Commissioner of Police
Police Headquarters
Fort George
ST.GEORGE’
Dear Sir,
We are instructed by Mr. Tillman Thomas, the leader of the National Democratic Congress (NDC) and the official Leader of the Opposition in the last Parliament of Grenada.
Your letter to the General Secretary of the NDC (Mr. Peter David), dated July 2nd and received on July 3rd), has been passed to us for reply.
Our client notes your refusal to grant permission to use a sound system for its national motorcade scheduled for Sunday, July 6th, 2008. The national motorcade is expected to be the single largest mass activity prior to the national election two days later (July 8th).
As you are quite aware, the use of public address and other amplified “sound systems” are common features of national elections, not only in Grenada but throughout the region and, indeed, the wider world. Since the announcement of national elections, all contesting political parties, have to date been using sound systems throughout the entire day.
Further, may we respectfully point out that your stated legal basis for denying the use of a sound system at the national motorcade is without foundation. Neither the Public Meetings Prohibition Control Act (ss 6& 7) nor the Representation of the People Act {s. 94 (2)}, as pointed out in your letter, applies in this case.
Regrettably, your advisers, or your good self, seem to have misinterpreted or misapplied the letter, spirit and intent of the relevant provisions of the above acts.
Commissioner, ss 6 & 7 Public Meetings Prohibition Control Act applies to circumstances where the Minister has issued an order prohibiting, inter alia, meetings, gatherings and assemblies of persons. No such order exists. On the contrary, more meetings and gatherings are expected in this election period, by all political parties, compared to any other period on our national calendar.
Further, s.94 (2) of the Representation of the People Act applies to circumstances – between the issue of the Writ for holding elections and the day before elections – where two or more parties intend to holding a public meeting on the same day, at the same time and at the same place, or within three hundred yards of each other. The first party applying, in those circumstances, is the one entitled to hold the meeting.
The NDC is not applying to hold any meeting, either at the same place or within three hundred (300) yards of the New National Party (NNP).
In light of the above, we expect that law and order will indeed prevail, and that you will rescind your decision not to allow the use of a sound system at Sunday’s motorcade. As a responsible party, the NDC wishes to promote peace, stability and the rule of law
Apart from misinterpreting and misapplying the law, your decision offends against the principle of equal opportunity to all parties, gives the NNP an unfair advantage at the critical culmination of the election campaign, goes against the very grain of the letter and spirit of our constitution, and is grossly unfair and biased against the NDC.
The NDC expects you, Commissioner, to discharge your duties independently, fairly, fearlessly and within the confines of the law. Amid the added challenges brought on in this intense campaign period, no less is expected of you, given the important office you hold.
In the premises, the NDC is seeking an urgent meeting with you to ensure that its rights, and that of its members and supporters, are fully respected in the few days left for campaigning.
We await your urgent response.
Yours faithfully,
CIBONEY CHAMBERS
Ruggles Ferguson
……………………………….
Ruggles Ferguson
c.c.: Minister of National Security
Leader of the United Labour Platform
Civil Society Organizations.
