Latest update December 20th, 2024 4:27 AM
Jun 28, 2012 News
…as Judge dismisses Contempt of Court case
Justice Diana Insanally yesterday dismissed the contempt of court proceedings brought by Bishop Juan Edghill against columnist Freddie Kissoon and Kaieteur News’ Publisher Glenn Lall.
As a result, she ordered that Edghill pay costs in the amount of $50,000 each to Kissoon and Lall.
The Judge essentially upheld the arguments of the defense lawyers for Kissoon and Lall.
Attorney at Law Nigel Hughes represented Kissoon in association with Mrs. Hobbs-Nurse. The second defendant, Kaieteur News, was represented by Khemraj Ramjattan in association with Mr. Neil Parsram.
The defense had argued that the contempt proceedings filed by Edghill are not consistent with the rules of the court and were bad in law.
Edghill, who headed the Ethnic Relations Commission (ERC), and later joined the ruling PPP and became Junior Finance Minister, wanted Kissoon jailed for an article he had written.
Edghill, in his capacity as Chairman of the ERC, was before Justice James Bovell-Drakes in an application for an injunction by then Opposition Leader, Robert Corbin, to stop Edghill from functioning as Chairman.
Edghill was asking the court to institute penal sanctions against Kissoon because while that injunction was being determined, Kissoon had written a commentary on the ERC.
“Frederick Kissoon contributed and caused to be published an article in which are expressed views and opinions touching the above court proceedings and which are aimed, calculated and directed to prejudice a fair and impartial hearing,” Edghill charged in his affidavit.
Edghill’s lawyer, Senior Counsel Ashton Chase, had argued that the proceedings are essentially summary proceedings and are devoid of the weighty considerations or the “long drawn out” proceedings associated with writs and petitions.
As such, in quoting various legal authorities, he had contended that seeking to get the court’s attention on the contempt proceedings by way of a motion was correct.
Ramjattan and Hughes argued otherwise, saying that under the Rules of the Court Mr Chase’s case was “incapable of being sustained.”
Hughes argued that filing the proceedings by way of “motion” was inconsistent with the rules of the High Court.
It was reiterated that filing contempt proceedings by way of motion can only take place in existing proceedings.
Edghill was asking for a stay of the decision, but this was also thrown out by Judge Insanally.
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