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The CCJ conclusion was erroneous
Dear Editor,
I write to you in connection with the article captioned “CCJ Chides Court of Appeal over Tardy Decisions” which appeared in the Kaieteur News on October 30, 2013. Seemingly in support of the title of the article, two decisions of the CCJ were referenced to Madanlall v S & R Abdulla Cane Farming Inc. The other was Godfrey Andrews v Lester Moore.
I bring to your attention that the Court of Appeal gave its final decision in the Madanlall matter on the 30th January, 2013. The Caribbean Court of Justice in its ruling of 22nd July, 2013 made in an application for Special Leave to Appeal the said ruling made absolutely no mention of the unfounded contention in your newspaper that the Court of Appeal failed to deliver its decision in a timely manner.
What appeared in the Madanlall matter is that the reasons for the decision of the Court of Appeal, which were available, were not with the CCJ at the time of the hearing of the application before them. This was the result of an administrative hiccup. In short, those reasons were not sent to the CCJ, nor did the CCJ request them. Please note, however, that the Honourable Chancellor and the Judges of the Court of Appeal have no role to play in the transmission of records to the CCJ.
In the matter of Andrews v Moore, which the article refers to, the CCJ again had no cause to chide the Court of Appeal for being tardy in its decision and no such observation is to be found in that decision.
The Judges of the Court of Appeal did not fail to notice the subtle intent of the article and its caption. Now that the unjustified, erroneous and unfounded nature of the article and its caption has been brought to your attention, the Honourable Chancellor and the Judges of the Court of Appeal expect the Kaieteur News to demonstrate its sense of decency and journalistic responsibility in an appropriate way.
J. Graham (Mrs.)
Court of Appeal
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