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Commentary: Law and Politics: When will we ever really learn?

Published on Tuesday, November 3, 2009Email To Friend    Print Version

By Lloyd Noel

Just as I was thinking about my first article in “The New Today”, I recalled a short piece I saw in a story that said “Don’t die until you are dead”.

And the part that stayed in my memory was, living out the ideals of our faith, will help us to make the right choices and asses the worth of our earthly pilgrimage. Because when we die we leave behind us all that we have and only take with us all that we are.

Lloyd Noel is a former
Attorney General of
Grenada, prominent
attorney at law and
political commentator
That short piece came back to mind as I was thinking about and reading some of the comments and frank opinions, that flowed from the High Court Order that The Grenada Today Ltd Company must be liquidated, that is to wind up the business affairs of the company, to settle a debt of nearly two hundred thousand dollars owed by the company to Dr Keith Mitchell, as compensation for having published a letter sent to the company’s newspaper, “Grenada Today” in 2001.

That letter was written by one Steve Fassissi to the Queen as Head of State of Grenada, and the contents thereof were felt by Dr Mitchell to have been libelous, or defamatory of his good name and his reputation as the Prime Minister of Grenada and the court awarded him the said compensation, because the company did not put in any defence to the claim brought by his lawyers in his behalf.

The company not having paid the compensation, and its offer to make a token payment to any charity named by Dr Mitchell – as settlement for the compensation, having been rejected by the goodly doctor – the court had no other choice but to make the order as requested.

The object or purpose of liquidation of a company, when monies due and owing have not been paid, is to sell off the company’s assets or properties to raise the sums owing. I doubt very much that The Grenada Today Ltd has any assets worth selling that will realise anything worthwhile and I am of the considered opinion that Dr Mitchell and his lawyers are also as aware as I am.

It therefore leaves any rationally thinking individual to conclude, that in the given circumstances of all that has taken place in this matter – and any other very relevant surrounding circumstances involving the parties over the years – that the only intention behind the liquidation application, was to close down the Grenada Today newspaper.

There are so many strange and equally revealing records and stories of incidence, and happenings, that have come to pass that are directly related to the whole question of truth and justification as we say and plead in matters of libel and slander, that they should leave us all to ponder very deeply, when we will ever really learn from our past.

But before I share my own views on the matter, I cannot help reflecting on the views expressed by Dr Francis Alexis QC on the closure of the newspaper and the writing of a story replete with tragedy in the annals of freedom of expression.

He pointed out that the failure of Dr Mitchell and “George Worme’s Grenada Today” to reach a compromise, is all the more remarkable because Worme and “Grenada Today” did all they could, and successfully too, to get Dr Mitchell elected as Prime Minister in 1995, in preference to George Brizan’s NDC. And it is that disappointing parting of the ways, between Mitchell and Worme that has now caused the closure of the newspaper, which is a sad chapter in the history of Grenada.

That statement could be applied to a whole lot of us lesser mortals who, over the years, have stuck our necks out in support of the likes of Dr Mitchell and others, to help get them where they have ascended; but no sooner we told them they were going the wrong way, or they may have lost their way, they scorned and sued the very human ladders by which they did ascend.

And that state of affairs which have unfolded over the years by admission or revelation over the passage of time remains valid and very common among our people, even in the context of the perceived behaviour and daily attitudes of some of those who have only last year ascended to the higher heights of public office.

The strangeness about the Mitchell and Worme libel saga that started just about the turn of the new century those many years ago is that not only have many of those criminal associates of the PM at the time, been arrested, charged and convicted for crimes connected with business operations in Grenada during the NNP very long stay in office, but the convictions and their terms of imprisonment actually took place while the same PM was still very much in the driving seat.

But ironically, the claimant in the law suit against George Worme’s Grenada Today newspaper, he very convincingly was thrown out of power over fifteen months ago, and is today getting his pound of flesh, as it were, from the lowly position of leader of the opposition with only three opponents at his side.

So that, in my humble opinion, the whole charade surrounding the rights and wrongs, and the entire legal procedures that are applicable to the ancient suit of libel and defamation of character and reputation, seem to be in urgent need of serious changes and amendments, to bring them into conformity with the very different standards and behaviour patterns of those persons who are always so keen and ready to utilize that ancient remedy to bridle the press and the media as a whole, while committing the most atrocious criminal activities against their fellow men and women and children, and doing so when they are occupying positions of trust and confidence that were entrusted to them by the very people who they are distressing.

The very fact that those types of leaders and modern-day politicians, befriend all Toms, Dicks, and Harrys, and welcome the support in whatever forms from whichever source, in their eagerness and lust for power and authority over their fellow men and women, but no sooner they succeed they do the opposite of all they promised, and when criticised by the people on whose backs they climbed to the top, that pattern of behaviour is more than enough evidence of the lack or absence of any character, or reputation, or good name that needs protection and preservation.

And serious criticism and condemnation are also very relevant and applicable where as in our current situation, the new controllers in authority seemed to have had all the evidence at their fingertips during the campaign that persuaded the people to vote for change, but now the change has taken place the evidence has disappeared, and we even heard from two lawyers of the pack on one occasion, that a grossly scandalous and crooked disposal of the people’s most valuable property at Grand Anse, “was a done deal” and to date it remains just that.

But having said all the foregoing, and read most of what others have said about the matter you, the reader, who look forward to getting news and views from a source that goes the extra mile to check and investigate before putting pen to paper, here you have a replacement that will continue to do just that, without fear or favour.

And for those who think of and strive towards amassing material gains, and even go to disgraceful ends to try and achieve their desires, and keep or subject others beneath their strangle-hold to display their power and authority, I wish to remind them, that when the Almighty Judge and Master hand down the order, that the time on earth has ended and regardless of who you are its down below we all are going at that time, you have to leave behind all that you have acquired by whatever means, and can only take with you, who you are.

Now that we have gone past another year, the twenty-sixth, since our rescue mission by the USA and Caribbean forces in October 1983, and the recognition of a National Day of Prayer for the occasion, I could not help noticing one or two strange and unmerited criticisms, by persons in positions that the ordinary men and women would listen to and take notice of when they speak, or make written comments about issues of national importance.

The government had decided, that for Thanksgiving day this year, in place of one national Thanksgiving service, where all the various denominations would be invited to celebrate a day of prayer, the same denominations should hold their individual day of prayer in their respective places of worship and parishes.

That decision was the cause of the criticisms by those persons, including the ex-Governor General Sir Paul Scoon. The critics seemed to feel that the decision showed lack of appreciation for the day, and or that the powers-that-be had their own ideological agenda which does not include prayers and worship for thanksgiving to the Almighty.

To even think on those lines, about a state of affairs that includes PM Tillman Thomas as part of the decision making process, is in itself outrageous to say the least.

I realise the critics wish to get at those in the government set up who they see as socialist and non-believers, but to go about it the way it was done was very unfair to those in the team who are known church-goers and worshippers.

I cannot believe those concerned have forgotten that Tillman Thomas was one of the one hundred and three persons who were rescued from Richmond Hill Prison on October, 25th 1983, after two years and three months as a political detainee by the PRG.

And since the 25th October fell on a Sunday this year, what better occasion to celebrate and give thanks in our own churches and places of worship Island wide.

Besides, for that day in particular, celebration and worship should not be for dignitaries and top officials as a selected group, but for the nation as a whole.

And in case the critics may have forgotten, the entire nation was under house arrest from the evening of 19th October 1983, after the chaos and confusion on the fort, and they were all rescued and released on the 25th October by the invading forces.

I realise that criticism of those in the driving seat is the in-thing now-a-days, because things are slow in getting off the ground and not much seems to be happening.

But on that score of a nationwide day of prayer and thanksgiving, I think the criticisms were without merit.
 
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