Page 4 Saturday 7th April 1990 The Grenada Newsletter
APPOINTED : DEFENCE
R CLARENCE HUGHES, 1983 as a sequel to apover struggle within
SSeior Council, arguing'for: Bishop's revolutionary, New Jevel Move-
the Defence in the Maurice ment. Among those 'i "death rov" are
Bishop Murder Appeal, told Bernard Coard, Deputy'Prime Minister in
h Court on March 27th tat the Trial the Peoples Revolutionary Government, his
.pdge, Mr Dennis Byron, had not been Jamaican vife Phyllis, Hudson Austin,
properly appointed and had had no General of The Peoples Revolutionary
jurisdiction to preside over the murder Army and. several of his officers and foot
Please See APPEAL Page 5
Judge Byron was seconded from the .
Supreme Court of the Organisation of East BRIZAN From Page 3
Caribbean States (OECS) to conduct the
up the challenge of assisting in this con-
trial of eighteen persons charged with the nectihona
murder of Prime Minister Maurice Bishop
and ten others.
d ten others. Government will approach a
consortium of commercial banks
The murders took place on 19th October consortium csf omlerciar banLs
to set up a soft vindowv for high
risk projects, he said, and that
CR" REN vindov' will not be competitive
CORRECT I ONS vith but supplementary to the
We apologise for two errors
which crept into our issue for The Entrepreneurship Development
24th March 1990. Programme was sponsored by the
United Nations Development Pro-
On the front page, the number of graamme (UNDP) and the International
the issue is recorded incorrectly Labour Organisation (ILO). It was
as being Number 4. It should ornised by GDB, the Industrial Devel-
have been given as Number 5. opmen Crporition and the National
Lc, inm-iercial Bank.
Then, on page 16, in the context
of events in 1876, paragraph 3 of Thirty-to persons (many of whom are
the story End Of An Era ? already in business) were selected from
reads, In an address to Queen forty-tvo applicants and there was just
Elizabeth ..---- one "drop-out" resulting from the fact
that leave could not be obtained to attend
Queen Elizabeth II did not come the Programme.
to the throne until 1952 and
SGood Queen Bess', Queen Areas of interest covered a vide field
Elizabeth I, ruled in the 16th and included catering straw products
Century- manufacturing, garment manufact-
uring; hair dressing, publication of a
Our correct reference should children's magazine, meat distribution,
have been, of course, Queen soap manufacturing, agriculture, pig
Victoria. farming, carpentry and candy manufact-
gSorry l during.
Sorry I _=
The Grenada Newsletter Saturday 7th April 1990 Page 5
APPEAL Frm Page 4
Appeals against these sentences are being
heard together with appeals of three persons
condemned to long prison sentences for
manslaughter arising from the same.
Matters Came To A Head
Evidence was presented that opposing
factions in the struggle were led by Bishop
arnd the Deputy Prime Minister Bernard
Coard, and that matters came to a head
when Coard, with the backing of the
Peoples Revolutionary Army (PRA) placed
Bishop under house arrest.
ever, was 10
freed by a /.
crowd of some 15,000 Gre- '
nadians who accompanied <
the Prime Minister to Fort
Rupert, PRA headquarters, "t'
where Bishop took charge.
From Fort Frederick, another
PRA position about two miles <
away where Coard was stationed,
three Armoured Personnel Carriers
(APC) were then sent to recapture Fort
Opening fire on the crowd, the APC
were responsible for the deaths of a still
unknown number of citizens, estimated to
be over 100. Bishop, members of his
Cabinet and some supporters were then
lined up against a vall and machine-gunned.
Had Been Installed
This incident sparked the military
intervention by United States and Caribbean
forces six days later, and, after an Interim
Government had been installed by
Governor General Sir Paul Scoon, the Pre-
liminary Inquiry (Pi) into the killings began
in June 1984.
Initially, 20 persons were charged vith the
murders but one was freed when the PI was
completed in August i984, and, after
several Defence Motions had been heard
and disposed of, Judge Byron w-as appointed
in January 1986. The Trial began in March
That Trial, marked by severe disruption of
proceedings by the stamping, clapping and
chanting of the accused, who had dismissed
their Legal Counsel, was completed on
December 4th 1986. Of the 19 persons
charged, one was given a pardon when he
gave evidence for the Prosecution, one was
found, not guilty, three were found guilty of
manslaughter and verdicts of guilty of mur-
der were returned against fourteen.
Is Presided Over
The hearing of appeals against these
verdicts began on 30th May 1988. The
Court is presided over by Justice Sir
Frederick Smith with Justices Rex McKay
and Time Kendall and Tuesday March 27th
v was the 94th day
/ on which the
Court sat to
S Almost the whole day
... (27th) was taken up vith Mr
/ $ment that Judge
Byron had not
S been properly
appointed and had had no jurisdiction to
preside over the Trial.
Before the revolution of 1979, Mr Hughes
said, Judges were appointed, according to
the Constitution, by the Judicial & Legal
Services Commission (JLSC) of the OECS
Supreme Court to which Grenada belonged.
After the revolution, when the Constitution
vas suspended, according to PRG law,
Judges were appointed by the Governor
General acting on the advice of the Prime
Minister after the Prime Minister had
consulted with the Public Service Com-
Was Then Operating
Still later, after the military intervention,
the Governor General restored the
Constitution by proclamation. However,
because Grenada vas then operating (and
still operates) the unconstitutional but legal-
by- necessity" Grenada Supreme Court set
up by the PRG, the section of the
Constitution dealing with judicial matters,
the Courts Order, was not restored.
Please See APPEAL Page 6
Page 6 Saturday 7th April 1990 The Cruna.E-Nctwtr
APPEAL From Page 5
Mr Hughes argued that, in effect, the
Governor General had suspended this
section of the Constitution, an action, which
Mr Hughes said, the Governor General had
Sno power to do.
The Defence Counsel said also that, the
Governor General's proclamation
commands that, in the Constitution,
wherever the name "Judicial & Legal
Services Commission" appears, the name
"Public Service Commission" (PSC) should
According to Mr
Hughes, this gives
the PSC the power
and authority to
appoint Judges and
that body should
Judge Byron, not
the Governor Gen-
eral acting on the
advice of the
Prime Minister, as
IWhen the Court
resumed on Wed-
March, Mrs Jacque-
Brown argued that
the jury in Trial
had been illegally
selected and sum-
moned byan "unindifferent" (partial) Regis-
trar of the Supreme Court. -
Declared Null And Void
The result was, in effect, she said, that there
was no Jury and the entire Trial should be
declared null and void.
Mrs. Samuels-Brown reminded the Judges
that barrister Miss Denise Campbell,
originally a member of the Prosecuting
Team, had been made Registrar when Mr.
Christian St. Louis had been removed from
It had been found that Mr. St. Louis had not
selected and summoned the Jury as laid
dgwn by law, and Mrs Samuels-Brown said,
just one day after having been on the
Prosecuting Team, Miss Campbell was
engaged in the "sensitive" operation of
selecting and summoning a new array of
persons from which the Jury was drawn.
"By allowing a jury to be empaneled from
an array selected by an unindifferent
Registrar," Mrs Sarnuels-Brown said, "the
Jud ge violated a fundamental law of justice
whereby the accused were deprived of a fair
Errors Made Also
Mrs. Samuels-Brown said also that the
errors Mr. St. Louis had made in selecting
the persons from
which the jury was
to be drawn are
errors made also
by Miss Campbell.
The Defence Coun-
sel went into some
detail on this and
said that, on this
gr und also,
jury which return-
ed verdicts in the
Trial was not quali-
fied to do so and.
the Trial is null and
iAlso addressing the
Court on that day
Counsel, sad that,
according to Grenadian law, the jury in a
murder trial must' be selected and
summoned bTefre the start of the Court's
Selection And Summoning Illegal
When it had been found that Mr St Louis'
selection was illegal, he said, the Court had.
already begun its sitting. As a result, the
selection made by the new Registrar, Miss
Campbell, and the summoning of the new
array of persons frormi wh;ch the jury was I
chosen, was made and done .eiter the Court's
sitting began which made ti- selection and
Mr Ian Ransay, Defence C unsel, told the
Court on Thursday 29th March that the
Trial Judge had committee. an error which
Please Se'a APPEAL Page 7
! t oI ,
The Grenada Newsletter Saturday 7th April 1990 Page 7
APPEAL From Page 6
made the trial null and void-
Mr Ramsay leads a Team of 12 barristers
defending the 14 persons in ":death row"
and the three persons convicted of
Mr Ramsay quoted to the Court a section of
the Grenada Constitution which says that,
unless he consents otherwise, a person
charged vith a criminal offense has a right
to be present at his trial.
Subject Of Much Argument
The Defence Counsel referred to a proviso
in the Constitution which has been the
subject of much argument in this case.
A criminal trial can proceed in the absence
of the accused person, the proviso says, if he
so conducts himself as to render the
continuance of the proceedings in his
presence impracticable "and the Court has
ordered him to be removed and the trial
proceed in his absence".
The accused in this case severely disrupted
the proceedings of the Trial by clapping,
stamping and chanting. The Trial Judge,
Mr Dennis Byron, cited and. cc evicted them
for Contempt of Court and had them
removed from the Courtroom so the Trial
Mr Ramsay argued that Mr Byron was
vrong. The Judge had had the accused
removed from the courtroom, he said, not
because the Court had "ordered them to be
removed and the trial proceed in their
absence", but because the had been
convicted of Contempt of Court.
This resulted in a mis-trial, Mr Ramsay
said. The constitutional right of the
accused to be present at their ovn trial was
violated, he said, and the trial became a
Will Not Be Able
Sir Frederick announced, on Friday March
30th, that he vill not be able to preside over
the Maurice Bishop Murder Appeal until
the end of May, and he adjourned the
hearing of the Appeal to the next sitting to
commence on Monday May 28th.
"I leave for
the Turks & Caicos Islands
preside as Chief Justice over
the Assizes," he said, "after vhich I attend
the Commonwealth Lav Conference in
Australia before paying an official visit to
the Peoples Republic of China (mainland)
on the invitation of the Chinese
Rounded Off Arguments
In Court on this day (30th), Defence
Council rounded off arguments which
appear to be their final contributions since
their presentations began nearly tvo years
ago on 30th May 1988.
When the Court sits again on 28th May it
vill be to hear arguments on a Defence
Motion which claims, among other matters,
that trial of the accused in the Grenada
Supreme Court deprived the accused of a
trial "by an independent and impartial
Court established by law under the
Constitution of Grenada".
Following the revolution of 1979, the
Peoples Revolutionary Government sus-
pended the Constitution and established the
Grenada Supreme Court to take the place of
the Supreme Court of the Organisation of
East Caribbean States (OECS), the Court to
which Grenada belongs according to the
When the Constitution was restored,
following the military intervention of
October 1983, the section relative to the
Judiciary vas left in abeyance pending
acceptance of Grenada's application to re-
join the OECS Court.
Will Not Be Considered
The Grenada Government has been told that
that application vill not be considered until
a final decision has been made in the
Maurice Bishop Murder Case.
In the meantime, the High Court has ruled
that the Grenada Supreme Court, though
unconstitutional, is legal and effective under
the Doctrine of State Necessity, and the
Appeal Court will hear arguments against
this ruling when it sits again on May 28th.
That sitting will run until June 8th and, on
June 19th, the Prosecution is expected to
present its reply to the Defence.
amssnsmemoe nd sim mm mmn
Page 8 Saturday 7th April 1990 The Grenada Nevsletter
UGS Presents Microfilm
A complete microfilm of the official
records of vills, indentures and slaves of
Grenada, for the period 1764 to 1930, has
been presented to the Government of Gre-
nada by the Utah Genealogical Society
(UGS) of the United States of America.
The microfilm, which has been handed over
to the Registrar of the Supreme Court,
covers some 200,000 pages of the official
records and was done on a voluntary basis
by UGS over the past five months.
Cocoa "Bonus" Paid.
Chairman of the Grenada Cocoa Board, Mr.
Raymond Rush, announced on March 21st
that the cocoa "bonus", based on trading
results of the last financial year, was ready
for payment to Cocoa Farmers.
Mr Rush said the Cocoa Association sold
3,143,23 pounds of cocoa during the year
at an average price of EC$2.19 per pound.
This is EC$0.33 lover than the average
price received in the previous year, he said,
but the "bonus" vill be the same as the last
year, EC$0.42 per pound.
Considering the difficult financial situation
of Cocoa Farmers, the Chairman said, the
Board had decided to maintain the level at
which the "bonus" had been paid in the
previous year, and, in order to do this, had
transferred EC$55,500 from the Associ-
Under the sponsorship of the Grenada
Heart Foundation, two more Grenadian
children were flown out by BWIA on
March 20th for treatment in the United
States of America at the Deborah Heart &
Lung Centre, Brown Mills, New Jersey.
According to a release from GHF the Deb-
orah Hospital offers cardiac (medical &
surgical) services to GHF free of cost. The
hospital also offers room and board for the
nurse accompanying the children.
BWIA, along with Innovating Worthy Pro-
jects (a non-proifit United States organ-
isation) and GHF assist with transportation
expenses including that of the children's
To date, GHF has sponsored 49 patients
abroad for treatment.
Canada "lorgives" Debt
Minister of Legal Affairs and Local Govern-
ment, Dr. Francis Alexis, told the Govern-
ment Information Service (GIS) on March
22nd that Canada has released Grenada
from the debt of EC$774,000 owed to that
Dr Alexis led the Grenada delegation to the
recent meeting in Barbados of Common-
wealth Caribbean Heads of Government
vith Canadian Prime Minister Brian
7th Apil 1990
Printed & Published By The Proprietor
Alister Haghes, Journalist
Of Scott Street, St George's,Grenada, Westiaies
(P.O.Box 65: Phone (8091 440 2538: Cables HUhON, GOanla)
OHF Helps Two More
Volume 18 Saturday 7th April 1990 Number 6
SIR PAUL READS
Ntc coNfruls NO ERoitsoNA 'L 4cont TAX
HE NATIONAL DEMOCRATIC CONGRESS (NDC) GOVERNMENT OF
Prime Minister Nicholas Brath waite has reaffirmed its pledge not to reintro-
duce Personal Income Tax abolished four years ago by the New National Party
Government of the late Prime Minister Herbert Blaize.
NI I I I| I I= .
The pledge is in the Throne Speech" setting
out the policies of the new Government
Which, in keeping with tradition, was read.
on April 6th by Governor General Sir Paul
Scoon to a joint sitting of the House of
Representatives and the Senate.
Government will pursue a fiscal
policy which is "fair, equitable,
adequate and elastic to growth",
the Speech says, and the existing
fiscal regime vill be conmpre-
bensively examined by a team. I:
representing commerce, indu- *
try, labour and other ..
Government Will Ask -
"My Government dishes -W
to emphasis that such review SIR PAU
will not provide for re- e-""--
introduction of Personal Income Tax, the
Speech says, "However, rmy G.overmnent
will ask the Reviev Team to assess the
merits of a modern and acceptable system of
taxation on the profits of Corporations .....
The Speech covered policy in a vide range
of areas including Education, Public
Utilities, Health, Agriculture and Tourism.
It covered Culture also arid said Govern-
rrent will insist there be more "Grenadian
programmes" on the Stats-owned television
Also in connection with State-owned. media,
the Speech pledged that, within the next six
months, management of Radio Grenada vill
be put in the hands of an independent Board.
The Speech referred to Grenada's Judicial
System which, since the New Jevel
S Movement revolution of 1979,
has operated outside the require-
ments of the Grenada Consti-
Set Up Their Own
That Constitution stipulates that
the island's Supreme Court is the
S Supreme Court of the Organisation
Sof East Caribbean States
OECS), but the revo-
!t scoon lutionaries abolished operation
"o- f the OECS Court in Grenada
and set up their own Grenada Supreme
After the 1983 military intervention,
Grenada applied to rejoin the OECS
Please See SPEECH Page 2
IN THIS ISSUE
Sir Paul Reads Throne Speech--. 1
Training Entrepreneurs..--...-..- 3
Byron Was Not Properly
Appointed: Defence.----...... 4
SNews Shorts..--.........--.......... -
Page 2 .Saturday 7th April 1990 The Grenada Newsletter
SPEECH From Page 1
Judicial system but vas told that that appli-
cation will not be considered until there is a
final conclusion to the Maurice Bishop
The Speech says the new Government will
"speed. up as muchas possible" preparations
for Grenada to return to the OECS Legal
Play Its Full Role
With reference to the deepening and
strengthening of the Regional Integration
Movement, the Speech pledges Government
to play its full role in the Caribbean Com-
munity generally and the OECS particular-
"The road of Caribbean regionalism
is absolutely essential to the well-
being of individual member Carib-
bean States," the Speech says. "This
has become a matter of urgency when
viewed against the background of a
formation of economic groupings
within Western Europe and North
At the April 6th joint sitting of the Senate
and House, Mr Marcel Peters, 59, was elect-
ed. Speaker of the House of Represent-
atives. In the 1984 General Elections, Mr
Peters was elected to the House under the
banner of Sir Eric Gairy's United Labour
He defected from GULP, however, when
Sir Eric, charging election fraud, instructed
him not to take his seat in the House. Mr
Peters did take his seat, formed his oyn
Party arnd., subsequently, joined NDC in
October 1987- Under the NDC banner, he
was an unsuccessful candidate in the 1990
Successful GULP Candidate
Elected to the position of Deputy Speaker
vas Mr Winston Frederick, successful
GULP candidate for the Constituency of St.
Mrs. Margaret Neckles was elected Presi-
dent of the Senate. Mrs. Neckles, a
broadcaster and former Civil Servant, w'as
nominated to the Senate by Prime Minister
Nicholas Brathwaite. Mrs. Neckles is the
first woman to hold the post of President in
the Grenada Senate.
Elected to be her Deputy was Mr. Joseph
McGuire, nominated to the Senate by Mrs.
Winifred Strachan, Leader of the Oppos-
ition. Mrs Strachen created another "first"
as the first woman to be Leader of the
Opposition in the House.
Four regional Speakers attended the
ceremony as guests of Parliament.
They are Mr_ Keith Flax, Speaker of
the British Virgin Islands Legisla-
ture, Mr. Ivan Buchanan, Speaker of
the St. Kitts/Nevis National Assem-
bly, Mr Nizam Mohammed, Speaker
of the Trinidad & Tobago House of
Representatives and Mr. Lawson A.
Weeks, Speaker of the Barbados
House of Assembly.
Also attending as a guest of Parliament was
Mr. Edlev Deans, Clerk of the Jamaica
House of Assembly.
Debate on the Throne Speech has been
deferred to a date to be fixed.
Christopher Columbus was driven by the
conviction that the world was round and
that, by sailing westwards from Europe, he
would find a nev route to China.
Fev people shared that conviction, but there
was evidence that there were inhabited lands
somewhere out there in the Atlantic.
From time to time, the people of the Azores
would find, in their waters and on their
beaches, the branches of strange trees.
They would find also carved sticks and the
bodies of men with Mongolian features.
But Columbus was mistaken on one im-
portant point. He underestimated the
circumferance of the world. He thought it
would be a comparatively short voyage
from the western shores of Europe to the
eastern shores of China.
Instead, it took him 71 suspense-filled days
to get to tthe V/est Indies. Days during
which he deceived his crews as to the dis-
tance they had travelled while they dreaded
the awful moment vhen they expected to
fall off the edge of the world.
The Grenada Newsletter Saturday 7th April 1990 Page 3
Uoverwnment wilt approach coFu sortiunM of
conmmerciaC banks to set yp a "soft winCo. ,
JorT ki risk projects : SBIZAN
R GEORGE BRIZAN,
Minister of Firnace, Trade &
Industry, said on April 6th
that one malaise of the Carib-
bean is development of the begging
.'"j J '.., .. = 7N
MR GEORGE BRIZA-H
"It exists on the individual level, he
said, "and also on the governmental
The Minister's comments came as he deliver-
ed the feature address at the closing cere-
mony of the three-week Entrepreneurship
Development Programme of the Small
Enterprise Unit of the Grenada Develop-
ment Bank (GDB).
Find It Difficult
Caribbean people continue to find. it difficult
to rid themselves of this mentality, he said.
Text books of the 18th, 19th and 20th cen-
turies label the Caribbean as a "dependent
territory" of the world., he continued., and lie
expressed the view that this label vill apply
also in the 21st century.
This is a sign of the "begging mentality" of
the region, Mr Brizansaid, but the world is
changing and Caribbean people have to
move out of that syndrome and learn to
"stand on our ovn two feet".
The policy of the newly elected National
Democratic Congress Government, the
Minister said, is to give every assistance to
Grenadians to be increasingly self-reliant.
The individual and collective wisdom of the
nation must be used to face challenges and
fashion a place in the world, he continued.
Let Them Be
At the same time, he said, there must be a
strengthening of co-operation with "our
brothers and sisters in the Caribbean and let
them be the beneficiaries of our own
One of the difficulties facing the small scale
entrepreneur is unavaiabiliity of finance,
Mr. Brizan said, and- Government has taken
Please See BRIZAN Page 4
Fomuded 17th August 1973
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