ECSC dismisses appeal of man convicted of murder in Grenada Revolution

Layne was convicted of 10 murders in the Grenada revolution
Layne was convicted of 10 murders in the Grenada revolution

An appeal by Ewart Joseph Layne, a member of the Grenada Revolution who was convicted on 10 counts of murder, to seek admittance to the Grenada Bar to practice law has been dismissed by the Eastern Caribbean Supreme Court (ECSC) presently sitting in Dominica.

Layne’s application to practice as a barrister and solicitor of the court was rejected by Grenada High Court Judge Margaret Price-Findlay
but he challenged that decision in December last year.

The facts of the matter are as follows:

-The applicant has a murder conviction on his file following the bloody events in Grenada in October 1983 when then Marxist Prime Minister, Maurice Bishop, was executed along with three Cabinet ministers following a bitter power struggle among moderates and hardliners for control of the New Jewel Movement (NJM)-controlled government.

-Layne, along with 16 former military and political leaders, including ex-deputy Prime Minister Bernard Coard and General Hudson Austin, were convicted and sentenced to be hanged for the bloody murders which took place at Fort George.

-The death sentences were later downgraded to life in prison by the 1990-95 National Democratic Congress (NDFC) government of Sir Nicholas Brathwaite.

During his years in prison Layne, who was a secondary school teacher prior to the 1979-83 Grenada Revolution staged by the NJM, studied law and passed with honours.

In her ruling, Price-Findlay explained, “it is to be noted that acceptance to the Law School does not grant any right or expectation to be admitted to the Bar.”

“The present Applicant has satisfied the other requirements set out in the section. Therefore, the sole issue by this Court is, is the Applicant of good character? In other words, is he a fit and proper person to be admitted to the Bar?” she stated. “Good moral character as defined by Black’s Law Dictionary is ‘a pre-requisite to admission to the practice of law, an absence of proven conduct or acts which have been historically considered as manifestation of moral turpitude.’”

She continued, “The Applicant here is a man who has accomplished much. But having reviewed the evidence and taking into account all the relevant considerations, and the authorities in England, the United States, the OECS and other jurisdictions, I am constrained to refuse this application for admission. Had this Applicant committed these acts while a practicing attorney, this Court has no doubt that he would have been disbarred. Disbarment has occurred for less egregious conduct. To allow this Applicant to be admitted would send an inconsistent message to members of the public and to the profession as a whole.

In its ruling on Monday, the ECSC said that looking at the subjective and objective test of the matter they found “no unfairness in the process” and found no reason (s) to disturb the findings of the trial Judge.

“In the circumstances, the appeal is therefore dismissed and the decision of the trial Judge is affirmed,” the court ruled.

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22 Comments

  1. ATKINSON
    June 17, 2015

    So the former marxist, cuban loving, convicted murder, general of the peoples revolutionary government of grenada, wants to practice law. I have a few places where mister communist can practice law. how about havana, ,pyongyang or for the skerrit labour party, He would be welcome there

    • blood
      June 18, 2015

      But di man was standing up for his rights lol if u cant take them out by ballots we will over throw them lol….go read arthie martin article on the sun news paper…surely sounds like uwp wants blood to shed jus to gain power hmmm just like what those fellas in grenada did

  2. me that
    June 17, 2015

    There are men like judge mathis in America that went to prison in America turn their life around and beame a judge. U all even watch their progams on TV and say nothing. So y be so critical of our own in the region. Dominican just love bad for other. That’s their home work assignments pulling others down with them. DNO remove views as usual but i am just speaking the truth.

    • The Real Facts
      June 17, 2015

      Judge Mathis spoke of his youth and when he was imprisoned. I have viewed his TV programs and like them. He could be funny too.
      He was a rebellious teenager and also probably took illegal drugs and committed other crimes.
      Did he state he murdered anyone? I cannot remember he stated anything like that.
      We could find out on, Ask Judge Mathis.

  3. Envar
    June 16, 2015

    what was the Grenadian revolution all about, who initiated it and what was the dirty cover up.. let the man practice his law

  4. The Real Facts
    June 16, 2015

    He should have enough sense not to seek permission to be a member of the Bar. He who committed those atrocities and was imprisoned for murder, how could he represent his clients fairly? He probably still harbors hatred for the government and some Grenadians.
    Did he apologize to his victims family? Did he ever show remorse for what he did? He can never make that wrong he committed right.
    I know a Grenadian who is the first cousin of Bishop. When we spoke his grief was uncontrollable.
    The entire Caribbean/West Indian community was shaken at what occurred, including those who resided overseas. May such a thing never recur.
    I wonder if the victims’ relatives would have been pleased if he was called to the Bar. Who knows? Those who are still living may also have had a say in it.
    To all who love protests saying it is their right, take note and cease your protests. It could lead to something worst. Learn to communicate, cooperate, negotiate amicably and patiently.

  5. David
    June 16, 2015

    As a Grenadian I do not think that such a person should be allowed to practice law in Grenada. While I believe in forgiveness and wish him well in his career, please seek the bar in another country…character is important in such positions….

    • The Real Facts
      June 16, 2015

      He does not have a clean record. If he is pardoned, this is another matter. If the governments of other countries are aware of his murder conviction and imprisonment, they will not accept him. Unless he goes to a communist country, I suppose.

  6. Pondera
    June 16, 2015

    Oh my God! The law is a social construct. It must serve the greater good. This is since 1983. The man has evolved into a new individual. We must give him the opportunity to serve and fully integrated. Let common sense prevail. The law must never be a shackle to upward social mobility. We make laws and not laws make us. This court decision does not represent the best of human civility.

    • The Real Facts
      June 16, 2015

      Utilize your common sense. Do you not know what occurred in Grenada, how many were murdered and thrown into a grave/pit? I believe the body of Bishop was never found.
      His record for murder is still hanging over his head and will continue until he dies, I expect.

  7. legion
    June 16, 2015

    Very good. This man commited 10 murders and wants to have the benefits of a normal citizen? I applaud the ECSC and the trial judge. Let this be a message to the law enforcement people who will do shit andd then take the cover that they were following. Orders.

    • The Real Facts
      June 16, 2015

      He forfeited his right when he held them hostage and murdered them.
      What you stated in your third sentence, I thought the same.

  8. simoneb
    June 16, 2015

    So one mistake in someone’s life determines their future? This is absurd. So yes he was part of the revolution but in this day and age you’re telling me if you commit a crime you cannot change your life and do something positive with it? That judge is ridiculous.

    • The Real Facts
      June 16, 2015

      Yes, but not where being a barrister-at-law is concerned. Do you know he could even have become a judge? Knowing his reputation, who would respect him anyway and have confidence in him?
      People who murder, even though they were imprisoned, they are still to be feared and should not hold such important jobs especially where the Law is concerned.
      I make my own Law. :lol:

  9. Johnny st.jean
    June 16, 2015

    Avoca ,lawyers, lawyers he are good. But wen I grow up I don’t want to be a lawyer nor a politician I don’t wan to be like lawyer ?????? nor politician >>>>>>>>>>>>>>>>>>>>>>>>>>>

    • The Real Facts
      June 16, 2015

      How about a real estate lawyer or a family lawyer? Or you could work as a lawyer with a private enterprise. You will not be representing and defending criminals.

  10. TRUEMAN
    June 16, 2015

    ***WELL DONE***

    The sins of your past shall be permanent!
    Maybe you can be of guidance to our youth in another capacity!

    Best wishes,

    • The Real Facts
      June 16, 2015

      Good idea. He could travel throughout Grenada and counsel the youths to stay away from trouble, such protests and coups and lead a law-abiding life and be diligent in their studies.

  11. Duncekyat
    June 16, 2015

    Convicted of 10 murders!!?? Dude, you should have been stretched by the neck a long time ago or still be rotting somewhere in a jail dungeon. Just be happy that the families of your victims have decided to just let it go.

    • The Real Facts
      June 16, 2015

      He and his gang placed much fear in Grenadians and caused much hardship, grief and tears.
      US President Reagan had sent his troops to Grenada to help quell the situation.
      If I recall, at that time the late Marleen Green was there on a work assignment. Marleen, a D/can had resided in Ontario. The Canadian government sent a plane to get them, its citizens out of Grenada. Marleen was one of them.
      The US government did likewise for its citizens.

  12. Johnny st.jean
    June 16, 2015

    Interesting! I have mix feelings But overall I am kind of in agreement however am still open to some logical presentation from the defense.
    Bernard & Phyllis were set free on health grounds. This is a total dif kettle of fish as an issue as they are separate.
    Here in DA we have lawyers who commit big crimes after being admitted to the Bar and have not been disbarred. Typical ej the land transfer lawyer who was said to have erred. not even a slap on the wrisk. It’s like the inquiry of 1997-98 Some characters were dismissed later re-admitted as evidence proving other wise. Some were asked to resign in the public interest. It’s all related to the politics of the day and the social consciousness. Unfortunately,/or a it is e are lacking this trait in the Caribbean.

  13. June 16, 2015

    England will over turn it poiunting to changed , transformed; a new individual…LOL

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