The Grenada Newsletter Saturday 3rd February 1990 Page 5
APPEAL From Page 4
legal Counsel). If the jury had considered
this defence, Mr Hughes said, this may have
influenced their deliberations as to whether
or not there was a conspiracy by Coard and
the Central Committee of the New Jevel
Movement to murder Bishop and those who
died vith him.
Before the Court are fourteen men and one
woman sentenced to hang for the murder of
Bishop, members of his Cabinet and others,
in a bloody shooting in October 1983 at
Fort Rupert, Headquarters of the Peoples
Revolutionary Army (PRA).
Among those in "death row" are Bernard
Coard, Deputy Prime Minister in the Peo-
ples Revolutionary Government his Jamai-
can vife Phyllis, Selvyn Strachan, a mem-
ber of Bishop's Cabinet, Hudson Austin,
General of the Peoples Revolutionary Army
(PRA) and officers and foot soldiers of the
The Court presided over by Justice Sir
Frederick Smith with Justices Rex McKay
and Time Kendall, is hearing appeals
against these sentences. Also before the
Court are appeals of three other men serv-
ing long prison sentences for manslaughter
arising from the same incident.
A power struggle between Bishop and
Coard led to Bishop being put under house
arrest by a faction of the Peoples Revo-
lutionary Government (PRG) loyal to and
led by Coard.
On the day of the murders, Mr Hughes said,
there had been demonstrations and general
unrest throughout Grenada. The masses
had defied the soldiers guarding Bishop,
freed him and the Prime Minister had led a
large crowd to Fort Rupert, "a very sen-
sitive military centre".
Mr Hughes argued that Evart Layne, one of
the condemned men, then a Colonel in the
PRA, was justified in sending a detachment
to recapture Fort Rupert and suppress all
acts of treason.
"When the civil authority is para-
lysed by tumult, insurrection or dis-
turbance of public order," he said,
"all acts done in good faith by .a
military commander for the preser-
vation of the State, which were dictat-
ed by necessity, are justified in law."
Mr Dennis Byron, the Trial Judge, Mr
Hughes said, had failed to tell the jury that
the defence of "necessity" had been open to
Layne (who was not defended at the trial by
The Appeal Court first sat on May 30th
1988 to hear these appeals and the sitting on
January 22nd. was the 80th to date.
Leader of the Defence, Mr Ian Ramsay, told
the Court on that day that he hoped the
Defence will have completed its case byFeb-
ruary 9th, the scheduled end of the current
A source close to the Prosecution said that
side will need "three or four weeks" to
prepare after the Defence's case is closed
and presentation of the Prosecution's case
should take about three weeks.
When the Court resumed on Tuesday
January 23rd, the proceedings were en-
livened by a sharp exchange between the
Leader of the Prosecution, Mr Karl Hudson-
Phillips Q C, and Mr Ian Ramsay, Leader of
The incident occurred vhen Defence
Council Mr Earl Witter was arguing before
thei Court that the Trial Judge, Mr Dennis
Byron,' had misdirected the jury on the
question of "provocation". He was inter-
rupted by Mr Hudson-Phillips who told the
Judges these arguments had already been
put forward by the Defence .
Please See APPEAL Page 6
MR CLARENCE HUGHES
Page 6 Saturday 3rd February 1990 The Grenada Newsletter
APPEAL From Page 5
Agreeing with Mr Hudson-Phillips, Presi-
dent of the Court, Sir Frederick Smith, told
Mr Witter he was being repetitious.
"At this rate, we vill be here until the end of
the decade", he said, "we have been very
patient but will have to be much firmer
When Mr Witter persisted that his argu-
ments should be heard, Mr Hudson-Phillips
formally objected and Mr Ramsay rose to
Hudson-Phillips: What right has Mr
Ramsay to address
the. ,Court at this
Ramsay: Becabue I am the
Leader of the
ly got all this right-
eousness now ?
What is keeping this
Appeal back is the
fact that you have
not yet given your
written outline reply
to our arguments.
Hudson-Phillips: You have not yet com-
pleted your arguments
and so you cannot get
our reply until you
have done that.
Sir Frederick adjourned the Court at this
stage for the mid-morning break and, on his
return, ruled that Mr Hudson-Phillips had
Mr Witter, who represents the accused,
Calistus Bernard, continuing his submiss-
ions, argued also that the Trial Judge should
not have allowed his client's unsworn state-
ment from the dock to be considered by the
That statement, Mr Witter said, was not fit
to be classified as an "unsworn statement."
It vas, he said, merely the defence Bernard
would have put up if he had thought his trial
vas "free and fair".
This drew a sharp statement from Sir
"I don't care what your client
thinks, he said. "I am satisfied that
he got a fair trial in the lover court
and he vill get a fair hearing here
Mr Witter was in difficulty again when he
was asked by Sir Frederick to point out
exactly where the Judge had misdirected the
jury as he (Witter) claimed. The Defence
Counsel began to explain how he would,
structure his arguments but was interrupted
by Judge Rex McKay.
"You really are prevaricating," Mr McKay
said, "what you have to answer is a simple
Also addressing the Court on this
(23rd) were Defence Counsel Messrs
.Nicholson and Maurice Frankson.
In his short address, Mr Nicholson told the
Court the Judge should have pointed out to
the jury that, apart from the signed state-
ment given the Police by the accused Evart
Layrne, there vas no evidence of what
orders Layne had given the detachment of
soldiers he sent to recapture Fort Rupert.
Mr Frankson argued, :among other issues,
that the trial Judge, in his summing up, had
shifted the burden of proof from the Prose-
cution to the accused.
He argued also that the Judge had created
prejudice against the accused when, in his
summing up, he said their failure to give
evidence relative to the burial of Bishop and
others was not consistent with innocence.
SThe Judge had every right to make
that comment", Sir Frederick said.
"All the accused say hov much they
loved Bishop but, three years after
the event, nobody can say hov his
body came to be found in a mass
On Wednesday 24th January, Mr Frankson
continued to argue that Judge Byron had
misdirected the jury when he said failure of
the accused t say what happened to Bis-
hop's body. was not consistent with inno-
cence. Pease See APPEAL Page ?
The Grenada Newsletter Satiday 3rd February 1990 Page 7
APPEAL From Pare 6
"Failure to refer to the disposal of, the
bodies had nothing to do vith murder," Mr
Frankson told the Court. "The judge
plainly invited the jury to find the accused
guilty and they were left without any chance
With reference to evidence that a detach-
ment of soldiers had been sent from Fort.
Frederick to Fort Rupert following which
there had been killings; Mr Frankson said
the judge had given the jury several
alternative conclusions they could arrive at
depending on what they believed of other
relevant but conflicting evidence.
This, Mr Frankson said, w was
also a misdirection as, in put-
ting forward the. alternative
conclusions, the Judge as
inviting the jury to speculate.
Mr Ramsay supported Mr
Frankson's arguments and said
that, in presenting its case, the
Prosecution had not made an issue
of the disposal of the bodies.
Nevertheless, he said, the
Judge, in his summing up,
told the jury they must i a
decide what to make of the
failure of the accused,
from the dock, to say
in their statements
anything about the
"The failure was left to the jury as evidence
to be considered," Mr Ramsay said. "To
comment on the failure is ore thing but to
leave this as evidence, is a gross mis-
direction. This can mean only that the jury
could use this to decide whether anybody
gave orders to kill."
Mr Ramsay said that, in France, the burden
of proof lies with the accused and there are
checks and balances in that system.
"In our system the burden of proof is with
the Prosecution," he said, "and nothing must
be done to whittle this away or the result
will be chaos."
Mr Clarence Hughes, Senior Counsel, with
Iargunents similar to those put forward by
Mr Frankson, told the Court on Thursday
25th January that the Trial Judge failed to
take account of important facts relevant to
the defendant, Hudson Austin, General of
the Peoples Revolutionary Army (PRA)
The Judge erred, Mr Hughes said, vhen he
told the jury they could draw an inference
of guilt from the fact that Austiln in his
statement from the dock, said nothing about
the disposal of Bishop's body and the bodies
of those slain with him.
"Austin gave an explanation as to why he
o.uld know nothing about the disposal of
:'e bodies, Mr Hughes said, "but this was
_not pointed out to the jury."
Evidence given at the trial is that,
after the killings, the bodies
were dumped in a hole and
burnt. In his summing up, the
judge said there had been no
evidence of a Court Martial of
anyone who had done the killing
and that failure to arrange for
burial is not consistent with inno-
Austin had not been at Fort
SRupert when the shooting took
place, and Mr Hughes said
Austin had told the Court he
had first been told that Bishop and others
had died in "cross-fire". However, next
day, "someone" had told him otherwise.
"I took steps to clarify the matter",
Mr Hughes quotes Austin as saying in
his statement from the dock, .and I
gave orders that, within 8 days, I was
to receive reports from all the offic-
ers and soldiers vho were at Fort
Austin said also that, two days after the
killings, he had had a discussion with
Governor General Sir Paul Scoon with
reference to setting up a Commission of
Inquiry headed by the Secretary General of
the Conmmonwealth Secretariat.
However, six days after the killings, the
military intervention of the United States
and Caribbean Forces took place, he was
arrested, he said, and so was unable to carry
out the inquiry for vhich he had set the
groundwork. Please See APPEAL Pasn
Page 8 Saturday 3rd February 1990 The Grenada Nevsletter
APPEAL From Page 7
President of the Court, Sir Frederick
Smith, said Austin, as Head of the Revo-
lutionary Military Council (RMC), which
was set up after Bishop's death, must have
known where the bodies were.
"You are not speaking to people without
common sense." Sir Frederick told Mr
Hughes. "Austin professed to have loved
Bishop so much it seems strange he did not
inquire what happened to the bodies. He
would not have needed 8 days to find that
out. I would expect that the Head. of the
RMC would ask what happened to the body
of the Prime Minister he loved so much."
Court on this
day (25th) also were members of
the Defence team, Messrs Ian Ramsay, A J
Nicholson, Earle Witter, DeLano Harrison,
and Carlton Williams.
Arguments centered mainly on the Trial
Judge's reference to the lack of statements
by the defendants relative to the disposal of
Mr Williams broke new ground when, on
behalf of his client, Christopher Stroude, he
told the Court the Trial Judge had erred in
his directions to the jury.
Evidence at the trial is that Stroude was the
senior officer at Fort Rupert at the time of
the killings and, in his summing up,Mr
Byron said Stroude had failed to take any
disciplinary action against the soldiers who
had done the shooting.
"It was the duty of the Prosecution to
prove that no disciplinary measures
had been taken," Mr Williams said,
"and no evidence was brought for-
ward in this connection."
Mr Ramsay told the Court, on Friday 26th
January, that the defendants in the trial vere
tried by a jury not in keeping with the
common law, a jury in which original mem-
bers were substituted by alternates. -
"That type of jury is an American
innovation", he said. "It is a hybrid, bred
from English ideas grafted on to a matrix of
expediency vhich, in America, takes the
place of principle."
Mr Ramsay argued also that the jury was
"totally contaminated by prejudice and
bias", that its members were improperly
selected by an "un-indifferent" Registrar
and that theie was only one person on that.
jury who had a right, by law, td be there:
Addressing the Court, Mr Witter pointed
out to the Court that, of the eleven murder
victims, three were alleged to have been kill-
ed when three armoured personnel carriers
(APC) vent to recapture Fort Rupert (nov
Fort George) after the Fort, headquarters
of the PRA, had been taken over by Bishop
and large crowd.
The other eight victims (including Bishop),
he said, were alleged to have been sub-
sequently lined up against a wall and
Mr Witter said there was evidence at the
Trial that, as the APCs approached the Fort,
they were fired at from the Fort and two
soldiers were killed. This, he said,
constituted "provocation" and the Trial
Judge should have told the jury that, where
the person doing the killing has been provok-
ed, a charge of murder can be reduced to
This defence was open to the soldiers with
reference to the three victims who had been
killed at that time, he said, butJudge Byron
had failed to tell the jury this.
Judge McKay told Mr Witter that reduction
of the charge to manslaughter does not ap-
ply when one person does the provocation
and another person is killed. He said there
was no evidence to show that the three per-
sons who died had fired on the soldiers.
In reply, Mr Witter said the shooting at the
soldiers had come from the same area in
which the three victims died and, in the
circumstances of the case, the soldiers "can-
not be expected to be so discriminating".
Pl:ease See APPEAL Pare 9
The Grenada Newsletter Saturday 3rd February 1990 Page 9
APPEAL From Page 8
On this day (26th), it vas disclosed in Court
by Mr Ramsay that the Defence had six
more Grounds of Appeal to argue, numbers
3,9,19,27,28 and 30.
These cover the constitutionality of
the Court, composition of the jury,
directions of the Trial Judge to the
jury on "intention" in relation to the
charge of murder, irregularity in pre-
paration of the official transcript of
the trial, unreasonableness of the ver-
dict and that "the entire trial present-
ed an unparalleled array of errors,
mistakes and failures of elementary
justice, law and constitution, as to re-
quire its immediate nullification.
When the Court sat again, on Monday
January 29th, after the weekend, Mr
Ramsay referred to an amendment to
Grenada's Jury Ordinance and accused the
lawmakers in Grenada of being careless.
"No intelligent examination was-
made of the American law from
which this amendment was copied",
he said, "and they just tacked it on to
the original ordinance in the belief
that anything from abroad must be all
Mr Ramsay pointed out that the Jury Ord-
inance decrees that in a murder trial, 12
jurors must be selected and that the case
must be tried by "such" 12. The amend-
ment, however, says 6 other persons must
be selected as "alternate jurors" having the
same powers and functions of jurors and on
stand-by to replace any juror who dies or
The Defence Counsel said these 6 alternates
sat.vith the jury in the Court, were kept
with the jury when they were at an hotel out
of touch with the public, and had every
opportunity to discuss the case with the jury
and exert influence.
"A jury does not only give a verdict,"
Mr Ramsay said, "it tries the case,
and, in effect, this case vas tried by a
jury of I8 while a jury of 12 gave the.
As the hearings continued on Tuesday 30th
January, eleven Defence Barristers
continued the attack on the amendment in
Grenada lav which permits selection of 6
alternate jurors in addition to the 12 regular
Mr Ramsay, led the attack on January 29th
and continued on the 30th. After him, the
rest of team "supported and adopted" his
submissions, adding their own submissions
in favour of their particular clients.
Defence Barrister, Mrs Jacqueline Samuels-
Brovn, representing Andy Mitchell and
Cosmos Richardson, echoed arguments al-
ready presented by Ramsay.
"The amendment cannot be recon-
ciled with the letter of the jury lavw,
she said, "or the concept of a jury
trial fundamental to the common
She reminded the Court that two people of
the 12 selected to be the jury and also two of
the alternates had fallen ill and had been
discharged by the Trial Judge. Before
doing this, she said, the Judge should have
had the consent of the accused but he failed
to consult them.
Mrs Samuels-Brovn said too,
according to the jury law, the accused
entitled to a trial by an "established"
dealing with the matter from the start.
In the Maurice Bishop Murder Trial, she
said, the jury started off as 18 people, 12
regular and 6 alternates. First of all,
through illness, there had been a reduction
to 16, then to 14, and, finally to the 12
which gave the verdicts.
It was expected that the Defence vould
complete its arguments during this sitting of
the Court which ends on February 9th. Mr
Hudson-Phillips, informed the Court that,
when -.he Defence closes its case, the Prose-
cution will need a month to prepare a reply.
At the sitting of Wednesday January 31st,
Sir Frederick issued a rebuke to Defence
Counsel, Mr Maurice Tenn, after Mr Tenn
had taken more than two hours reading
-from judgements to prove that the Trial
Judge had not given proper directions to
the jury Please See APPEAL Page 10
Page 10 Saturday 3rd February 1990 The Grenada Newsletter
APPEAL From Page 9
"I have not wanted to stop you, but you're
putting us to sleep," Sir Frederick said.
"Instead of reading all these cases, look at
the Judge's directions to the jury and tell us
where he vent wrong."
Mr Tenn's arguments centered on a chant
PRA soldiers are alleged to have made
before being sent to recapture Fort Rupert
from Bishop and the large crowd which had
taken it over.
The Central Committee is said to have
chanted, "Central Committee orders l"
while the soldiers replied, "We obey we
obey !", and Mr Tenn said the Trial Judge
should have told the jury to ask themselves
what the words meant, if anything at all.
directions to the jury relative to
"intent,", he said, but he should
have been specific as far as intentions of the
individual accused were concerned and/or
in relation to any convenient grouping of
"The Judge's directions were confusing,"
Mr Tennsaid, "he did not relate the facts of
the case to the law, and it was not enough
for him merely to read out general direct-
ions relative to 'intention'. "
At the sitting on Friday 2nd February, Mr
Hudson-Phillips Q. C. objected to having
the Defence argue one of the Grounds of
The objection came when Mr Ramsay rose
to present his arguments that the High Court
had had no jurisdiction to conduct the mur-
der trial while there was a constitutional
case still pending.
In the murder trial, before Mr Byron, the
Defence had moved that the trial be shifted
to be held in the Court of the Organisation
of East Caribbean States (OECS). The
Defence argued then that that Court is Gre-
nada's Court as set out in the Constitution,
and the accused persons had a right to be
Mr Byron refused to accept that Motion,
ruling that the Court of Appeal had already
deemed the Grenada Supreme Court to be a
"Court of State Necessity", that is "legal"
though "unconstitutional". Mr Byron also
refused to grant a stay of proceedings in the
trial while the Defence appealed against his
The Court of Appeal subsequently dis-
missed the Defence's Appeal and Mr
Hudson-Phillips argued that the Defence did
not have a right to re-open the matter. The
Appeal Court's decision was not only that
the case should not be sent to the OECS
Court, he said, but that Mr Byron was
correct in not granting a stay of the pro-
ceedings in the Trial.
The three Judges retired to
consider the ar nts, and,
on sitting again, Sir Frederick said they had
not been able to come to a unanimous de-
cision. In view of this, he said, the Court
would allow the Defence to argue the
Mr Ramsay's arguments centered on the
supremacy of a Constitutional Motion over
ever other issue. As long as the con-
stitutional matter was not settled, he said, all
other proceedings should be stayed.
The fact that Mr Byron did not grant a stay,
he said, resulted in a vital part of the trial,
the empanelment of the jury, taking place
while the constitutional motion was pend-
If the Court of Appeal had ruled in favour
of the Defence, he said, all that had hap-
pened in the meantime in the Trial would
have been a waste of time.
The Prosecution and "other people" think
the Defence is deliberately wasting tie, Mr
Ramsay said, and, perhaps, this is why Mr
Byron acted as he did.
The Court will
sit again on Monday
The Grenada Newsletter Saturday 3rd February 1990 Page 11
GAIRY FIGHTS TO
Judle: Government's femndngq of Case
laos A Conmdy Of errors
APPEAL COURT JUDGE, MR
SRex McKay, on January 31st,
Described as a "comedy of
errors" the Grenada Governent's
handling of a case in the High Court relative
to property of Sir Eric Gairy confiscated in
1979 by the Peoples Revolutionary Govern-
Last November, Government "consented"
that is, agreed, before High Court Judge Mr
Lyle St Paul, that the PRG law confiscating
Gairy's property was unconstitutional. Mr
St Paul then gave a judgement noting the
"consent" and ordering that all properties
confiscated under that lay be returned to
Sir Eric "forthvith".
Appearing for the Government, Attorney
General, Mr Edvin Heyliger, gave verbal
notice of appeal as Government fished to
pay compensation to Sir Eric rather than
return the property. Judge St Paul granted
a two reek "Stay of Execution" to permit
Government to file their documents but, In
making their Appeal, Government blunder-
The Appeal vas made
against Mr St Paul's
special leave of
-p "the Court must
,. '_ be had before a
S"consent" can be
appealed and Gov-
S ernment failed to get
.N,.: To compound this
..- error instead of
S: Appeal on
(rSIrW EIC GAIY Sir Eric,
Government served it, in error, on Sir
Eric's Counsel, Mr Derek Knight Q. C.
On Friday 26th January, Mr Knight, acting
for Sir Eric, took possession of the building
housing the Ministry of Health, being one of
the buildings confiscated from Sir Eric by
the PRG. He asked the clerks to-leave
(which they did) and then closed the front
entrance and padlocked it.
At that stage, the Attorney General applied
to and got a Stay of Execution from Presi-
dent of the Appeal Court, Sir Frederick
Smith. Sir Frederick fixed a hearing for
January 31st and the Appeal Court sat with
Mr Knight appearing for Sir Eric and Mr
Heyliger, Attorney General, appearing for
Details of the "comedy of errors" were then
disclosed, to the Court and Government vas
given until February 8th to put its house in
order and file the Appeal. However, as the
time allowed for making this Appeal had
already expired, the Court told Mr Heyliger
he must offer good reasons for the delay.
Following the granting of .the Stay of
Execution by Sir Frederick, the padlocks
placed by Mr Knight vere broken and the
clerks returned to work. Mr Knight told
the Court that, on Sir Eric's behalf, he has
filed an action against Government for
removing the padlocks.
An affidavit filed by Mr Knight in the Court
of Appeal on January 30th, sets out the
history of this matter dating back to 1984
since vhen, Mr Knight says, Sir Eric has
been trying to get back his properties.
"To the best of my knowledge, information
and belief," the affidavit says, "the Res-
pondent (Government) has made no effort
to assist the Court in this matter and, in my
Plese See COMEDY Page 12
.W.l. C'M REF LIBRARY
CHOoOL 1O- CONTINUING STUDIES.
Page 12 Saturday 3rd Februar 1990 The Grenada Newsletter
National House Repair
Programme Has Problems
According to the Government Information
Service (GIS), the Acting Manager of the
National House Repair Programme, Mr
Rudolph Hayling, had complained that
beneficiaries under the Programme have
not been making repayments due.
Mr Hayling's concern was expressed in an
interview vith GIS on January 18th and he
said the rules of the Agreement were made
clear to those persons to vhom advances
had been made.
The failure of beneficiaries to honour their
part of the Agreement is hindering the
proper working of the programme, he said,
and he appealed to the defaulters to pay up.
The Agricultural Rehabilitation & Crop
Diversification Project, in co-operation
with the Export Support Project of the
Caribbean Development Bank, will sponsor
a workshop on Floriculture to be held on
February 8th next.
Objectives of the workshop are to review
production, organisation and performance
of growing flowers for export, and to
examine local market possibilities and ways
to develop these possibilities.
Other objectives are to improve knowledge
of external market related factors and ex-
amine their influence on production decis-
The workshop, which villa be addressed by
grover-exporters, Ministry of Agriculture
staff and flower consultants from within
and without the region, vill recommend
improvements and options in production,
technology and marketing.
COMEDY From Page 11
respectful submission, has used every
dodge to avoid a final resolution of this
According to the PRG legislation, the
properties were seized from Sir Eric
because, "after exhaustive investigat-
ions" the PRG vas satisfied that "all the
properties acquired by the said Eric
Matthev Gairy during his tenure of
office as Chief Minister, Premier and
Prime Minister were acquired by means
In addition to the building seized by Mr
Knight, other properties of Sir Eric,
seized by the PRG and affected by the
outcome of this matter, include an hotel,
guest house, night club and several lots
3rd Februawy 1990
Printed & Published By The Proprietor
Alister Hughes, Journalist
Of Scott Street, St Georges,Grenada, Westindies
(P.O.Box 65: Phone  440 2538: Cables HUSON, Grenada)
NOT TO BE TAKEN
POM NRA ,DY.
- -- -- -----
U.W.1. CENTRE LIBRARY
SCHOOL OF CONTINUING SiUDIES
Volume 18 Saturday 3rd February 1990 Number 2
"Vote for the vcniiCote with te best cfanet
of bmetinM f"kiry 's c ndliistte"
page letter, written by a prison-
er in death row at Richmond
Hill Prison, and addressed to
All supporters and activists of the New
Jevel Movement (NIM) and the Peoples
Revolutionary Government (PRG), and all
Grenadians", was circulated in St Georges
oh February 2nd.
Signed by Evart J.
Colonel in the Peoples
(PRA) of the PRG,
former member of the
NJM Central Committee
and one of the Grenada
Seventeen on Death
Rov", the letter varns
against Grenadians EVAIT
allowing the Grenada United Labour Party
(GULP) of Sir Eric Gairy to min the
"The only realistic vay to stop this from
happening is through peoples' action,"
Layne says, "by the people voting, not for
any particular party, but for the candidate
with the best chance of beating Gairy's."
Layne is one of fourteen people condemned
to hang for the murders of Prime Minister
Maurice Bishop and 10 others in a bloody
incident at Fort Rupert, Headquarters of the
PRA, in October 1983, and the Appeal
Court is now hearing appeals against these
Gairyis "more dangerous nov than before"
Layne says, and has learned nothing from
former Dictator has made no
to the Grenadian people to amend
his old vays," Layne
says. "Indeed, he has
stated openly that the
mistake he made last time
around was not to move
ruthlessly to crush his
opponents who he terms
Gairy still will not
recognize, he says, that
the upheavals of the
1970s, culminating in his
forcible overthrow, would not have taken
place were it not for electoral fraud and
Please See LETTER Page 2
IN THIS ISSUE
Letter From Death Rov-.---...- 1
Jones Urges Grenadians
To Vote..---..-.... .------------.. 2
Gairy Warns The Governor
a Bishop Murder Trial
Continues..--.....--..---.. .----- 4
Gairy Fights To Regain
News Shorts..-....-- .------... 12
am I .
Page 2 Saturday 3rd February 1990 1 The Grenada Newsletter
RIMlE- MINISTR BEN JONES,
Sin his weekly TV broadcast, said,
on January 26th, his Government PRnIE MWIrTER
has taken steps to officially recog- BE OES
nise the Endara Government in Panama. _
"We support -the Erndara Government" he
said, and call for regional and inter-
national co-operation to assist Panama in the
development of democracy and the naticinal
LETTER FPam Page 1
brutality he used to keep himself in pover
and so frustrate th' people's legitimate
desire for change.: :: -.
Layne refers to The National Party (TNP),
launched by the la f Prime Minister Herbert
Blaize shortly before he died, as-"incomp-
etent" and. "discredited"'. TNP is a "sick
and feeble group", he says and ": noone in
their right mind would put a cent on the so-
called TNP winning even one seat".
The main parties in Grenada, he ..says,
(TNPI GULP, New National Party (NNP),
and National Democratic Congress (NDC))
are all for maintaining Grenada's status as
"a neo-colony of the United States", but
there are important differences between
Gairy's vay and what the anti-Gairy parties
Over the past five years, Layne says, the
NNP/TNP Government has drawn upa along
list of people to be arrested in a time of
crisis. Hundreds of people have been kept
under surveillance, he continues, hundreds
more have experienced job victimisation,
books have been bannedndand others arbit-
"And by the behest of the United States,"
Layne -says, "a kangaroo Court has been
maintained all these years to 'try' those of
us behind bars with a view to committing
judicial murder, this at the scandalous cost
of approximately $20 million thus far."
The Prime Minister, however, was critical
of developments in Haiti. Re-enactment of
rules which erode the people's freedom are
signs of an attempt to frustrate the process
of establishing democracy, he said, and this
is also a signal of the return to dictatorship.
Mr Jones said that, in Grenada, over-the
past five years; the "turbulent era tarnished
-by dictatorship of both the right and left"
had been closed" Grenadians, he said, have
reached an important point in their history
and are now working to a bright era of
Please See JONES Page 4
SGairy would have done. all this anymore, he
said. In addition there would have been
beatings and killings and the personal safety
of all: who opposed Giry would have been
under daily threat.
Layne says tiat for all those whose dream is
"o see the restoration of Grenada's inde-
pendence and soveignity", conditions for
peaceful life and struggle is far prefer-able
to conditions of repression.- :Such con-
ditions. he says, are the best guarantee
against a "replay of the past".
People who are committed to the restor-
ation of Grenada's independence as well as
her development should commit themselves
cto working for peaceful change within the
framework of the Constitution, he says, and
should not depart from this strategy except
under the most extreme circumstances, such,
as when those in power themselves abandon
the Constitution and rule by naked power.
Layne's letter does not reveal howvhe was
able to breach prison security and have his
t. tter cyclostyled and circulated.
rrc?,a=w=~Jal~,- ---==-mir 2, 'y-w-Y~ nrm n -m
The Grenada Newsletter Saturday 3rd February 1990 Page 3
GAIRY WARNS THE
IULP wift not endorse or otherwise
give effect to any decision or advice taken
or qiven by the present Cabinet
BY LETTER DATED JANUARY
23rd, Sir Eric Gairy, Political
Leader of the Grenada United
Labour Party (GULP), advised
Governor General Sir Paul Scoon that e -
ecutive decisions and actions taken
by Prime Minister Ben Jones and
his Cabinet are viewed with con-
cern by his party.
"The GULP, on its return to
office," Sir Eric said, "will not
endorse or otherwise give effect to any
decision or advice taken or given by the
present Cabinet other than decisions reason-
ably required for the due and constit-
utionally proper operation of Government
during this caretaker period." (I
Sir Paul appointed Mr Jones Prime Minister
on 19th December last on the death of
Prime Minister Herbert Blaize, and the con-
stitutional five year life of the Government,
and therefore, Parliament, came to an end
on December 2 8th last.
Sir Eric's letter points out that Cabinet is
responsible to Parliament for all it does, and
expresses the view that Prime Minster Jones
and his Cabinet are "no more than a care-
taker administration whose main duty is to
fix a date for fair elections."
"Yet it appears that the Cabinet has been tak-
ing decisions with respect to the sale of Gre-
nada's assets," the letter says, "fully knov-
ing that Parliament has been dissolved."
In a telephone interview on January 23rd,
Sir Eric told NEWSLETTER it is his
understanding that Cabinet in now nego-
tiating a "deal"vith an Italian roup relative
to the Yacht Services marina and the burnt
out Islander" Hotel, both of which stand on
Government larns. It is this id.erst ijdig,
he said, that this project involves a 300
room hotel and a casino.
GULP is absolutely opposed to establish-
ent of a casino in Grenada, Sir Eric said,
and will not subscribe, in any way, to
what is a total abuse of Cabinet's
SIn another letter to the Governor
General, also sent on January 23rd,
Sir Eric says GULP is concerned
over the "complete indifference" of
the Supervisor of Elections vith
regard to preparation of the Register
of Voters to be used at the next General
"The attention of the Supervisor and of
your Excellency was dravn to the several
irregularities in the preparation of the
Register of Voters for the 1984 General
Election," he said, "and the annual register
Please See GAIRY Page 4
Founded 17th August 1973
MARIA MOORS CABOT AVARD 1984
Payable In Advance
Postage Paid By Second Class Air Mail
(Inland Post In Grenada)
10 Issues $115.00 $43.00
20 Issues $207.00 $ 77.00
40 Issues $390.00 $146.00
About 20 Issues Published Annually
Page 4 Saturday 3rd Februaty 1990 The Grenada Newsletter
"At tiis rate, we wif be here until the r.m of
the decuadle,w ha e been very patiset but wiW
have to be much firmer now" : Sir fruterick
HEN THE COURT OF Bishop Murder'Appeal, argued that Prime
Appeal resumed on January Minister Maurice Bishop had been a traitor
22nd, after having gone in- and guilty of treason against the State.
to recess on December 14th, Mr Clarence .
Hughes, Defence Counsel in the Maurice "When Bishop gave orders for disarming
soldiers and arming civilians"', he said, "he
JOES mw Page 2 as not acting on behalf of the Government.
JONES Fom Pdage 2 He vas acting in furtherance of his own self
genuine democracy. interests.
"It is disturbing to be told", the Prime Disarmg he army and arming civilians,
Minister said, "that many Grenadians Mr' Hughes said, was an act of treason
are expressing doubt of exercising their hich, i la, any person may prevent by
democratic, consutional and God-
given craic on estional a d the use of "any necessary force or harm
given right on election dayextending, in a case of extreme necessity,
even to killing".
Referring to the regime of the Peoples even to killing
Revolutionary Government, he said that, Please See APPEAL Page 5
ten years ago, there had been an absolute
curtailment of the freedoms enjoyed F- P-
today, and Grenadians were not free to GAIRY From Page 3
criticize the Government, far less to be based thereon".
able to choose their government.
If Grenadians are to exercise their right
At that time, Mr Jones said, Grenadians to vote, Sir Eric said, the registration
lived in fear of being shot for simply process must manifestly be fair and -easy
expressing disagreement with Govern- of understanding to the average person.
ment's policies and, even to be seen in This has not been the case, he continued,
Church worshipping God was evidence and "tie whole exercise of preparing the
of being anti-government. Register of Voters is. calculated to en-
courage electoral fraud."
Lest it be forgotten, the Prime Minister
said, those were hard times. In eastern With reference to this complaint, Sir Eric
Europe today, he continued, people are said in the interview ith NEWS-
giving their lives for the right to exer- LETTER that the names of many persons
cise freedom to choose their leaders, and. which appeared on the preliminary list
it would be strange if those vho nov are not now on the final list of electors.
enjoy that freedom, fail to exercise it.
"Also", he said, "many people vho, at the
"The right to vote is an important one," end of last year became eligible to vote
he said, "and I urge all eligible voters to have been told that they cannot get on the
,exercise that right during the forth- list, but exceptions to this have been made
coming elections." in the case of some people".