A CHRONOLOGY OF EVENTS

A Brief History of the Political and Judicial Conspiracy Against the Grenada 17

 

 

Event

Period

Remarks

   1.  

Capture of government & army leadership by US invading forces

Oct. 29-Nov. 6, 1983

 P.O.W. status; Geneva Convention violated. [See OAS Court’s Ruling: Report No. 109/99 of September 29, 1999Case No. 10.951: Coard et al versus United States]

   2.  

Physical & psychological torture of Grenada 17 by police officers of the invading forces

Nov. 13, 1983-Mar. 7, 1984

Not a single Grenadian police officer used to charge the Grenada 17 [See Torture Affidavits of the Grenada 17 17, plus Amnesty International Oct, 2003 Report on this]

   3.  

Massive Adverse Pre-trial Publicity by US forces [spending US$7 million to do so]

 

Putting up posters with photos of accused all over Grenada, declaring them “murderers” and “criminals”

   4.  

Kangaroo Trial Phase 1: the Preliminary Inquiry

April-Aug. 1984

 

   5.  

The Grenada Supreme Court declares itself unconstitutional yet competent to hear the trial

May 1985

 

   6.  

Justice Denis Byron flown in from Antigua and given a special contract to hear the trial of the Grenada 17

February 1986

A specially-contracted judge for a case! Unprecedented!

   7.  

Kangaroo Trial Phase 2: The High Court

Mar 3-Dec 4, 1986

Held in the absence of the defendants

   8.  

Tampering with the Jury:

·          Panel of jurors dismissed, the registrar fired, a member of the Prosecution team installed in his place and a new panel of jurors selected by this prosecutor-cum-registrar

·          Three new Jury laws passed for the purpose of the trial

March-April 1986

All this is happening during the course of the trial

   9.  

New panel of jurors publicly shouts at the Grenada 17 referring to them as “murderers,” “killers”; these jurors also threatened the lawyers defending the Grenada 17

April 11, 1986

This happened 2 weeks before the first witness is called

10.  

Several members of the Grenada 17 beaten by police officers assigned to the court; the latter shouted, “Recognise the court!” while doing this

April 25, 1986

Aimed at preventing their challenges of the court’s constitutionality

11.  

A constitutional motion, Suit 191 of 1986, filed

June 1986

The main query was about the tampered jury

12.  

The High Court ‘trial’ ends and Justice Byron leaves Grenada a few days later

Dec. 4, 1986

Death sentences imposed on 14 members; unlawfully lengthy prison terms on three soldiers

13.  

Brigadier R. Lewis, chief of Barbados Defence Force, together with US Embassy officials in Barbados, selects Seven of the Grenada 17 for hanging

1987

 

Declassified US Secret Department of Defence documents, pages 263 & 264, reveal this was done three-four years before the hearing & determination of the appeal!

14.  

Kangaroo Trial Phase 3: The Appeal

March 1988-July 1991

Each Appeal Court Judge paid approx. EC$1 million to hear this case

15.  

US Embassy plots legal strategy with judges and prosecutor involved in the Grenada 17’s case

1987-1991

From Declassified US Secret documents – available on request from CHRG, UK

16.  

St. Lucian Prime Minister John Compton, as OECS Chairman, sends Grenada’s PM H. A. Blaize a letter stating that Grenada’s Constitutional Court would not be returned to Grenada until the full disposal of the Grenada 17’s case in the unconstitutional court

March 22, 1988

A clear case of outside political interference in the outcome of the case. (copies available on request)

17.  

The Appeal Court judges withhold their decision, until paid an additional US$650,000 solely for the case of the Grenada 17

Sept 1990-July 1991

Some call it extortion; others bribery. You decide! (See Declassified US Secret Department of State documents, pages 0656-0658, re this)

18.  

Appeal Court judges give their decision upholding the High Court convictions. They promised a later written judgement

July 12, 1991

To date, 14 years later, no written judgement has been given

19.  

Act 19 of 1991 passed to return the OECS Constitutional Court system to Grenada;

and a special law, Section 7 (4) of Act 19 of 1991, passed preventing the Grenada 17 from taking their appeal to the Privy Council, Grenada’s highest and only impartial court

July 19, 1991

 

[Passed to take effect on August 1st, 1991]

The judgement is not available for public scrutiny. The case cannot be further scrutinized.

Despite Section 8 (3) of Grenada’s Constitution, the Appeal Court Judges refuse to give the accused or their lawyers a copy.

What are they hiding? What are they afraid of?

20.  

The Grenada 17 file an appeal to the OECS Appeal Court

July 29, 1991

 

21.  

In response to this action the government suspends the coming into force of the OECS court in Grenada on 1st August 1991

July 30, 1991

Musical chairs so as to prevent the Constitutional court hearing the Grenada 17 case

22.  

Preparing the gallows, hiring the hangman, digging graves, making straight jackets – all meant for the execution of five of the 17

July-August 1991

All five being among the seven selected by the US Embassy 3 years earlier for execution [see # 13 above]

23.  

Commutation of death sentences to life sentences

Aug. 15, 1991

Result of international pressure

24.  

Several speeches by Prime Minister Mitchell giving the impression that the Grenada 17 would be released

June 1995-Dec 1999

Political tactics designed to keep the 17 from going to court

25.  

Despite talk of reconciliation, the government consistently packed the Mercy Committee with persons hostile to the Grenada 17; thus they consistently refused the release of Phyllis Coard and Kamau McBarnette on humanitarian grounds

1996 to present

Even in the case of life-threatening illness Phyllis Coard has been given only a temporary respite. [All other prisoners with life-threatening illnesses have been released outright, in keeping with Section 83 of Prison Rules and the Prison Law.]

26.  

Government instructs the Prison Commissioner to deny the Grenada 17 access to their lawyer

Aug 2000-April 2001

Fear that the 17’s court action would free them

27.  

Constitutional motion in the High Court to secure the right to legal counsel

April 2001

The 17 are the only Grenadians forced to take such action

28.  

High Court Judge Brian Alleyne rules that the Grenada 17 has a right of access to counsel

April 27, 2001

 

29.  

Constitutional motion filed in High Court on behalf of three members of the Grenada 17 being illegally held in prison for past 6 years

June 28, 2001

 

30.  

Justice Brian Alleyne temporarily transferred out of the Grenada, by Chief Justice Byron. Byron was the High Court Judge who handed down the illegal sentences, which were being complained of in the motion. However, Justice Alleyne was returned to Grenada, in December, following vigorous protests from the Grenada 17 and other quarters. [See Grenada 17 letter of 1st October 2001 to St. Lucian PM Dr. Kenny Anthony, in his capacity as CARICOM Prime Minister Responsible For Justice And Good Governance re this, published in the Grenada Today newspaper, October 2001.]

September, 2001

This was viewed as an obvious attempt by Chief Justice Byron to interfere with the legal process.

There were newspaper columns and even an editorial condemning this vulgar tactic.

31.  

Constitutional motion on behalf of three members of the Grenada 17 finally heard by Justice Alleyne, after a series of delays, for eight months, by the government

Feb 14, 2002

High Court Justice Alleyne orders their release 'forthwith'

32.  

Government orders the Supreme Court Registrar to ignore the High Court Order while they get an Appeal Court judge to grant a stay in violation of the law

Feb 14-20, 2002

PM Mitchell says only “the people as a whole” can free the 17; not the court, not the law [Feb 20 & 24, 2002 speeches]. PM Mitchell angrily denounces the judge who made the order. The judge was permanently transferred out of Grenada a few months later.

33.  

Appeal Court hears the government’s appeal of Justice Alleyne’s Feb 14th Judgment

July 22, 2002

 

34.  

Constitutional motion filed in High Court on behalf of thirteen members of the Grenada 17, challenging the "life sentence" imposed on each of them by the Governor General in August 1991

September 23, 2002

 

35.  

Appeal Court delivers Judgment against the three members of the Grenada 17

November 22, 2002

They overrule the High Court judgment to free the three men.

36.  

Lawyers for the three members of the Grenada 17 apply to the Appeal Court for leave to appeal the case to the Privy Council

November 25, 2002

The government strongly objects to the application for leave to appeal to the Privy Council! What are they afraid of?

37.  

The Appeal Court finally hears the application for leave to appeal the case to the Privy Council

March 12, 2003

After a four months delay

38.  

Constitutional motion on behalf of thirteen members of the Grenada 17 heard by High Court Justice Kenneth Benjamin

July 14-15, 2003

 

39.  

PM Keith Mitchell, in an attempt to intervene in the judicial process, states on BBC Radio's Caribbean Report that the issue of the release of the Grenada 17 prisoners is "a matter for the people"

August 1, 2003

This, when he knew that Justice Benjamin had NOT yet given a judgment in the motion. In the circumstances, this was another crude attempt to publicly threaten, pressure and intimidate the judge to rule against the Grenada 17.

40.  

Amnesty International issues a Report [The Grenada 17: Last of the Cold War Prisoners?] condemning the conduct of Chief Justice Byron in the Grenada 17 "trial".

October 24, 2003

Amnesty says “trial” did not meet international standards: calls for a review of the “trial”, or the government must free the Grenada 17

41.  

The Appeal Court, presided over by Justice Albert Redhead finally rules that the Court of Appeal has NO jurisdiction to grant leave to appeal to the Privy Council, thus denying their application for leave to appeal to the Privy Council

January 26, 2004

After a fourteen months delay! And ONLY after a letter from Amnesty International to the Appeal Court asking about the judgment. Many legal observers viewed this as yet another nakedly perverse and politically motivated ruling

42.  

High Court Justice Kenneth Benjamin rules that the "life sentence" imposed on each of the thirteen members of the Grenada 17 by the Governor General in August 1991 is unconstitutional and illegal

March 16, 2004

Orders that they be remanded to prison to return to court on April 27, 2004 for proper sentencing. Awards costs for denial of Appeal Court July 1991 judgment

43.  

Appeal Court Justice Gordon grants the government a stay of execution of Justice Benjamin’s Orders

April 26, 2004

 

44.  

Grenada 17 object to retired Appeal Court Justice Albert Redhead being brought back as a temporary judge to hear appeal of Justice Benjamin’s March 16, 2004 Judgment

July 1, 2004

Justice Albert Redhead recuses himself after lawyers’ application that he has shown bias against the Grenada 17

45.  

Appeal Court hears the appeal of Justice Benjamin’s March 16, 2004 Judgment

Nov 22, 2004

 

46.  

Appeal Court, presided by Justice Brian Alleyne, delivers Judgment against thirteen members of the Grenada 17, reversing Justice Benjamin’s Orders

Feb 14, 2005

 

47.  

The Appeal Court hears the application for leave of thirteen members of the Grenada 17 to appeal their motion to the Privy Council

June 27, 2005

After a four months delay

48.  

The Appeal Court grants the application for leave for thirteen members of the Grenada 17 to take their motion to the Privy Council

June 29, 2005

 

 

 

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