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Sharma injunction… Court orders lawyer to file written defence

Jun 04, 2011 News

Justice James Bovell- Drakes has postponed the beginning of the hearing into the State’s case challenging an ex parte injunction by Chandra Narine Sharma which was filed to prevent the government from suspending the television station, CNS 6.
Kaieteur News was told that the ACB has determined that Sharma’s license should be suspended for six months after the channel aired a commentary by Anthony Vieira, containing some damning allegations against Chairman of the Ethnic Relations Commission, Bishop Juan Edghill, last month.
Sharma through his lawyers on Monday secured three injunctions in the High Court to prevent this.
Attorney at law Nigel Hughes is one of the lawyers representing Sharma. He said that the matter was put down until Thursday.
The Judge gave the State’s team on or before June 7 to file an affidavit. The matter has been adjourned until June 9.  Representing the state is Senior Counsel Aston Chase and attorney at law, Naresh Harrianand.
Kaieteur News was told that the Judge sought to explain that written submissions should be made. It should contain evidence for the court to consider whether to review the ex parte injunction and decide whether to discharge or vary it.
Senior Counsel Chase told the judge that the injunction had already expired at 11:30 AM, Friday, a position Bovell-Drakes disagreed with, saying that he had already extended it.
Chase said his intention is to file an affidavit in opposition to the injunction, not in answer to it.
Reports are that the ACB has determined that Sharma’s license should be suspended for six months after the airing of a commentary by Anthony Vieira, last month.
The television owner had apologized.
Meanwhile, Edghill has filed a motion against both Sharma and Vieira seeking more than $50M in damages.
Lawyers for Edghill, Anil Nandlall, Euclin Gomes, and Manoj Narayan, in their motion had stated that the “Bishop” had suffered “tremendous embarrassment, distress and ridicule” by the commentary.
Hughes had explained that the first injunction was preventing the ACB from making any recommendation to the Minister of Information, President Bharrat Jagdeo, in connection with the suspension of the television station’s licence.
The second injunction restrains Evan Persaud, chairman of the ACB, and Norman Mc Lean, the other member, from making any decision on behalf of the ACB until the Opposition Leader would have submitted a name for his nominee to sit on the board, this making it fully constituted.
The third injunction blocks the ACB from making any recommendation that Sharma’s licence be suspended.
Sharma’s television station was shut down twice over the years, for various reasons.

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