COMMENTARY

Law and Politics: A whole new political ball game!

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

Tuesday,  November 29, 2005

It has been a well recognised and generally adopted principle that, in whatever circumstance where two sides are facing each other in negotiations, or in trading, or in giving account for work done or services rendered, it is always more prudent to put one’s cards on the table, or as we say in local parlance, "to come clean." 

And even in the uncertain and dog-eat-dog climate of Caribbean politics, a famous Caribbean Prime Minister once said ... "there is a responsibility on a Government to share with the people immediately a problem arises, the truth about that problem; so that the support of men of goodwill may be brought to bear through the simple process of understanding." 

Unfortunately, the wisdom of that Prime Minister above has not trickled down to a host of our other politicians in the region - and in Grenada in particular.

In fact, the opposite has been the usual behaviour of our politicians over the years; and whenever any issue hits the headlines, that appears to be questioning the actions and or omissions of those in authority - rather than come clean and explain or outline the true position to John Public, those "untouchable" public servants/politicians generally adopt the position that no one should question their actions or decisions, and bramble their way around the issues.

And needless to say, the end result nearly always bring about far more disparaging comments and responses, than if they had simply tell it as it is.

Against that history of brambling, and denials, and failing to offer transparency, the pronouncements by our Prime Minister, Dr. Keith Mitchell, on the housing fiasco during his Party’s Convention last Saturday, was like a barrage of bullets emanating from the unknown.

I am not pretending to understand what caused the unexpected about-turn -although it is very easy to speculate and come up with political pointers.

But the kinds of admissions made by the Prime Minister were so long overdue, that I am wondering whether it could, or would, have the desired effect and really and truly bring about the long-awaited turn around we so badly need.

The Prime Minister took Sections or Committees of the Housing Ministry to task, because many members thereof had failed to live up to the guidelines, or criteria laid down for helping those in desperate need of housing assistance, either for repairs, re-building, or new structures.

He said it has been discovered that his own party people had been discriminating against their own party members, as well as against those of the other parties. And because the little people had no contacts in high places, or others to pull strings for them they got very little and in most cases nothing at all.

I am sure a thousand voices could all shout out together, "so what else is new, that has not been the norm since Ivan." But when those in high positions allow themselves to be fed with only what they want to hear, then it is very easy for the smart ones below them to do just that and keep on reaping a harvest.

In addition thereto, the Prime Minister himself has to shoulder some of the blame, because he was instrumental in putting those square-pegs in round holes - hence the embarrassment.

He did not say so publicly, but my reliable information is that he is just as cut up about those highly paid "diplomats" in the ARD - so he had better strike the iron while it is now hot.

The scandal with the Agriculture Project, in the sum of $15 millions to assist farmers with the working and planting of their lands, was enough warning signals to wake up those in control that the system was riddled with corruption. But then again, some may say with a good measure of justification ... "if those bigger boys could do so and get away with it, why can’t the smaller ones?" So in addition to the Prime Minister’s "Touching Base" public relations exercise, he is taking over the Housing assistance programme - to help bring about more flexibility, and fairness, and transparency.

All very laudable and clearly not before time; but in all the prevailing conditions and circumstances, I am wondering whether or not the new political turn around has not been delayed for too long.

Those donors and aid-givers overseas, who had put up the $100 million U.S. the Finance Minister told us he had received since "Ivan," they had neglected to follow up with further assistance, partly, no doubt, because other more needy cases come up.

But it is also more than likely, that assistance dried up because of lack of transparency as to how, and to whom, those Millions were distributed back then.

However, better late than never in trying to made amends.

Yet while the Prime Minister is personally embarking on his new roles of P.R.O. and Housing Administrator, someone is again allowing the "Advisor to Cabinet" to continue to embarrass the Government and the people of Grenada and its dependencies.

I understand, from the political grapevine inside bulletins, that "A Financial Big Boy" was as mad as hell - when he heard about his latest attempt of targeting Peter David.

His reaction was that there are so many pressing needs for the scare dollars available, and they are about to waste some of it, on another wild goose chase behind the member for St. George’s Town.

That financial opinion is very sound, in my view, but what is more, although it was not uttered at the time, is that this recent futile attack could very well be the seal-breaker for the opening of a whole canister of reptiles.

Following the sensational news-breaking Constitutional nonsense, by the Attorney General and the Special Advisor (Nimrod and Wildman), the NDC’s response was partly that - those who live in glass houses should not be pelting stones, meaning that there are those on the other side who also have dual citizenship.

And perhaps to prove that the other side had been acting with premeditation - the Prime Minister, at his Party Convention on Saturday 19th November, told the delegates that all those in the NNP who had other citizenship in addition to their Grenadian Status had voluntarily abandoned, or had those citizenships revoked before the last General Election. He said nothing about previous Elections.

Of course, we do not know as yet how the persons involved had gone about the abandonment, or the revocation of their non-Grenadian citizenship.

But having opened the offending canister, by their attack on Peter David, it is instructive to alert our people what could be in waiting down the road.

If, of course, those NNP M.Ps or Senators are in fact Canadian or any other Commonwealth citizens - then they had no need to abandon or revoke the same.

But if they were citizens of any other foreign state or power, e.g. U.S. citizens, then they had to follow a procedure for revocation, and receive a certificate or declaration from the foreign state, that their citizenships were in fact and in law validly revoked or renounced.

In the case of Baldwin Spencer and Guy Yearwood, in Antigua and Barbuda in 2003, the point came up for a court ruling on the question of renunciation of citizenship of a foreign state or power, and how and when that renunciation takes effect.

In Antigua, as it is in Trinidad and Tobago, one must be a citizen of that country to be nominated as a candidate for elections, or to be appointed as a senator.

Mr. Yearwood was an Antiguan citizen, who had lived and worked in Canada in the 1980s and obtained his Canadian citizenship while living there. He later returned to Antigua to live, and in 1999 he was selected by the Labour Party of Lester Bird to contest a constituency in the General Elections. Incidentally that constituency was called "St. George" in Antigua.

His nomination was challenged, because of his dual citizenship, so he immediately filed in the High Court of Antigua an Affidavit of Renunciation of his Canadian citizenship, and applied to the Canadian High Commission in Barbados for the same to be revoked.

As a consequence of what he had done, the Petition in the Court was withdrawn and Mr. Yearwood went on to contest the seat, but he lost the election.

However, he was appointed as a Senator by the Prime Minister and was also made a Cabinet Minister - since Lester Bird’s party won the General Elections.

Then in 2003 the question again resurfaced as to whether or not Mr. Yearwood had effectively renounced his Canadian citizenship. He was then advised that he had not in fact completed the required procedure, and that he was still a Canadian citizen. And under the Antiguan Constitution, Canada is a foreign power or state.

He proceeded to comply with the procedure and eventually received the appropriate Certificate of Renunciation - but that came 20 days after the case was filed and 49 months after his appointment to the Senate.

The Court held that Mr. Yearwood’s earlier unilateral effort at renouncing Canadian citizenship was ineffective. His subsequent compliance with the proper procedure, and receipt of the appropriate certificate, could not save him because the relevant time was the date of his appointment as a Senator. He was therefore ordered to vacate his seat in the Senate.

In the new political ball game, and the opening of that canister of hidden secrets, could there be some precedents lingering here from that case?

But over and above, and quite apart from the legalities embedded in this propaganda exercise, people are generally asking some very pertinent questions about this concentrated attack against Peter David only.

Is it because he holds the prime seat of the capital of the state, where the National Stadium and the much talked about new port facilities are both located?

Is there some top secrets Peter is holding about individuals in the NNP - so they are trying to assassinate his image and status before he decides to spill the beans?

Or is it pure and simply drowning people grasping at straw?

Or even, as a means of off-loading the Special Advisor - they are deliberately setting him up as a sacrificial lamb as all part and parcel of the new political ball game, to save face and win some sympathy?

These are some of the issues on-lookers are raising with me, in discussions on this latest charade.

Whatever it is, or maybe, the raising of this "mybone nest" could very well get Grenadians to the polls a lot sooner than the law requires. Time and more breaking news will surely tell.

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