St. George’s – In Grenada, we are developing a very unfortunate practice of trial in the Media i.e. the television, radio and newspaper.
Our Law and the Constitution provide for trial before a magistrate in civil and criminal matters, in the Lower Court, and by a judge in civil matters and judge and jury in criminal matters, in the High Court.
Many of us in leadership positions are seen to be responsible for the growth of this unfortunate practice. Politicians, lawyers, journalists etc, continue to fall into error in that respect.
That unfortunate practice is damaging the proper administration of justice in our country.
I cannot follow and would not be seen to uphold this practice by coming before the media and professing my innocence.
Our law and our constitution say that everyone charged for an offence is presumed innocent until proven guilty in a court of law.
It is, equally, wrong for me to go into details of my side of the story. For me to do so may well be seen as an attempt to prejudice the public’s mind in my favour. Just, as it would be wrong for the other side to seek to prejudice a fair trial of the matter.
So, ladies and gentlemen of the media, I am before the court. Let us not pollute the stream of Grenadian Justice.
What I am prepared to speak of, because I believe that you are entitled to know, is how I became involved in Capbank.
I was consulted by Capbank on the matter of the Eastern Caribbean Central Bank’s refusal to admit Capbank into its clearing house facility in Grenada which would have allowed Capbank to issue and clear its own cheques.
Now, members of the media, I would like you to understand that the Government of Grenada, through the Minister of Finance, granted Capbank a banking licence under the Banking Act, 1993 which entitled the bank to carry out banking business. How could the bank carry out banking business without issuing cheques?
Ask yourself that question.
On behalf of the bank, my firm, R. C. Benjamin & Co, applied to the Grenada High Court for a declaration that the bank is entitled to admission to the Clearing House in the case: Capital Bank International Limited V Attorney General of Grenada and Eastern Caribbean Central Bank: NO 490 of 2001.
Now, members of the media, under our law and our constitution, a person who has a grievance has a right to go to court and have the court decide his rights.
Justice delayed is justice denied.
Capbank went to Court in 2001
It is now eight years that the matter is in court and the case is yet to be decided, through no fault of Capital Bank.
Has justice been delayed for Capbank?
Has justice been denied for Capbank?
In the meantime, the bank carried on using novel means to ensure its survival while enemies circled around for the past eight years waiting to pick the carcass.
The bank had a right to have the matter settled, one way or the other. And because of that right, I stood with the bank throughout those years.
I may add that I have absolute belief that the bank was entitled to issue and clear cheques like any other bank.
Such delay in the administration of justice undermines the whole system and erodes confidence and was the cause of all the problems encountered by Capbank..
