COMMENTARY

Law and Politics: Confusion and disturbance everywhere

by Lloyd Noel

Wednesday, June 23, 2004

It seems that as the topic of that visit by our Prime Minister, to the private home of fraudster, Eric Resteiner, escalates and assumes international proportions, the local scenario is becoming rather confusing and very disturbing.

When I was approached twenty-three years ago, to become involved in the formation of a Company to publish a Newspaper – “The Grenadian Voice” as we called it way back then – I was well aware that freedom of speech, among many other freedoms, was non-existent, and the personal risks in joining the team of prospective shareholders in the Company, and more especially those who were going to write articles in the paper, were enormous.

But the guiding principle, and indisputable truism, that “the right alone is right – the wrong is always wrong,” left me no alternative but to take the risks.

I took them, we published, three of us faced the consequences and we paid the price with our personal freedom; the rest is history.

Last week Tuesday The Editor wrote me an email to say, “Sorry Lloyd, I was very uncomfortable with this article and sought legal advice on the basic of which I am unable to carry the article.”

And so ends my association with The Grenadian Voice, but I wish the Editor and the paper all the best.

To those who looked forward to my article and read it every week, am sorry you shall not see it on the Voice again – but as long as Grenada Today is prepared to carry it I will write; you will also be able to access it via the Internet on “Caribupdate.com.”

But to the more immediate and urgent dilemma facing our people, and our Nation’s reputation and image, all stemming from that topic involving our Prime Minister, and his association with that shady character Resteiner, who is now safely in the grip of the U.S.A. security authorities for widespread fraudulent activities.

The opposition in Parliament quite correctly brought the available documentation on the topic to the Commissioner of Police, and made a report to the effect that they were requesting the Commissioner of Police to carry out investigations into the allegations coming from the security officer of Resteiner – pertaining to the amount of money paid to the Prime Minister, the purpose for the payment, and whether or not the said sum was paid into The Treasury in the appropriate Government Account.

Quite naturally and too obvious for further words, the documents provided by the opposition members could only have been obtained from sources other than themselves – because none of them were with the Prime Minister on that fateful trip to St. Moritz.

And the Prime Minister himself admitted he went to that fraudster’s home; that he received $12,000.00 to $15,000.00 (U.S.); that the sum was for legitimate expenses incurred by the delegation he headed, and the Cabinet of Grenada had approved the trip.

The issues for investigation by the Police were – how much was in fact given to the Prime Minister; what was that sum given for; and whether the sum given was properly accounted for.

Section 406 of the Criminal Code of Grenada lays down …. “Any person who bribes a Minister, or being a Minister, accepts a bribe, where the object of the bribe is to induce such Minister to do or omit to do, any act contrary to his official duty, or to show favour or partiality in the discharge of his duty, shall be liable to imprisonment for a term not exceeding seven years or to a fine not exceeding three thousand dollars, or both.”

And all Grenadians who want to know, now know, that members of the Police force went all over the U.S.A. to interview witnesses in order to charge and arrest Michael Baptiste.

Wakasa in the Baptiste case was in Texas; Bass in the Resteiner/Prime Minister case is in Chicago.

So what is all this nonsense the so-called Special Prosecutor is mouthing about hearsay, and rumours, and Criminal Libel against Tillman Thomas – the opposition Leader?

No one has ever said or written that they believe Timothy Bass and disbelieve the Prime Minister. All everyone seems to be asking is for an investigation into the conflicting accounts from both sides.

So Mr Special Prosecutor, Director of the (FIU) Financial Intelligence Unit, chief Investigator, Controller of the division of who gets charged and for what – among other portfolios – how else do you expect to obtain the information (evidence) to exonerate the Prime Minister (or anyone else) than from investigation by Police Officers of the (CID) Criminal Investigation Department?

And as if that topsy-turvy state of affairs in our law enforcement agency – is not bad enough, we also have the President of the Senate exercising her discretion, to keep a genuine and quite valid Motion from the Order Paper, when the Upper House met last week.

In short, in the very citadel of our Parliamentary Democracy – the Parliament Chamber itself – the members of the Senate, or Upper House, were debarred from debating the most relevant, material, and fundamental topic, pertaining to Section 75 of the very Constitution that gives life and substance to the said Parliament.

If that ruling by the President is correct, it must mean that any Minister, against whom any allegation of misconduct is made, only has to file a libel suit against anyone he considers to have defamed his character – and that will automatically debar Parliament from debating, or questioning his actions. What a farce.

The Standing Order being used by the President to keep the Motion out of Parliament, does not say that any matter which is subjudice cannot be debated in Parliament. It very simply and straight-forwardly, in my view, lays down that …. “Reference shall not be made to any matter which is subjudice, in such a way as might, in the opinion of the Chair (President), prejudice the interests of the parties thereto (the case).”

The discretionary role of the President is to ensure that prejudicial reference is not made, during the debate, against the interests of the parties in the case. Her ruling can only come into play, during the debate - if and when prejudicial reference, in her opinion, is then made by any one against the interests of the litigants in the case.

The President has no authority, in my humble opinion, to debar a legitimate Motion from a member of the Upper House from being included on the Order paper for debate.

That ruling is setting a dangerous precedent – which could have serious repercussions in the troubling times ahead.

Whatever the pleadings by the Prime Minister in his libel suits against all and sundry, it cannot include a plea that he paid any sum into any Government Account in the Treasury – because in his national address he said no such thing. Therefore, to ask for a Senate joint Committee – to enquire into that omission under the Constitution – cannot be prejudicial to the Prime Minister or anyone else.

So what game is being played by the President of the Upper House? Worth re-thinking about “ziggy.”

According to reports coming out of the U.S.A., the international fraudster, Eric Resteiner, has been extradited to the U.S. to stand trial, for the many fraud cases brought against him while he lived and operated in that Country.

So far, all the statements published about this meeting with our Prime Minister have come from his ex-security Chief – and responses by the Prime Minister himself. But nothing has ever come from Resteiner personally on the matter.

It is very likely that he would have used his diplomatic status as one of Grenada’s Trade Consul, or whatever other position he held between 1999 and 2001, before his appointment was revoked, to peddle his fraudulent gains or engage in those crooked deals.

And because of the reputation of the Offshore Alert publication, and the high esteem of Mr. David Marchant as an investigative journalist in those financial scam cases – questions about his (Resteiner’s) dealings with Foreign Governments may very well play a big part in the interrogation that will certainly be carried out by the FBI and others.

And since those three former diplomats, of scandals plagued Grenada, Viktor Kozeny, Van Brink and Eric Resteiner, are all now Indicted in the U.S.A. – on charges of defrauding U.S. citizens of hundred of Millions of dollars – then quite naturally poor little Grenada will be the centerpiece of the questions and answers sessions.

That would be the worst kind of publicity we in these Isles could ever get, and because of the transparency of the U.S. System of people – oriented democracy, everything revealed in those sessions will one way or another find space in worldwide publications.

So all those who believe they are saving face by resisting legitimate enquiries to set the record straight, they may very well be doing more harm than good to the very ones they believe they are protecting.

I wish to again sound a warning to that very friendly Government from the East, which was identified as funding the remuneration of the so-called “Special Prosecutor” – as grant-in-aid to Grenada.

Grenadians are getting a dis-service from that individual, and your continued support could cause you embarrassment down the road.

When you did not know the purpose of your aide was one thing – now you cannot claim ignorance.

Your record in Grenada has been very good thus far – do not continue to spoil it with that disturbing involvement.

Re-consider your options and react accordingly Mr. Ambassador.

Lloyd Noel is a former Attorney General of Grenada, prominent attorney at law and political commentator.

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