Grenada has filed its first case against the Republic of Trinidad & Tobago in the Original Jurisdiction of the Caribbean Court of Justice (CCJ). It’s the second case filed by Grenada, in just 2 weeks, in the Original Jurisdiction of the CCJ.
In the 2nd case filed this morning (Tuesday 9), David Bain, who hails from Concord, St John’s, alleges that the Republic of Trinidad & Tobago breached his right to freedom of movement under the Revised Treaty of Chaguaramas when, on 14 December 2017, he was denied entry to attend a wedding of a family member and to enjoy Trinidad for a few days.
On arrival on board a LIAT flight, Bain was detained and questioned by Immigration Officials in a manner which indicated that there was suspicion that he, or someone carrying his name, may have been previously imprisoned for drug-related offences. Despite strenuously denying the allegations, the then 59-year-old Bain who has never been arrested or charged for drug offences, was sent back to Grenada “hungry, tired, disappointed, frustrated and embarrassed”. He felt humiliated and ‘treated as a prisoner without justification’.
It was a flight attendant from LIAT who informed him that he was denied permission to land in Trinidad & Tobago; after awaiting word from an immigration officer for about an hour. He was even informed by the LIAT attendant that he would have to pay the difference on the ticket to go back to Grenada. He refused.
Bain is contending that his right to move freely within the Caribbean Community without harassment of the imposition or impediments was infringed by the State of Trinidad & Tobago. He was not allowed to contact an attorney, family member or consular official. Further, he was given no valid reason, within the requirements of the Revised Treaty, for denying him entry and sending him back to Grenada.
Bain holds both a Grenadian and US passport.
On 25 September 2018, Grenada filed its first matter in the Original Jurisdiction of the CCJ against the State of Barbados for breach of the right to freedom of movement, this time in relation to a family of four. Pastor Royston Gilbert, his wife Glennor Gilbert, and two daughters Lynnel Gilbert and Tamika Gilbert were detained in Barbados in October 2016 after a store owner falsely accused one of the daughters of stealing her cellphone. The two daughters were stripped searched and made to ‘stoop’ and ‘cough’ while naked.
The Barbados police also insisted that one of the daughters (Tamika Gilbert) change a portion of her written statement to the police before the entire family could leave the station in time to catch their LIAT flight back to Grenada that evening.
Both Bain and the Gilbert family are represented by Ciboney Chambers in Grenada.
Dated the 9th day of October 2018.
Ruggles Ferguson
Managing Partner, Ciboney Chambers
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