For The .eek Lnding 23rd November 1985
12th Year of Publication - - 327th Issue
Volume 13 Number 16
CHIEF JUSTICE RETIRES
The Barristers' Eenches in the Grenada High Court were crowded on November
20th as the Grenada Bar said farewell to Chief Justice Sir Archibald Nedd
who went on leave that day prior to his resignation from the Bench which
takes effect at the end of the year.
More than 40 Barristers were present, including most of the Defence Team
in the "Maurice Bishop" murder trial, and tributes were paid to Sir Archi-
bald by the Leader of that team, Mr. Ian Ramsay, Q.C.
Tributes were paid also ty Mr. Karl Hudson Phillips, Q.C., Leader of the
Prosecution in the murder trial, by Mr. Lyle Hosten, the oldest legal prac-
titioner at the Grenada Bar, President of the Grenada Bar Association, Mr.
Mike Andrews4 Mr. Ben Jones, Minister for Legal Affairs and Mr. Justice
James Patterson, who occupied the Bench with Sir Archibald on this occasion.
At Sir Archibald's instance, before the ceremony began, the Court stood in
silence i honour of Mr. Hudson Phillip's father, Henry William Alexander
Hudson Phillips, Grenadian born and a Barrister himself, who died in Trini-
Mr. Hosten said he had been present at many similar ceremonies at which
Judges "took their exit", but that day's ceremony was special.
"We are saying goodbye, from the Bench, to zct only a judge, a distinguished
Grenadian", he said, "but to a friend1'.
The position of a Judge is not an easy one, Mr. Hosten said, it does not
promote popularity because the success of one litigant is the defeat of
another. In his opinion, he said, Sfr Archibald had filled the position
admirably, dispensing justice equally in accordance with the oath of his
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Mr. Ramsay referred to Sir Archibald's hearing and judgement in the motions
relative to the constitutionality aad legality of the Grenada (Cre .ac
Supreme Court, which motions have a bearing on the "Maurice Bishop" murder
trial. He congratulated the Chief Justice on his contribution to "the
t"Worldwide jurisprudence on the points involved".
There is a false belief, Mr. Ramsay said, that small countries of hybrid
ancestry and with predominantly African ancestry, cannot achieve much, and
there must be a struggle to bring proof against this.
"You, sir, in Grenada"l he said, "are a part of the proof which lies upon all
of us as Westindians".
Mr. Hudson.Phillips thanked Sir Archibald for references to his deceased fath-
er. He said he is aware of the "harshness of the times" under which Sir
Archibald qualified and achieved a "most distinguished legal career".
The democratisationn" which has taken place, he said, very often degenerates
into "mobocra-isation" with a loss of standards and a sacrifice of principles.
"That cannot be said of those like the Lord Chief Justice who were forged and
fashioned at a time which demanded everything of the individual", Mr. Hudson
Mr. Jones said he spoke as a member of Government and, on behalf of Government
he offered congratulations to the Chief Justice. In the short period of the
present Government's life, he said, it may be found that enough has not been
done for the Courts.
"I would ask that you be lenient with us" he told Sir Archibald, "on the
grounds that we have been in office only 11 months".
Sir Archibald's resignation caught the Government by surprise Mr. Jones said,
as it had been hoped he would continue to serve throughout the life of the
Adding his quota to the tributes Mr. Patterson said people often take their
blessings for granted.
S"I submit", he said, "that in the Chief Justice, Members of the Bar in Grena
S-da have a profound blessing, the reality of which will be apparent only
when he leaves".
"If I were to suimarise what has been said here today", Mr. Patterson told
Sir Archibald, "I would say the jl.r~.'inent of all here is that you, sir, are
a real man but, more than that, a gentleman".
Chief Justice Nedd thanked the speakers for the sentiments expressed and mem-
bers of the Bar, generally, for attending the ceremony.
"When I was called to the Bar 47 years and 3 days ago", he said, "although I
had my dreams, I never for one moment imagined this type of ceremony would
THL G'.LNADA NEWSLETTER
ever take place in my honour".
All the speakers had been complimentary, he said, and he thought anything
he may have achieved resulted from the fact that ha has had the opportunity
to see and hear Judges in action.
"I have tried to take from them all the best qualities which they demon-
strated", he said, "rejecting those which I thought did nothing to enhance
the office of Judge",
Sir Archibald said he is disappointed that he has not been able to achieve
more in the betterment of conditions of those serving under him.
One Magistrate, he said, still sits in "a 2 by 4 Court", Barristers still
have to use "an apology for a Robinr Room" and it had to take a visit of
the QueeiL to secure "a couple of coats of paint" for the outside of the
The Chief Justice said he regretted he had missed an opportunity, when he
attended a luncheon during the 'u-jn's visit, and had sat near one of the
He should have takentthe opportunity then, he said, to ask the lady-in-
waiting to "convey to Her Majesty my thanks for her visit, particularly
because I managed to get some paint on this building".
Sir Archibald was Grenada's Island Scholar in 1934, was called to the Inner
Temple in 1939, after which he returned to Grenada and entered private prac-
He became a Magistrate in Dominica and a Judge in Nigeria,
Caribbean as a Judge in the Organisation of East Caribbean
Court, serving in Antigua and Grenada.
Following the revolution of 1979, and the establishment of
reme Court, he became Chief Justice of Grenada.
returning to the
the Grenada Sup-
SHis successor as Chief Justice has not been announced.
"MAURICE BISHOP" MURDER TRIAL FOR FBRIUARY A3SI3ES
The "Maurice Bishop" murder trial had been adjourned to the next Assizes
I which commence on February 4th 1? 6.
The adjournment was made on November 19th in the High Court by Mr. Justice
!James Patterson at the request of Mr. Karl Hudson Phillips, Q.C., Leader
of the Prosecution.
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THi GRUNA'dA NEWSLETTER
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Principal reason for the adjournment is that the vacancy created by the
resignation of Chief Justice Sir Archibald Nedd has not yet been filled
but Mr. Hudson Phillips told Mr. Patterson he understands that "everything
will be in place" for the trial to start next February.
Agreeing to the adjournment, Mr. lan Ramsay Q.C., Leader of the Defence,
said he hopes that "everything will be in place" means that the "constitu-
tionalisation" of the Courts will be complete.
The Grenada Suprerre Court, established by the Peoples Revolutionary Govern-.
ment, has been declared unconstitutional by the Court of Appeal but deemed
"legal" by that Court under the doctrine of "necessity".
The Appeal Court expressed the hope that the Government of Grenada would
take the necessary steps to correct this situation as soon as possible.
A source close to the Prosecution said the Prosecution hopes that, when the
February Assizes open, February 10th will be fixed as the date on which the
trial will start.-
i -,. .
DEFENICE MCTICnl FOR NEXT A33IZES
The start of the hearing of the motion filed by the Defence in the "Maurice
Bishop" murder trial was 'adjourned on November 21st to the Assizes which
open on February 4th.
This motion challenges the constitutionality of the Grenada Supreme Court
and asks that the claim of the accused that their constitutional rights
have been denied be referred to the Supr me Court of the Organisation of
East Caribbean States.
The adjournment was granted by Mr. Justice James Patterson at the request
of Mrs. Velma Hylton, Q.C., Director of Public prosecutions
HUMPHi E T.-iJ.L CCCIONUT WATER
A slight improvement in the condition of Chester Humphrey was updated on
November 11th, the 70th day of his hunger strike in protest against extra-
dition proceedings to take him to the United States to face charges of gun
Hospital sources said Mr. Humphrey drank two glasses of coconut water on
November 2nd and had since accepted "a few sips" of water but refused every-
Week Ending 23/11/85
THE GRENADA NEwSLETTER
The source said Mr. Humphrey was still suffering from dehydration and had
lost an estimated 20 to 30 pounds from about a normal 160.
Additionally, the source said, he was showing symptoms of the possible
start of a stomach ulcer.
Mr. Humphrey was arrested in the United States a few weeks before the New
Jewel Movement (NJM) revolution of March 1979 and charged with smuggling
guns to Grenada. The case was fixed for hearing in October 1979 but Hum-
phrey jumped bail, returned to Grenada and, as an NRM member, played a
prominent part in the island's trade union movement.
Application by the United States for extradition as been heard both in the
Magistrate's Court and the High Court and, in both instances the decision
went against Mr. Humphreyi The application is now to be heard by the Ap-
peal Court which sits on November 25th4
A campaign has been mounted in Grenada to gain support for Mr. Humphrey
and Government has been urged to "take a political decision" and free:him.
BLAIZE ASKS TJC FOR "EXAMPLES"
Prime Minister Herbert Blaize has asked the Grenada Trade Union Council
(TUC) to give him "examples" of any "harsh treatment" being meted out to
Chester Humphrey now held in custody pending his appeal against an extra-
dition order to take him to the United States to face charges of gun run-
Mr. Humphrey, Under guard at the General Hospital, was on November 14th in
the 73rd day of a hunger strike in protest against the extradition order.
Mr. Blaize's request to TUC, dated 11th November, is in reply to a TUC let-
ter of the same date saying TUC "is of the view the nature of the charge
does not seem to warrant the kind of harsh treatment meted out to Humphrey".
"You refer to 'the kind 6f harsh treatment meted out to Humphrey'," Mr.
Blaize replied. "Since the matters raised in your letter do not reflect
the reality of the situation, I request that you give examples of what con-
stitutes 'harsh treatment' ,.
The matters raised in the TUC letter are TUC's concern that "even in his
present condition, Humphrey is still handcuffed to his bed", and he "has
been denied easy access to his lawyer, his parent and relatives".
Mr. Blaize said Humphrey is not handcuffed to his bed, he (Blaize) having
instructed that the handcuffs be removed on November 8th when Humphrey was
moved to a private room in the hospital.
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Week Ending 23/11/85
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"I do not know exactly what you mean of 'easy access' ", MriBlaize said,
"W'hat I do know is that Hubphrey is allowed visits by his lawyer, grandmoth-
er, father and wife".
A source -close to the hospital said Humphrey is taking sufficient nourishment
and fluid to st;r- alive but his condition is weak, The source said the long
est time a person hap been known to stay alive without solid food or water is
12 days, and without food but with fluid, 80 days*
Mr. Humphrey is charged in the United States with smugZling arms to Grenada
prior to the New Jewel Movement. (IIrJ) revolution of March 1979. He jumped
bail and returned to Grenada where, as a member of NJM, he played a prominent
.role in the rr'-e Union movement.
When he was arrested some 20 months ago, to face the extradition charges, he
was 1st Vice President of the Technical and Allie-d workers s Union and a member
of the TUO Tinr.gen Kimeut Committea.
THL COiJ3rPITUTIC;A L RG.CPCGSALS
Grenada's Constitutional Beview Commission has warned that tbere will be a
"danger" if the islnn4de Constitution is amended to limi t t t tenuer of the
oftlice ot Prime :-ilertiir.
Under its terms of reference, the Commission was charged with "ensuring tat.
no one person mitht serve as Prime Minister for more than O coneoeoutlve
years", and it was suggested to the Commission that the limitation on the ten-
ure of the United States presidency is a useful precedent for this proposal.
The Commission points out, however, that there is a fundamental difference
between the governmental systems of Grenada and the United States. Under
the U.S. system, the legislature is elected for a fixed period while this is
not so under the Grenada system.
"The idea of limiting the tenure of the Frimr Minister ....", the Commiss-
Sion's Report says, "does not seem readily to dovetail into a system in which
the possibility of resorting to early elections is of the essence if parlia-
mentary democracy is to be maintained".
If a particular leader is populr, the Commission says, it may be considered
disruptive if he were to step down at a time when his on-going programmes
are in train and doing well.
"Since the proposal seems to be that, after stepping down, he may continue
to serve in the Cabinet", the Commission s-.ys, "there is a real danger that
Shis colleagues may want to consult him as if he still held the office of Prime
Minister and follow his advice, whatever his new designation or assignment
'Jtek Ending 23/11/35 THE GRENADA UIT'.SLBTTER Pag 7
The Commission is persuaded that there is merit in this representation
and has drawn it to the attention of Government for further consideration.
This recommendation is one of many in the R.cport of the Commission sub-
mitted to Governor General Sir Piul Scoon on hijvirmber 5th nd drawn up ov-
er the nine-month period since the Commission was pointedd t by Sir, paul
on February 14th.
Headed by former Governor of St. Kitts-Nevis, Sir Fred phillips, the Terms
of Reference of the Commission were to make recommendations for amendments,
reforms and ch.-nces in the Grenad.a's 1973 Independence Constitution "as
are in the opinion of the Commissioners necessary and desirable for pro-
moting the. peace, order and good government of Grenada s.."
To..this end, apart from its inaugural meeting, the Commission held three
public meetings en St. Gcorge's, two in Carriacou and one in Petit Martin-
Public response was good, twelve individuals and four organizations sub-
mitting memoranda and supplementing those documents with oral evidence,
Additionally, 15 other individuals sent in memoranda, another 15 indivi-
duals were interviewed and memoranda from 10 other organizations were con-
"The Commission regarded the number of memoranda received as impressive",
the Report says, "and m .ny of the submissions were, gratifyingly, not only
interesting but informative, and thought-provoking",
The Commission considered the section of the Crionstitution which protects
Fundamental Rights and Freedoms and, in its Report, points out that, from
1968 (when Sir Eric G.:iry's administration came to power) the island's
history was "marked by widespread breaches of human rights, intimidation
of the citizenry and public corruption".
"Notwithstaniing the history, however"i the Report says "if the test of
the quality of protection of fundamental human rights in Granadr were the
comparison of the human rights protection under the text of the Constitu*
tion with that of some other Commonwealth Caribbean states, the result
would be favourable to Grenada".
But, in spite of the protection afforded by the written word of the Con-
stitution, there have been violations of fundamental rights in Grenada and
the Commission says its attention was drawn particularly to the expropria-
tion of private property without effective compensation during the Gairy
era prior to the l-:w Jewel Movement revolution of 1979.
"The means by which this end was achieved appeared to be a combination of
bureaucratic delays and an intimidatory atmosphere which discouraged
Page 8 THE G'AIADA ULi,SLETTER Week Ending 23/11/85
victims from the most vigorous pursuit of such remedies as might have been
available at Law", the Commission says.
Even if these cases of expropriation without compensation had been pursued
to the point of having a Court judgement in favour of the property owner#
the Commission says the rights of the offended persons may not have been
The reason is that, under existing law the Courts cannot issue injunctions
against the Government in Civil matters nor can Government be forced by the
Courts in these matters to satisfy judgement debts.
The Commission considers the provisions of the Constitution protecting Fund-
amental Rights and Freedoms to be adequate but recommends that the law be
amended to permit the Courts to issue the necessary injunctions and orders
on Government in Civil matters where the violation of fundamental rights is
"Title to land compulsorily acquired should also be statutorily provided ..&
to vest only after the payment of compensation", the Report says, "subject
to an exception for instances where the use of the property acquired is a
matter of emergency..."
The Commission took into account the role played by Governor General Sir
Paul Scoon after the traumatic events of October 1983 when Prime Minister
Maurice Bishop and members of his Cabinet were assassinated and the Peoples
Revolutionary Army murdered scores of Grenadians.
At that time, as the only constitutional authority on the island, Sir Paul
assumed executive authority and appointed an Interim Government which remain-
ed in power until General Elections were held in December 1984 and an elect-
ed government took office.
"The position of the Head of State under the 1973 Constitution is one of
dignity rather than power", the Commission says, "but the history of the
fall of the Peoples Revolutionary Government and the restoration of constit-
utional democracy has given a greater prominence than usual to the position
of .... the Governor General ...."
Under the Constitution, the Governor General, the Queen's representative,
is appointed in the discretion of Her Majesty, the Commission points out,
but by convention, the Prime Minister selects the person who is to be the
The Commission says it makes no recommendation as to whether the Head of
State should remain the Queen represented by the Governor General or whether
he should be a president presiding over a republican regime.
"This is, in the Commission's view, the kind of choice in which technical
issues can be less important than the collective expression of the national
THE GRENADA NLEiSLiTTER
consciousness through the political process", the Commission says.
The Commission did become aware, however, "that what quite a vocal minor-
ity in Grenada wants in future is a Head of State who would not owe his
appointment and continued tenure as such solely to the Prime Minister",
The Commission canvassed sources of opinion in this connection and found
there is considerable anxiety as to the suitability of "unfettered prime
ministerial nomination" as the means of the selection of the Governor Gen-
It is not specified by the Commission but the "anxiety" referred to must, nc
no doubt, centre on events in Grenada in January 1974.
At that time, the island was locked in demonstrations against the break-
down of law and order and police brutality under the Government of Sir
At the height of the demonstrations, the Governor, Dame Hilda Bynoe, in a
broadcast over R.dio Grenada, said she would resign if, by a specified
time, she was not assured that Grenadians wished her to stay in office.
Th, chants of demonstrators, she said, had questioned her sanity and in-
tegrity, and the assurances she required were being sought from both the
Government and Opposition parties.
Within 24 hours, she had been fired. An announcement on Radio Grenada
said Sir Eric had advised the Queen to terminate Dame Hilda's appointment.
The announcement said Sir Eric stated that the prerogative of recommending
a person to be appointed as Governor rested with him and, in approaching
the opposition parties for assurances, he thc;.ht the Governor had attempt-
ed to remove that prcr..g:tive.
"The Commission is firmly of the view that, having regard to the recent
happenings in Grenada", the Report says, "there should be inserted in the
Constitution a deeply entrenched provision that the Governor General or
President should be aprcinted by an Electoral College comprising the memb-
ers of both Houses of Parliament and the Chairmen of the District Boards
as well as the 2hrirman of the Council for Carriacou and Petit Martinique.t."
With reference to the "District Boards" and "Council for Carriacou and
Petit Martinique", the Commission dealt with these under the head of "Local
Local Government was first introduced in Grenada 99 years ago when 6 I"Par-
*ocial Boirds" were established in the 6 parishes, Grenada's sister islands
of Carriacou and Petit Martinique being then, administratively, part of
Grenada's northernmost parish of St. Patrick'.s.
These Parochial Boards were replaced by "Torn Boards" in 1901 and, three
Years later, there was a further replacement by "District Boards". -contd-
Week Ending 23/11/85
page 10 TL ,.i..DA LL6 SLLL TL ,etk Ending. 23/11/f5
St. George's became a municipality in 1961 but, under the Gairy regimes all
Local Government was abolished in 1969.
In that year, addressing the Annual Conference of Local Government Bodies,
Mr. Herbert Preudhomme, Minister of Local Government announced his Govern-
ment had decided to dissolve all Local Government Bodies.
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 opposition political part4 which
'then controlled Local Government.
.The Commission's Trrms of Reference include a mandate to encourage a wider
participation by Grenadians in the democratic processes" ... at local Gov-
ernment level and ensuring that the people of Carriacou and Petit Martinique
have a special position in the administration of their own affairs in the
Memoranda submitted to the Commission reflect the "history of neglect" the
people of Carriacou and p'tit Martinique have suffered at the hands of the
Central Government in St. George's, and catalogue a train of grievances
that can rightly be pronounced "injustice".
These memoranda advocate "far r-iching" authority for Local Government in
the sister islands, the Report says, including ,-:Ipirintment of a "Premier"
for the islands and a sl:p rate legislature with power to make laws and to
"provide that the territory r, ay cease to be federated with the island of
The Report says the Commission was pressed by several prominent members of
the Carriacou community to give consideration to a -uggestion that the re-
vised Constitution should give Carriacou and petit Martinique the option to
secede from Grenada.
"This is an extreme proposal, no doubt precipitated by the injustices the
people of Carriacou and Petit MIrtiniquE have suffered over the years", the
Commission says. "The Coimr:il crin is, nevertheless, persuaded that a con-
stitutional provision providing for sec-rsibn is unjustified in the circum-
stances and regrets being unable to tender such a recommendation".
Recommendations which have been made by the Commission include establishment
of a "Council for Carriacou and Petit Martinique" with such m-mbership and
functions as Parliament may prescribe.
It is also recommended that a Bill to amend the section of the Constitution
dealing with Local Government in Carriacou and Petit N:rtinique shall not be
passed unless it receives two-thirds majorities in the House of Representa-
tives and the Senate.
Week Ending 23/11/35 THE GRENADA NEWSLETTER Page 11
Additionally there must be an interval of not less than 90 days between
the introduction of the Bill in the House and the beginning of proceedings
*in the House on the second reading of the Bill. The Bill must then be
approved in a referendum by at least two-thirds of the votes cast.
As regards Local Government on the mainland, the Commission recommends
provisioh in the Constitution for establishment of the nknicipality of St.
George's town, and District Boards for the parishes of St. Patrick's, St.
Mark's, Sti John's, St. George's, St. David's and St. Andrew's.
The Commission's Reort refers to the judicial system in Grenada and
points out that the system of courts non-functioning in the State is not
the system for which the 1973 Constitution makes provision.
Th- Constitution makes provision for a judicial system shared by Grenadp
with St. Vincent, St. Lucia, Dominica, Antigua, and St. Kitts-Nevis, the
Eastern Caribbean Suprr:i;i, Court, but in Grenada this was replaced by the
Grenada Supreme Court after the revolution of 1979. The peoples Revolu-
tionary Government also abolished the right of appeal to the Privy Council.
The Report refers to an unsuccessful challenge to the legality of the Gre-
nada Supri-em Court made by 19 persons accused of, the murder of Prime Minis-
ter Maurice Bishop and others.
"Although their challenge failed", the Commission says, "the Court of Ap-
peal by a majority declared the local system's validity to be transient
and founded on necessity only, with the expressed consequence that its con-
tinued operation beyond the limits of thatmcessity would not be rcccgnised
The Report quotes the President of the App':--i Court, Mr. Justice J.O.F.
Haynes as saying in his judgement that "... the legality is temporary only*
.until either effective steps shall have been taken to resume the State's
participation in the pre-revolution Supreme Court or constitutional legis-
lation shall have been pr.-i~ d ... to establish another Supreme Court in its
Also quoted by the Report is another jud.leo of the Appeal Court, Mr.Justice
Sir Neville Peterkin, who said in his jIu._-emnt, "in my view one thing is'
certain, namely, that the present Court .... cannot be given indefinite
recognition for the future",
The Commission considered the advantages of returning Grenada to the East-
ern Caribbean Supreme Court as compared with the advantages of:establishing
the local Grenada Suprcmw Court constitutionally, t-king into account the
safeguarding of the ind-e.rndcnc of the judges.
Because of the relative methods of appointing judges and removing them from
office, the Commission found the Eastern Caribbean appreme Court provided
more protection, but said, a return to that Court cannot b .,utmatic.
-con Pnued- i
pag 12 .THE GClADA NLWSLETTER W~k Ending 23/11/85
Grenada was a party to the West Indies Associated States Supr-em Court
Agreement of 1967, the Report says, but that Agreement has been replaced by
the Eastern Caribbean Supr-i.re Court Agreement which came into effect in 1982
when Grenada was under'.the control of the Peoples Revolutionary Government.
Grenrmda is not now a signatory to the new Agre'rmenct, the Re-ort says, and
the Stitt's participation in that Agreement might well take time to effect
as it is possible that Grenada might wish to suggest amendments.
"The Commission is, however, of the view that the balance of advantage for
Gr'n-da is heavily weighted in favour of retention of the Eastern Caribbean
Supreme Court system", the Commissioners say, "'T*h- protection of the in-
dependence of the judges which that regional system offers, safeguards a val-
ue of special importance and difficulty of achievement for a society such as
With reference to r-i. als to the Privy Council, the Commission said.the de-
sirability of retaining the appellate jurisdiction of the Judicial C:nmmittee
of the Privy'Council has been a matter of wide discussion in Caribbean legal
circle for many years.
A decision on this question, the tcpcort says, should not be a unilateral one
by Grenada but should be a matter of common action by the countries subscrib-
ing to the Eastern Caribbean Supreme Court.
"Consequently, therefore, with its position on the importance of common ar-
rangements for the states participating in the Eastern Caribbean judicial
system';,. the Report snys, "the Commission recommends the restoration of the
Privy Council's appellate jurisdiction, not because it is in favour of,,the
retention of such appeals as a matter of principle, but because it considers
the unity of the Eastern Caribboan judicial system sufficiently important to
prevail over the disadvant :" -, of the system of the final appellate juris-
diction of the Privy Council".
An interesting recommendation in the R.eprt is that for the appointment of
The recommendation is not without reservations, however, and the Commission-
ers emphasis that the office ismt to be regarded as a substitute for or
rival to Parliament or the Courts but as a necessary c-mplement to their
work, using persuasion, recommendation and publicity rather than compulsion.
"Although the Commission has reservations about the effectiveness of the
Office of Ombudsman in some Member States of the Caribbean Community and the
creation of additional institutions for small developing countries like i3re-
nada with the attendant .costs involved"t, the Commissioners say, "it never-
theless recommends that, in the special circumstances of Grenada over the
past decade, the Office of Ombudsman can perform a useful function and
should therefore be established.....
Wgek Ending 23/11/85 THE GRENADA NE'SLETTER page 1
The Ombudsman need not be a person with IcEil qualifications1 the Report
says, but should have known administrative competence and must necessarily
be a person of known independence and proven integrity.
He should be empowered to investigate complaints alleging administrative
fault on the part of departments of Central and Local Government or other
bodies in which the State has a major interest, but the Commission is of
the view that, for the time being, the Ombudsman's investigations should
not extend to the security forces.
The Commission's terms of reference include the charge that it should en-
sure that ".elected parliamentary representatives are subject to recall by
their respective constituents for persistent malrepresentation or other
sufficient cause in the view of the constituents".
Before the Commission was one memorandum which set out, in detail, a system
of recall, which could be used against a parliamentarian after he has serv-
ed 12 months but the Commission thought that, if implemented, it would have
"The Commission has given careful consideration to the practicability of
these proposals", the cRpc.rt says, "'sni is of the opinion they would in-
evitably have the effect of inviting recall petitions every 12 months, with
the result that there could conceivably be as many recall petitions.as
there are seats in the National Assembly every 12 :r.aths".
The Commission suggests that the most appropriate way to effect recall is to
permit constituents to petition the pc.i-ker for removal of a parliamentar-
ian where serious malfeasance or malrepresentation is clear, although the
Commission realises the difficulties of proving the allegations
Details of the system set out in the memorandum have been made an appendix
of the Report as have been details of recall systems used in some of the
United States and in some socialist countries.
"HIvirqgl set out in the above Appendices the systems of recall as it applies
both in socialist countries and in the U.S.A." the Report says, "the Com-
mission is of the view that the matter should be left to the judgement of
the Government of Grenada to determine which alternative the-y may wish to
The Report of the C-o .i .icn covers also, ,mcmn others, recommendations with
reference to reforms in the Public and Police .-rvices, the electoral mach-
Iinery and the prevention of corruption.
In an epilogue to the Report, the Commissioners point out the urgency with
:which their task had to be undertaken and cor,rleted and this has "rendered
.unavoidable the problems of hasty execution of a duty whose nature required
;maturity of reflection".
I .. ......I-
Week Ending 23/11/85
The epilogue points out, too, that consideration of the various issues has
not been exhaustive.
"For the same reasons, the recommendations of the Commission will call for
further work", the epilogue says, "not only in relation to attention to
those issues which have not been addressed but also and more immediately
in the preparation of the draft amendments to the Constitution ..."
Whatever the shortcomings arising from these circumstances, the Commissioners
express the hope that their'recommendations will contribute to the future
health and well-being of the CrtnA..ian State and to an era of enjoyment by
the people of Grenada of an ordered peace and prosperity such as has been
in large measure, denied them over the past quarter of a century.
Five persons served with Sir Fr'..d Phillips as Commissioners, one being prof-
essor Ralph Carnege, D;enn of the Fa:culty of Law at the Cave Hill, Barbados,
campus of the University of the West Indies.
Another is Mr. Brynmor Pollard, a barrister attached to the secretariat of
the Caribbean Community and the third is Mr. John Barrymcre Renwick -a re-
tired Fuisne Judge of the Eastern Caribbean Supreme Court.
Also on the Commission was Mr. Michael Andrew, president of the Grenada.Bar
Association while Mr. Bernard Gibbs was secretary to the Commission*
The Commission was advised by Prime Minister Herbert Blaize that professor
Randolph McTnto:sh, Professor of Law, School of Law at Howard University had
been asked to serve as an Associate Commissioner.
"The Commission profited greatly from Professor McIntosh's forthright and
incisive views", the Report says and, although it could not always share
some of his views, a number of his ideas are reflected in this Report".
To date, the Commissioner's report has not been made public but it is expect-
ed to be released shortly for public discussion and comment.
BJ:i FACTCRY SHOCVS IiJ.iL~ LD ..FIT
The downward sales trend of Gr.:'.la Breweries Ltl., evident over the past
1 five years, has been reversed.
Sales of all prroucts were 259,461 cartons compared with 226,224 cartons
last year (an increase of 14..?:), but this figur. is still short of the
Company's peak year of 1979/1980 when 338,304 cartons were sold.
A pre-tax profit of ECi3.1 million has been' m de in the financial year end-
ed 30th June last, up frr-. LC.'830,000 in 1931, while th,-vTlue of sales was
EC$6.1 million ccm..re 2 with 2'C.3,2.million in I?3. .
._-_ _-_T1 |-_ _ ,,_ i ,tji ,d. i
Tii; ; ~:J;j~~lj., I:L~SLLT~E~
Week Ending 3/,, '1/5 THE G..:'tD.. NIlSLTTER Page 15
These facts are disclo-ed in the review of the Chairman of the Board of
Directors of the Company, Mr. Fred Toppin, circulated to shareholders, but
Mr. Toplin warns that present production levels are unsatisfactory.
"If we are t- stay in business we must increase production", his review
says "as, in the long term, continued operation at the present level can-
not sustain profitability".
Grenada Breweries Ltd. was incorporated as a public company in 1960 and
has an authorised capital of ECj6.48 million, of which EC$4.1 million has
been issued and fully paid up.
Mrv Toppin, who is also Managing Director of the company, took over the
post in 1974 from Sir Leo DeGale when Mr. DeGale was appointed Governor of
The Directors have recommended payment of an 8% dividend to shareholders,
an increase of one percent over the rate paid last year, and Mr. Toppin
points out this must be ju-.led in the light of Government's fiscal reforms.
"While this increase (1%) may seem relatively small", he says, "I would
like to remind members that, as a result of tax relief measures introduced
by Government in its Buldget earlier this year, dividends to shareholders
resident in Grenada are free of income tax and a return of 8% must be con-
In his report for 1984, the Chairman said the Company's sales of malt were
being adversely affected by severe cfmpt-.it ion from traditional soft drinks,!
but it was exp' acted that, in 1985 production and sale of the Company's own
soft drink, "Tin," would be started,
He now reports that "Ting" was launched last April but sales are running
at less than 50% of projections
It is perhaps unfortunate, though unavoidable", he says, "that the intro-
duction of "Tinr" coincided with the launching of another non-alcoholic
soft drink and a period of intense competition and promotion of two local
soft drink manufacturers (had the effect that) 'Ting'suffered as a result".
For the third year in succession, Mr. op --n has complained in his review
Sof smu gling which seriously affects the Company's sales. This smuggling
was, originally, confined to Grenada's sister island of Carriacou, but the
SChairman reports it has "spilled over into Grenada to an alarming extent".
"This smuggling~ is not limited to beer alone", he says, "and would seem to
present a serious throat to legitimate Government revenues and to the fut-
ure of the brewery".
,To combat this activity, Mr. Toppin s:~,s, Government has set up and has had
some success with an Investigative Branch of the De=rrtment of Customs and
THE GrDi-DA NE iSLETTER
The Chairman has reason to continue to complain also of the supplies of
electricity and water. Electricity has been the greater risk, he says,
and the Company was saved from ruin by the investment, some years ago, of
a large standby plant.
'Water, despite the promises made last year", Mr. Toppin says, "was in short
supply during the dry season, and several days production was lost as a re-
A survey has indicated that adequate underground water is available in the
area of the factory, he says, and "if our experience this coming year is
still unsatisfactory" the Company will sink a well.
In an interview with N-.;SL1TTLR, Mr. Toppin expressed optimism that the cur-
rent year will show an improvement over 1984.
"Business is marginally brighter to date", he said, "but we expect a bumper
23rd November 1985
printed & Published by the proprietors
Alister & Cynthia Hugh'-s, journalists
Of Scott Street, St. Georges, Grenada, Westindies
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7,ek Ending 23/11/85