The Friends of the Tobago Cays (FOTC) wish to express solidarity with Mr Ordan Graham, who is a member of the SVG Green Party, but was on the FOTC platform on August 27, 2006 at Buccament as a concerned citizen protesting the effects of the Government’s land policies on the environment and the citizens of SVG, and called upon the Government to reverse its policies to avoid dire consequences.

The police have since arrested and charged Mr. Graham with making a seditious statement under Section 53(1) b of the Criminal Code Chapter 124 of the revised laws of SVG.

Below are the relevant sections of the law under which Mr. Graham has been charged. We ask the people of St Vincent and the Grenadines to judge for themselves.

Section 51(b) of the Criminal Code: “…..seditious words” means words having a seditious intention.

Section 52(1): A”seditious intention” is an intention-
(a) To bring into hatred or contempt, or to incite disaffection against, the person of the Sovereign, Her heirs or successors, the Governor General or the Govt. of SVG by law established;
(b) To excite the inhabitants of SVG to attempt to procure the alteration, otherwise than by lawful means, of any matter in SVG as by law established;
(c) To bring into hatred or contempt, or to excite disaffection against, the administration of justice in SVG;
(d) To raise discontent or disaffection amongst the inhabitants of SVG;
(e) To promote ill-will or hostility between different classes of the population of SVG,;or
(f) To incite any person to commit any crime against any person, property, public order or otherwise in disturbance of the peace:
Provided that an act, speech or publication is not seditious by reason only that it intends –
(i) To show that the Crown has been misled or mistaken in any of its measures
(ii) To point out errors or defects in the Government or Constitution of St Vincent and the Grenadines
(iii) to persuade the inhabitants of SVG to attempt to procure by lawful means the alteration of any matters in SVG as by law established; or
(iv) to point out, with a view to their removal, any matters which are producing, or have a tendency to produce, feelings of ill- will or enmity between different classes of the population.

Section 52(2): In determining whether the intention with which any act was done, any words were spoken or any document was published, was seditious, every person shall be deemed to intend the consequences which would naturally flow from his conduct at the time and under the circumstances in which he so conducted himself.

Section 53(1): Any person who –
(b) Utters any seditious words ….….is guilty of an offence and liable to imprisonment for five years….”

13th October 2006