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Grenada accountant defeats prime minister in court
Published on April 19, 2014 Email To Friend    Print Version

By Caribbean News Now contributor

ST GEORGE’S, Grenada -- Prime minister of Grenada Dr Keith Mitchell has lost his bid before the High Court in Grenada to have local chartered certified accountant Garvey Louison removed as liquidator of the Grenada Today newspaper.

keith_mitchell5.jpg
Prime Minister Dr Keith Mitchell
Mitchell had argued before that court that Louison had failed to comply with his duties, failed to indicate the location of assets, lost interest in the matter, and had caused undue delay in bringing the matter to a close.

In his defence, Louison argued that Mitchell had no evidence to support his claim, that Mitchell hid behind the frock of a legal secretary at a law firm to bring his allegations before the court, that the legal secretary had no standing before the court and that he had complied with the duties set out in the liquidation order and that of the Companies Act.

Justice Mohammed held that to remove the liquidator the applicant must have good standing, good grounds, and provide sufficient evidence to move to court.

The judge questioned the legal standing of the secretary, one Uthlyn George, to make the accusations that she filed by way of affidavit. The law is clear regarding the production of an affidavit. An affidavit is supposed to contain facts that are within the deponent’s own knowledge and belief and where it is not, it must set out the source of the information and belief or it would be hearsay.

The deponent failed to set out who informed her or what was the source of her information and belief in making allegations that were not in her direct knowledge. In particular regarding the allegations of delay, she failed to set out the details of such delay.

In addition, Mitchell did not provide a reason why he could not file the affidavit himself and had to use Uthlyn George.

garvey_louison.jpg
Garvey Louison
It was held that, whereas the court can remove a liquidator in the circumstances where it was satisfied that the liquidator was inefficient, lacked vigour or was biased in the discharge of his duties, there was no evidence in this case to support the removal of the liquidator.

Local observers had claimed that, at some point, Mitchell was expected to move against Louison based on several articles the business consultant and former auditor general, accountant general and permanent secretary, finance had been writing in the media.

Grenada Today was put into liquidation in 2009 as a result of two charges of criminal libel brought against the managing editor, George Worme, in connection with a letter published by the newspaper accusing Mitchell of bribing voters in the 1999 general election.
 
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Comments:

Elton Sylvester:

Well it's about time someone is standing up to Dr Mitchell. Grenadians can't just stay there and take everything that throw at them with their mouth wide open to push down their throat like animals getting medication its good to know and exercise your constitutional rights!


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