.n d:I Government would move rapidly to regularise
the matter constituti-:,i,'lly.

It is, basically, on this aspect of "moving rapidly to regularise the matter"
that the present challenge to the legality of the Court was made by the 8
Jamaican Barristers constituting the team representing 17 of the 19 accused.

In a "motion" filed in the supremee Court on August 8th by the Defence team,
most of the arguments put forward by 1'r. Hughes are recited and a further
arg.rrim.:nt relative to the time factor is put forward.

The motion argued thot "the period of tco!porary validity (bestowed by the Ap-
peal Court) enjoyed by the THirih Court established by Peoples Laws 4 and 14 of
1979 has expired".

The motion argues that the Grenada Government is fully competent to restore
the High Court of Justice established under the Independence Constitution, to
establish a High Court of Justice of its own or to legitimise the existing
.Grenada Supreme Court established by the FPG.

"It is respectfully submitted", the motion says, "that the doctrine of (state)
necessity cannot be employed to justify the indefinite validation of an illeg-
itimate and unconstitutional Court and. may only properly be applied to justify
certain unlawful acts in times of crisis and for periods of short duration on-

The motion called on the High Court either to stop all proceedings against the
17 accused, or to stop these proceedings until the charges can "be heard, de-
termined and tried by a Court of c mpitent jurisdiction".

The "S,,uprerie Court", whether it be the one established by the P~R3 or the one
created by the Grenada Independence Constitution, is comprised of a "high
Court" and a "Cl.lrt of .-.:- I".

Under the Constitution, appeals were allowed from the Court of Appral to the
iPrivy Council but this ri:- t was abolished by the PiG

Another difference is that, under the Constitution, the Chief Justice was ap-
(pointed by the Queen and the Justices of Appeal and the puisne Judges were ap-
pointed by the Judicial and Legal Services Commission.

Under the present system, that is, the PRG established Grenada Suprn.. Court,
The Chief Justice, Judges of the High Court and Justices of App .'l are appoint-!
led by the Governor General acting on the advice of the Prime Minister after thel
pPrime Minister has consulted with the Public Service Commission.

i.hCcn the Court sat on `A uSt 14th, thie Defence team called on Sir Archibald
!Nedd to take a "bold step" and declare when the validity of the Grenada Sup-
reme Court will expire. -continued-

*. .ing 24//8 THEi: .I[..DA NE SLETTLE Page 7

Defence Barrister Mr. Earl litter said the tppEal Court had expressed the
hope that parliament would r: r'l.rise the matter "with reasonable dispatch"
and he tlio:ight the key word in this matter is "reasonable". He felt the
temporary validity of the r...r .'.-i Supreme Court, conferred by the Court of
Ap .':al on the basis of "state necessity", could not extend over an indef-
inite period.

"Four or five years down the road, can reliance still be made on the doc-
trine of 'necessity'?", he asked. "Can it be said then that the validity
of the Court cannot be challenged? What we do now is to ask Your Lord-
ship to measure the time", he told Sir Archibald.

Mr. hitterr said the foundation of the doctrine of "state necessity" is such
that, at the time of its ,-.v:plication, there is no alternative. This doc-
trine cannot bind for all time, he said, because the validity it gives can
run only to a fixed point in time and it is only the Court which can say
when that point has been reached.

'Necessity' is an unruly steed which may look like a front runner", Mr..
l'itter said, "but it may be stopped in its tracks or dro' dead, ith- ques-
tion is, how long can it run?"

Leader of the Prosecution, Mr. Karl Hudson Phillips, Q.C., said the ques-
tion of whether the validity of the Grenada Supreme Court has expired and
how long it can run has already been answered. This was done by the Court
of Ap..:.:-l in its judgement on the motion brought by Defence Barrister Clar-
ence Hu.hes challenging the validity of the Grenada Supreme Court.

Mr. Hudson Phillips said the President of the Appeal Court said, in his
judgement, that the validity of the Grn-n:-. Supreme Court will continue un-
til the Grenada PFrliament has either taken Grenada back into the Supreme
) ,i Court of the Organisation of East Caribbean States, the Court appointed by
Sthe Grenada Constitution, or had taken steps to set up a Constitutional Sup-
reme 2c uLrt.

He said further it is not open to the Chief Justice to "take a bold step"
to say when Parliament should act in this matter. The Court of Arpeal has
said, he pointed out, that it could not set a timetable for Parliament to
act,-and it is his opinion th-t Sit Archibald could not do so either,

i "Thi. Cou:rt will not fix a timetable for Parliament". Sir Archibald said,
but he asked Mr. H'iLdson Phillips, "What would you say if, at this time next
year, the situation is the same"?

"I do not wish to speculate", Mr. Hudson Phillips replied, "but it is ex-
pected the L:xecutive will respond in a civilised manner to the observations
of the Court. There is nothin_. to indicate that the Executive has not
Taken notice of the comments of the Justices of the Court of Appeal".
'I ____________________________ ___.

p." ,_ THE GRENADA N.. 3.L-TT'7LR "k Ending 24/8/85

The Chief Justice then reserved his judgement to be delivered on \ucust

On the following day, August 15th, the Court sat to hear arguments on the
other motion filed by the Defence.

This motion claims the 19 accused persons at Richmond Hill Prison "were
tortured and continue to be subjected to .-gr-lir, and inhuman treatment".

.heri Commissioner of Prisons, Lionel Maloney first toured the cell blocks
housing the accused, the motion says, he found the name of each man written
on the door of the cell and each name was proceeded by the title "Mr".

The Commissioner ordered these titles erased, the motion says, and when ask-
ed his reason replied, "Y'all have no rights".

"Thereafter and up to the present time", the motion charges, "Maloney has
subjected the accused to a course of treatment characterized by inhumanity,
arbitrariness, caprice and discrimination and provocative in nature".

Another complaint, already voiced by the Defence in open Court, is that Mr.
Maloney will not allow the accused to have notebooks and pencils to make
notes for their Counsel.

During the preliminary Inquiry (PI) into the murder charges, the motion says,
agreement was reached by the Defence with the Prosecution that the accused
be permitted to have these materials.

"Upon their return to their cells on the first day upon which they were so
provided", t;e motion says, "the said materials were seized by Prison ward-
ers acting on the direction of Mr. Maloney".

It required "str:ng complaint" by the Defence to have the books and -:incils
returned, the motion says, and it alleges that, as soon as the PI was com-
pleted and Defence Counsel left the island, these materials were again taken

The motion says that intermittentlyy" some of the accused have been allowed
to have notebooks and p.-ncila but there have been "surreptitious and system-
atic efforts" by Prison warders to soo the notes made

"In the result", the motion says, "because of the fear of the contents of
notes coming to the knowledg,- of the prison authorities, the accused ha4v
refrained and/or been restricted in the free or confidential compilation of
the said notes".

From the time the accused were fittedted to Richmond Hill Prison until July
of last year, the motion says, Maloney, while he all.ow.d this privilege ito
Other prisoners awaiting trial, refused to allow the accused to have food
sent .in to them. I
- continuedI

J.ee_ Ending 24/8/85 Ti:D GhENADA NkL'SLETTER Page 9

This privilege appears to have been given the accused for a short period be-
tween July and.August of 1984, but the motion says it was "arbitrarily ab-
rogated" towards the end of August 1984.

"Since that time", the motion says, "the facility has been only desultor-
ily allowed to the accused but merely for a few short periods",

According to the motion, Mr. Maloney said he had instituted this ban be-
cause he fears that meals sent in would be poisoned.

Other charges include complaints that the prison food was "contaminated by
centipedes, cockroaches and other vermin", that Mr. Maloney "restricted the
accused to their cells in solitary confinement for between 23 and 24 hours
per day", that Mr. Milon:y had "frequently suspended visits to the accused
from wives, relatives and friends for prolonged periods without prior not-
ice and without any or reasonable cause"i and that the Defence team is not
allowed adequate opportunity to visit their clients.

Another complaint is that, after they were arrested, letters, minutes of
meetings, other documents and tape recordings were taken from the accused
and requests for their return have been ignored.

The motion calls on the Court to make declarations and orders'to correct
these alleged offences, and a further order that the murder trial be stop-
ped until the accused "are given adequate time and facilities for the pre-
paration of their defence",

During the hearing of arguments on this motion, Chief Justice Sir Archibald
Nedd issued a veiled threat to one of the Jamaican Defence Barristers that
he might find himself "returning to Jamaica" sooner than he thought.

The Defence were to file certain affidavits in connection with this motion
but one of the 8 Jamaica Defence Marristers, Mr. A.Ji Nicholson, told the
Court this had not been done.

yesterday (14th), Mr. Nicholson said, Senior Defence Counsel, Howard Hamil-
ton, Q.C., and others of the Defence had gone to Richmond Hill Prisons at
4.30 p.m., together with the Deputy Registrar (who is a Justice of the
Peace (J.P.) to get affidavits signed by some of the accused but they
failed to obtain entrance to the Prison.

,'r. Hamilton was told the Commissioner of Prisons, Lionel Maloney, was not
!there," he said, "and there were no instructions to let us in so there was
Nothing to be done but turn about and leave",

iMr. Nicholson, who was accompanied in Court by only 2 of the other Defence
"Barristers, Mr. Maurice Frankson and Mrs. Jacqueline Samuels-Brown, said the
Director of Public prosecutions (DPP) Mrs. Velma Hylton, had been phoned by
'Mr. Hamilton but she had been unable to help.

page 10-. T''- : N \D. 4 iIE'JSLETTER W':-k Enling 24/3/8/5

Mrs. Hylton told the Court that, at 3.40 p.m. yesterday (14th), she had had
a call from Mr. Hamilton who said he could not locate the J.P. he wanted to
use in having the affidavits sworn to. Mr. Hamilton requested that she sug-
gest a J.P. who could be used and he asked also that she assist in helping
the Defence to gain entrance to the prison.

"I told him I could not help him as far as entrance to the prison was con-
cerned", she said, "but, in the matter of finding a J.P., I was sure that
either the tegistrar or Deputy R-ei:strar would be willing to go to the pri-
son with him".

Chief Justice Nedd then asked Mr. Nicholson why it had been necessary to look
for a special J.P. when the Registrar, Deputy Registrar and even the Chief
Clerk in the Registry are all Justices of the peace and available at all

Mr. Nicholson :"The position as related by the DPP is not exactly as
h -ppe'nrd"

Mrs. Hylton (jumping to her feet):"I take strong objection to that"

Sir Archibald (to Mr. Nicholson): "Are you suggesting that the DPP is
misleading the court?"

Mr. Nicholson: "ijo, but what she has related is not exactly as happened".

Sir Archibald: "perhaps you should not say anything more or you may find
yourself in trouble and returning to Jamaica sooner than
you had thought".
Mr. Nicholson: (incredulously) "Returning to Jamaica ... ?"

Sir Archibald: "Resume your seat, I no longer wish to ask you any questions".

Mr. Nicholson: "As your Lordship pleases".

The Chief Justice then adjourned the hearing until the next day (16th).

present in the Court by special leave were three of the accused, Leon Corn-
wall, John Ventour and Ew-rt Layne.

It appears that, had the affidavits been sworn to and filed in time, several
of the accused making those affidavits would have been in Court on \ugust
15th, available for questioning.

In anticipation of this, and for the first time since the hearing on the
motions have begun in the Civil jurisdiction of the Court, units of the Spe-
cial Services Unit of the Police Force were present in the precincts of the
High Court.

As a sequel to the incident with Mr. rlicholson on August 15th, when the Court
sat on August 16th Mr. Howard Hamilton, Q.C., Senior Defence Counsel vowed
before Chief Justice Sir Archibald Nedd, to protect the rights of the 8 Jam-
aican Barristers in the Defence T-rm.
t_____________________________________ M - _ .-

.-k -Ending .2 T//-? -1 THl GIRiHADA EL .SLEITLTR Page 11

Addressing the Court, Mr. Hamilton referred to the incident as a "regretable
misunderstanding- between Counsel".

No slur had been intended, he said, but he was concerned that certain sec-
tions of the *.-dii: viewed the Chief Justice's comments to Mr. Nicholson as

"I vow", Mr. Hamilton said, "to guard jealously, with every fibre of my being,
the rights of Defence Counsel to advance their arguments, using every ethical
and legal recourse".

The senior Defence. Couyul- said the Defence team had shown the utmost respect
for the Court at all times and it was their intention to defend their clients
according to the highest traditions of the profession.

Later in the day Mr. Hamilton told the Chief Justice that, with reference to:
the Nicholson/Hylton incident, the concern of the Defence had deepened into
consternation because Sir Archibald had not given any assurances that what he
had told Mr. i!icholson did not constitute a threat.

"Our security comes from the Court", Mr. Hamilton said. "t:e have been employ
ed by the Court to undertake the Defence, and it is vital that we know we are
not i-ing threatened".

The Chief Justice said thct, as far as the Court is concerned, the matter is
closed, but Mr. Hamilton continued to press for assurances.

"Our view is that the Defence must know that they are not being threatened",
he told Sir Archibald. "you have said the matter is closed but it is of con-
cern to us that, in a case which will be {l:,u-d with difficulties, in the
first instance of this we are faced with whlt appears to be a threat. I in-
vite the Court now to withdraw our assignment and allow the accused to retain
us privately."

In reply, the Chief Justice told Mr. Hamilton that, whoever he was retained
{by, the Court will not allow Counsel on either side to attribute a lack of
truthfulness to their opponents.

"It is clear that you have had little experience in appearing in my Court"
Sir Archibald told Mr. Hamilton. "As far as str.iight dealing is concerned,
!you have nothing to fear and I am proud of the record I hold for fairness
land irp-irtialityt".

IT h Chief Justice said that, as far as the incident with Mr. Nicholson and
Mrs, Hy-lton is concerned, "if the shoe had been on the other foot", the posi-
tion he had taken would have applied equally.

During this day (16th) the Court heard preliminary arguments relative to a
!motion filed by the Defence complaining of lack of access of the Defence team
to the accused, and to treatment allegedly meted out to the accused by Commis-
Ssioner of Prisons, Mr. Lionel Maloney. .-continued-

page 12 ThhL R[ENaJL il :.'LuTTtL W,-k Ending 24/8/85

For the Prosecution, Mr. Doodnauth Singh told the Chief Justice he should con-
sider only those p-;rts of the motion which referred to access of Counsel to
the accused.

With reference to the general complaints, such as the Commissioner allegedly
refusing to allow food to be sent in to the accused, Mr. Singh said they
should be struck out of the motion as they are not a matter of urgency to be
dealt with before the criminal trial.

Replying for the Defence, Mr. Earl W'itter said the :c'~pl ints cannot be look-
ed at in isolation.

"What must be borne in mind is the 'global effect' ", Witter said. "C'-rrect-
ing the matters complained of will make better the unhealthy atmosphere in
which the accused are locked up, and will put them in a physical condition
which will enable them to properly instruct their Counsel and to stand trial".

Mr. hitterr argued that the accused are not now in that desired physical con-
dition, that they have been subject to torture and that the Court is required
to permit argument on the whole motion in the interest of holding a fair

After the week-end recess, the Court sat again on Monday 16th August and De-
fence Barrister Mr. .'itter told Chief Justice Sir Archibald Nedd that he had
been an eyewitness to one of the accused, Calistus Bernard, being "badly beat-
en" by guards at Richmond Hill Prison.

"This is a new height of outrage and depths of depravity that this should hap-
pen in the presence of Counsel" he said.

Mr. 'litter said the Commissioner of Prisons Mr. Maloney was present when the
incident occurred and he (iWitter) was not surprised that Mr. Bern -rd was un-
able to come to Court today to listen to the proceedings. The Defence Coun-
sel said he understood Mr. Bernard had to be taken to see a doctor.

jMrs. Volma Hylton, Acti-u Director of Public Prosecutions (DPP) said the Com-
missioner of prisons had been in touch with her and there is "another side
to the story".

Mrs. Hylton said Mr. :.itter had used offensive lnguu.-:e to the prison guards.

"They may not be legal counsel as he is", she said, "but they certainly are
not skunks".

The DPP said the story as she had it from Mr. Maloney is that Mr. Witter went
to the prisons on Saturday (17th) afternoon and was given leave for a one-hour
visit with his clients. At thJ expiration of an hour and a half, Mr. hitterr
was told his time was up but he p -1. no heed.

At the end of 2 hours, Mr. Maloney told Mr. Witter he would have to leave as



the guards had not.yet had their lunch and, before they left, they would
have to put the 8 accused, then in conference with Mrf Witter, back into
their cells.

It was at this stage, she said, that Mr. 'itter abused the guards. It was
at this time too that the accused offered resistance to being. taken away
and force had to be used.

Mr. Litter denied the allegations.

"Insofar as these imputations are cast on me by the instructions of the
Commissioner of Prisons and his underlings" he said, "I will not dignify
those instructions by refuting them. They are untrue",

The Chief Justice said he will investigate the circumstances of the inci-

Delivering his judgement that day (19th) on the first motion filed by the
Defence, Sir Archibald ruled that the Grenada Supr.:m- Court, established'
by the Peoples Revolutionary Government (PRG), is legal and valid.

In an hour long judgement he accepted the prosecution's irgumnnts.

The matter had been decided by the Court of Appeal, the Chief Justice said,
and that Court had not only decided that the Grenada Supreme Court was val-
id, but had said it could not bind Parliament to a timetable within which
legislation must be enacted to give Grenada a Constitutional Court.

"I have been invited (by the Defence) to be 'bold enough' to do what the
Court of Appeal said it could not do", the Chief Justice said. "I decline
the invitation".

As to how long the "temporary validity" will last, Sir Archibald said the
President of the Court of A. pefal has already given that answer.

It will be, he said, until cith.r effective steps have been taken to take
Gronada back into the Supreme Court specified in the Constitution (the Sup-
reme Court of the island shared before the revolution with the other count-
ries of the Crg-nis-tion of East Caribbean States), or a new Court is set
up in accordance with the provisions of the Constitution.

Sir Archibald said the Grenada Government has set up a Constitutional Com-
mission to which the public is giving evidence, and it cannot be said that
i the Government is not acting with "reasonable dispatch".

Thri Chief Justice ordered the Defence to pay the costs of the prosecution
in this matter in spite of a plea by the Defence that there be no costs be-
cause of the position of the accused who do not have eno-ugh money to employ
;Defence Counsel but must rely on the Court to retain Counsel for them.



l.* n ,1^ .g 2 S4/8/85'

--- -~'-~---

Page 13


f-,g: 1t TE hrm.-. r; ..3LETTET R- 1' Ending 24/6?/8

Sir Archibald pointed out, however, that the Defence motion had asked for
costs to be paid to the Defence if their motion had succeeded.

"What is sauce for the goose is sauce for the gander"l he said.

The Court sat on August 20th to hear arguments relative to the Defence motion
alle. among other things, that the Defence team had inadequate access to
their clients. A request was made for a stay in the proceedings until this
was corrected.

prosecution -arrister Mr. Doodnauth Singh told the Court the Prosecution
would not object to an order providing for adequate time and facilities to be
given the accused and their Counsel to pr-:pare their case.

That order should cover the period 20th August to 2nd September, the date fix-
ed by the Chief Justice for the resumption of the Criminal Hearings, he said,
but, if the Defence wanted a longer time than that, the prosecution would ob-

Senior Counsel for the Defence, .u'cn's Counsel Mr. Howard Hamilton, said the
Defence accepted Mr. Singh's proposal but, he said, the key words in the pro-
posal are "adequate time and facilities".

"Facilities are not confined to access by Counsel to their clients", he said,
"but must extend to the conditions which will put a person on a capital
charge in a proper frame of mind to face their trial".

Earlier in the day, Senior Counsel for the prosecution, Mr. Karl Pudson Phil-
lips, Q.C., had pointed out to the Court certain defects he thinks are in an
affadavit attached to the motion, and Mr. Hamilton thought Mr. Hudson Fhillips
was "nit-picking".

"My learned friend criticized 11 paragraphs in the affidavit", he said, "but
there are 50 paragraphs in that document end the other 39 are powerful and
cry out for attention from this Court".

Referring to Mr. ..-son phillips' comment th t certain paragraphs in the af-
fidavit contain "scandalous" material, Mr. Hamilton said the term had been
used very loosely.

''h.:t was scandalous, he said, is the scandalous behaviour at Richmond Hill
Prisons and the attempt to cover it up so thpt the world will not know of it.

I"The Defence has b(.en accused of trying to delay the trial", he said, "and we
(all know the old maxim that 'justice delayed is justice denied'. I refer to
another maxim which is just as important and that is that 'justice hurried is
justice defied' ".

On the agreement of both Defence and Prosecution, the Court rose for the two
sides to confer on the details of a Court Order to be made by Sir A'r,',ib:ald to

j.,k 24/ :I: ,Lr.r, iiEjSLETTLiR Page 15

correct toe matters nllege, in the motion. After about an hour, however,
the Court resumed and Mrs. Velma Hylton, Q.C., Director of public prosecu-
tions, told the Chief Justice negotiations were still going on.

Sir Archibald accepted the proposal thrt the Court adjourn then, the Prose-
cution and Defence to reduce their agreement to writing to be brought to the
Court on the next day.

However, it was not until August 23rd that an agreement, under 16 heads, was
presented in Court to Chief Justice sir Archibald Nedd.

The first is that Commissioner of Prisoners,.Mr. Maloney must, on a daily
basis, give "reasonable and uninterrupted access" of Defence Counsel to
their clients between 9.00 a.m. and 4.30 p.m.

The accused are to be allowed a "reasonable amount of food and drink" to be
sent to them daily between certain -ip-'cified hours, and the accused are,not
to have meals in their cells but "in the area or areas of Richmond Hill Pri-
sons desi-:n-ted or reserved for the consumption of food by untried prisoners"

Mr. Maloney is to allow the accused to have "a reasonable amount of reading
material" and"notebooks and pens" for the purpose of preparing instructions
for their legal advisors. And, as far as those notebooks are concerned,
Mr. :.lloney is not to try to find out what is written in them.

ThIL accused are to have exercise time out of their cells from 6.00 a.m. to
4.30 p.m. and, for at least half of that time, they must be allowed to as-
sociate with each other and discuss their defence outside the hearing of
prison officers.

Medical visits are provided for in the agreement and Mr. Maloney must ensure
that whatever treatment or medication is prescribed is supplied promptly.

Three of the accused were to be medically examined immediately. They are
.\ndy Mitchell, F-brn Gabriel and Calistus Bernard. Medical reports in this
connection are to be delivered to the Defence Attorneys.

A copy of the Grenada Constitution taken from Ewart LIyn-- and a copy of the
Prison pules taken from Selwyn Strachan must be returned together with other
documents seized.

All the accused are to be allowed two 15-minute visits per week from relat-
ives, friends 'n.1 children, and they are to be ll'2w-d materials for letter-

Mr. Maloacy is called upon to ensure that all pFrs3:rns employed at the Prison
know the terms of the agr : n..nrt which were embodied in an order made by sir
SArchibald, and the Defence was given "liberty to apply", that is, they can
come back to the Court for redress if the terms of the order are being viol-
ated. -continued-

S.. h G . L. -:k Ending 24.//'-...

Without specif:;.in.- them, Mr. Hamilton told Sir Archibald there are two mat-
ters upon which there has been no :,-rLcement and these have been left to the
Court to adjudicate later.

Reference to the motion shows that there is one demand, "adequate time and
facilities" for the preparation of the Defence, which is not dealt with in
the agreement. It seems clear that one of the two matters p-n.lirin is like-
ly to be a demand by the Defence for an adjournment beyond September 2nd when
the Criminal Hearings are due to start.

Addressing the Court, Mr. Maurice Haiiiilton, Q*C., Senior Defence Counsel,
said a lot has been said about "delays", particularly against the Defence,
and the Defence is pleased it had been able to save the Court time by as-
sisting in the preparation of the agreement.

"The order to be made by the Court, based on the -gr'.- ,-nt, is a vindication,
of all the Defence has been saying for the last 20 months", he said. "I
hope the Defence will be able to proceed to assist the Court further by bring-
ing this matter to a speedy conclusion".

Director of FPublic Prosecutions, Mrs. Velma Hylton Q6C4, did not accept Mr*
Hamilton's statement.

",'ji wish it to be understood", she said, "that we do not concede any of the
ch-:irgs made in the motion. The ....greooment was drawn up in accordance with
the Prison Rules and we have not gone outside that".

The Chief Justice was grateful to all who had worked so hard to produce the
. gr.-.i'i nt.

"Let us hope that we will all work just as hard when we get down to the nitty-
gritty", ho said.

The two matters to be decided will come before the High Court when it sits in
its criminal jurisdiction on 3-ptembor 2nd,


Former Deputy Prime Minister in the Peoples Revolutionary Government, Bernard
Coard, and his Jamaican wife Phyllis, still had no legal representation to
defend them in the "Maurice Bishop" murder trial when they came to Court on
August .8th.

Together with 17 other defendants, they are accused of killing Prime Minister
Mauriee Bishop and 10 others on 19th October 1983. The 17 defendants have
told the Court they are unable, financially, to engage Counsel and, at the
expense of the State, 8 Jamaican Barristers have been retained to nrprar for
__________________ ________ __ L^ .-.--- _. ^_ _, ___

I :.k En:lirg n2/8/85 :-. 18

The Coa.rds, however,- wish to retain their own Counsel and have been negotia-
ting with Jamaican Queen's Counsel, Mr. Ian Ramsey, in this connection.

In the High Court on August 8th, Bern-rd Coard told Chief Justice Sir Arch-
ibald Ncdd that these negotiations had not yet been -completed and he- blamed
the prison authorities for this :delay.

"Arrangements have been 95'" completed, .Mr* Coard said, "and with the coop-
eration of the prison authorities, they can be finalised within a.few days".

Mr. Coard said that, on.August 7th, he had a two-hour interview with "a
representative of the family", Mr. Weldon Brewer (a United States Lawyer)
and there was to have been a further meeting but he understands that this
was not permitted. Mr. Bre'...r, he said, was making the arrangements for
representation by Mr. Ramsey, and Mr. Coard asked Sir Archibald, "in the
interests of justice" to facilitate the discussions with Mr. Brewer.

Mr. Coard complained too that, over the last 18 months, he has been allowed
to confer with his wife only twice The first time was on 19th January
last, he said, and they'had only 10 minutes together. The second time was

""'c were permitted 45 minutes", he said, "and there were 6 prison officers
present. My wife and I were made to sit 8 feet apart with wire netting
between us, all the prison officers were within earshot, and 2 of them took
notes of everything we said"t

Senior Defence Counsel Howard Hamilton, Q.C., confirmed in the High Court
on August 21st that the Coards had retained Mr4 Ramsey.

Mr. Hamilton said two of Ramsey's associates, Messrs. Maurice Tenn and Enos
Grant would arrive in Gr...rn:l'-i that nights

These Counsel will wish to file, on the Coards' behalf, a motion in the High
Court similar to the motion filed by the 17 other accused and currently be-
fore the High Court, Mr. Hamilton said.

That motion complains of inade.,,jte access to Defence Counsel to the accus-
ed and of deprivation of the accused's basic rights by the c.-mmissioner of
Prisons, Lionel Mal-ney.

"In the interest of time", Mr. Hamilton told Chief Justice Sir Archibald
I!F"id, "we would wish to join the Coards' motion with the one already filed
so that the two will be subject to any agreement on a Court Order reached -
with the Prosecution".

Since August 20th, the Defence and Prosecution had been holding discussion;
on the details of a Court Order which would be issued by Sir Archibald to
satisfy the complaints set out in thC motion.



Page 17

page 8.. ... ThL -jklN.,D. 1I i LT: L R : leek Ending 24/8/85

Mr."Karl Hudson Phillips, Senior Prosecution Counsel, expressed surprise to
the Court that an attempt is beingg made "at this late stage" to join the
Coards to this matter and he presumed there must be a good reason for this.

"There have been accusations of-deliberate delay in this case made against
the Defence", Mr. Hamilton said, "but the reason why the Coards have not
been joined before in this matter is simply that they have rt been represent-
ed. The Defence is making a genuine effort to save time with the suggest-
ion that the two motions be consolidated".

The Chief Justice said that, at that stage, he was not intc-rested in the

"I will not be interested in them until September 2nd (when the criminal pro-
ceedings have been set for hearings)", he said, "or at some earlier time when
they have filed a motion and brought themselves before the Court."

J-maican Barristers Messrs Maurice ,TerrL and Enos Grsnt, part of the team be-
ing put top-.ther by Mr. Ramsey, arrived in Grenada on August 21st and on
August 22nd and were formally called to the Bar of the Supreme Court.

In an interview after the ceremony, Mr. Tenn said his first duty and that of
Mr. Grant was to take the oath and the next is to see the Coards at Richmond
Hill prison,

"After that", he said, "I will be requesting formally, from the authorities,
copies of the record of the preliminary Inquiry and other relevant documents
so we can begin to consider and prepare a defence".

Mr. Tenn said his plan is that, having obtained the required documents he and
Mr. Grant will fly back to Jamaica that weekend, returning to Grenada as soon
as possible.

Chief Justice Sir Archibald Nedd has fixed September 2nd for the hearing of
the charges against the Coards and 17 other accused. Mr. Tenn could not
say whether the Coards' Defence team will be ready for that date.

"Before having seen the many documents which must be perused before one can
prepare a defence", he said, "it is impossible to s.y when one can or cannot
be ready to go into Court".

Additionally, he said, in a case of this nature, it is important to have the
fullest instructions from the clients.

Mr. Tenn said Mrs. Rosa Rms.:y, who is both wife and secretary to Mr. Ian
Ramsey, had acccrrmpnied Messrs. Tenn and Grant to Grenada. Because of the
complexity of the laws in this case, he said also, other Barristers may be
asked to assist with the research, but he could not say whether those Bar-
risters would be part of the official team.

'le~.k Er.ding 24/8/85 TE I GRiJN,,D. NE ESLLTTER Page- 19

The applications of Messrs. Tenn and Grant to be called to the Bar of the
GrinnIa Supreme Court were sponsored by Senior Defence Counsel Howard Ham-
ilton, '.C. and by Defence Counsel Norma Linton and Jacqueline Samuels-

The ceremony took place in the chambers of Chief Justice Sir Archibald
Nedd. .

!::ji'jiHT !?;,.E' SENATOR

Prominent i-ren-dian Barrister,.Derek Knight, Q.C., on August 8th received
from Governor General Sir Paul Scoon his appointment to the Grenada Senate.

In an interview with N~LSLrTiR Mr. Knight said he had been appointed on
the recommendatiri of the Leader of the Opposition, Mr. Marcel Peters, Pol-
itical Leader of the Grenada Democratic L-hb:ur Party (GDLP), but he (Knight)
'is not a member of that party.

"Mr. peters was kind enough to give me a copy of his letter to the Govern-
or General", Mr. Knight said, "and that recited my efforts to bring the
various political parties in Grenada together",

Mr. Knight said he had been instrumental in bringing the Grrcnia National
party, ithe Grci.nad3 Democratic Movement and the National Democratic Move-
ment together at a meeting at Union Island in theGr-n~iiri.:s in August
1984. It was at that meeting that the New National Party of Prime Minis-
ter Herbert Blaize was born.

Mr. peters' letter to the Governor General, Mr. Knight disclosed, said that
the recommendation that Mr. :ht be appointed to the Senate was based on
Mr. peters' knowledge of Mr. night's efforts to bring the various politic-
al parties in Grenada under one banner prior to the General Elections of
December 1984, and to Mr. Knight's political experience.

Mr. Kni-ht was a member of Sirt Eric Gairy's Grenada United Labour Party
(GULP) until the New Jewel Movement revolution of March 1979 and escaped
from the island on the day of the revolution, fleeing to the United States.
At that time, he was a Senator and Sir Eric's Minister without portfolio.

He told NEWSLLTTER that he has not been expelled from GULP and has not re-
sinld and he still supports the view that a party which represents the
broad masses of the people of Grenada is the party which lead the country.

"As to whether or not Sir Eric his recognized that a party which is center-
ed around an individual cannot solve Gr,: n :'s problems", he said, "I do
not know but that is not the kind of organisation we need at this time in
our history".

Pag'Z20 ThE GhEND NE.JSL T .ER Week Ending 24/8/85

As to his membership in GULP, Mr. Knight said that, in 1979, that organisa-
tion was a party in which there was -n Executive which functioned and which
usually got a.rrcvnl of its actions at a-party convention. If that struct-
urel still exists, he said, then he still is a member of GULP.

"I have never been served with any notice of any Aonventio dieeting", he said,
"I Ido not know whether there have been any conventions and I have no contact
with the GULP Political Leader, Sir Eric[ Gairy"d

M4 peters contested the December 19S4 elections under the banner of Sir
Eri~t a GULP and was the only successful candidate of that party. Immediate-
ly after the electiLcns he announced that, because of what he alleged was
faaud in the elections, he would not take his seat in the House of RepreaentW
atives but, subsequently h.e changed his mind.

As Leader of the Opposition, he recommended the appointment of 3 Senators but
to0einded the appointment of ore, Mr. Franklyn philbert when charges of steal-
ing were laid against Mr. Philbert. Mr. Knight takes the place of Mr. Phil.-
bert in the Senate.

Mr. Knight will be sworn in at the next meeting of the Senate, the date of
which has not yet been fixed.

C -'.Z:': ;!L' T ROF- S;.LS APPROVED

The Cabinet of the Grenana Government has approved, in priacipl0e proposala
-subaitted by thb. NMinistry of Local Government, for the Yestaration of Local.
Government in .the State.

According to a rellease-from the Ministry of Local Government, the proposals
are for "District p.c.ards" in each.of the 6 parishes in the island of Grena.ia-
and a "Council" for Grenada's sister islands of Carriatou and Petit Martini-
que lying 20 miles north.

Additionally, there will Ie 46 "Village Councils" and 3 "Town Boards", one
each in Grenville, Gouyave and Sauteurs. St. George's town will be a muni-
cipal borough headed by a Mayor.

Village Councils will be responsible, among other things, for i3y care ceh-:
tres, bus stop shelters, side roads, street signs and community centres.

District Boards will look after such matters as playgrounds, street lighting
and cl,- -ning, district roads, cemeteries, marketplaces and social welfare.

Elections to Local Government Authorities will be on the basis of adult
franchise and, for the time being, these Authorities will be finn.:' 1 by Cen-
tral Government grants.


A platform plank of the New National Party at the last General Elections
was the restoration of Local Government which was abolished by the then
Government in 1969.

In that year, addressing the Annual Conference of Local Government bodies,
Mr# Herbert preudhomme, Minister for Local Government in the Grenada United
Labour party Government of Sir Eric Gairy, announced his Government had de-
cided to dissolve all Local Government brdies4

Mr. preudhomme said this move was to facilitate reorganisation of Local Gov-
ernment within the State, but no action was taken in this connection and the
move was seen as undertaken to oust the Grenada National Party which then
controlled Local Government.

At that time, St. George's town was a-municipality, there were District
Boards in each of the 6 parishes in Grenada and the affairs of the town of
Hillsborough, Carriacou, were ImcI aed'by a Town Board.

Local Government was first introduced in Grenada 99 years ago when 6 "Paro-
chial Boards" were established in the 6 parishes, Carriacou and Petit Marti-
nique being then, administratively, part of Grenada's northernmost parish of
St. Patrick's.

These Parochial Boards were replaced by Town Boards in 1901 and, three
years later, there was a further replacement by District Boards. St. Geo-
rges town became a municipality in 1961.


prime Minister Herbert Blaize on August 7th received a donation of US$500
from the United States based Everybody's Magazine Charitable Foundation.

The presentation was made by Ms. Beatrice Lucas, Senior Vice-President of
the Foundation, and the money is to be spent in petit Martinique, the small-
est of the three island states of Grenad4, Carriacou and Petit Martinique.

I"This money is part of the svm raised at our annual awards dinner", Ms. Luc-
as said, "which was held in June and at which Dr. Lamuel Stanila~us, Gre-
nada's Ambassador to the United Nations and himself a native of petit Martin-
ique, was named the magazine's "Man of the Year,".

iMs. Lucas said the principal beneficiary of this year's awards dinner is the
Scholarship fund of Medgar Evers College of the City University of New York.

'Previous beneficiaries in rcrn;*a of the Foundation are the Home for the
!Aged, the School for the Blind and the Kenn-dy Home for special kids.


Week Ending 24/8/85

Page 21

- .i. Ic o

page 22 THE GRENADA NEWSLETTER week Ending m -/o/p

In an interview after the Hinding-over ceremony, Mr. Blaize said he would
consult the people of Petit Martinique on their wishes as to how the dona-
tion should be sient6 It would be devoted4 he said, to youth projects and
he mentioned the school and playground as possible projects

Spetit Martinique, just off the east coast of Grenada's sister island of Car-
riacon, 20 miles north of Grenada, has an area of about 3 square miles and
a population of some 500 people*

Alistcr Hughes

(abroad en a- beldamian
Cynthia Hughes

24th August 1985

printed & Published by the Proprietors
Alister & Cynthia Hughes, Journalists
Of Scott Street, St. Georges, Grenadj, Westindies

_ ---~-r-

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