Latest update January 20th, 2025 3:08 AM

Guyana's largest selling daily and New York's most popular weekly

Latest News

Jagdeo/Kissoon libel case…Arguments today over amendments to defence’s case

Feb 19, 2014 News

By Zena Henry
Attorneys in the Jagdeo/Kissoon libel case are expected to go head-to-head today in arguments over whether the court should allow the defence to amend its case to include justifying statements made against former president, Bharrat Jagdeo, about him practicing “ideological racism” while in office.
The accusation against the former Head of State prompted the court action against Kaieteur News Columnist Frederick Kissoon, Editor-in-Chief Adam Harris and Publisher Glenn Lall. The case is being presided over by Justice Brassington Reynolds at the High Court.  The defendants are being sued for in excess of $10M.
On the last occasion Defence Attorney Nigel Hughes and Attorney for the Plaintiff Senior Counsel Bernard De Santos were divided over Hughes’s intention to amend the defence’s case. The move to amend came about when De Santos accused the defence of not providing particulars of the allegations made again the former president.
De Santos had told the court that there are no particulars of general assertions which provided the defence with the right to lead certain evidence.  He charged that the defence needed to back claims that were being made against the former president and in the absence of that, evidence (which was being given by a witness testifying at the time) should not be accepted.
Hughes stated however that the defence was tasked with proving the statements being made against the former president, and that was being done based on the research which was conducted by the defendant and the evidence given by the witnesses. Hughes stated also that the defence’s case is a plea of justification, and in doing so, witnesses are being called to speak on the areas of public/social services where “ideological racism” was practiced.
De Santos felt however that the defence should not be given the opportunity to amend its case because according to him, it would have an unfair advantage over the plaintiff. He argued that the plaintiff had already closed his case and there was no mention of providing particulars by the defence.
The two sides were supposed to argue on the issue yesterday but De Santos was unavailable for the afternoon session. The court expressed disappointment over the slothfulness of the matter before seeking to clarify certain information, which according to the court, would keep the case and by extension the evidence, in somewhat of a framework.
The contention of the defence’s amendments came when trade unionist, Lincoln Lewis, started to testify about the Jagdeo reportedly suppressing the Critchlow Labour College while he (Jagdeo) was leader of the country.
The Court was however concerned about the relevance of the information the trade unionist had to offer. After expressing that he would like the evidence to stay within a framework, Hughes explained that there was nothing new about the information that would be presented since in Kissoon’s research paper, he expressively mentions restrictions faced by the college. Hughes added also that the plaintiff’s principal witness, Dr. Roger Luncheon, was asked specific questions about the information in Kissoon’s report and reiterated that the evidence already existed.
In De Santos’ absence his junior, Attorney Sase Gunraj, said that the plaintiff’s side is adamant the defence should not be allowed to amend its case. He said the plaintiff’s side is still of the opinion that Hughes’s evidence has gone outside of the defence and “all over the place.”
The plaintiff is arguing among other things that it would be prejudicial to allow the defence to amend its case at this stage of the court hearing since the plaintiff has already closed its case and since Hughes had never mentioned that he would be providing the particulars of his evidence and in so doing try to justify the allegations made against the former president.

Similar Articles

The Glenn Lall Show | January, 13th, 2025

 

Follow on Tik Tok @Glennlall

THE BLUNT OF THE DAY

Sports

Madray, Klass impress on Day Two

Madray, Klass impress on Day Two

Jan 20, 2025

Terrence Ali National Open… …GDF poised for Best Gym award Kaieteur Sports- The second day of the Terence Ali National Open Boxing Championship unfolded with a series of exhilarating matchups on...
Read More
Sajid, Noman, Abrar share all 20 wickets as Pakistan go 1-0 up

Sajid, Noman, Abrar share all 20 wickets as...

Jan 20, 2025

India skittle WI, SL bundle out Malaysia

India skittle WI, SL bundle out Malaysia

Jan 20, 2025

The shortest Test match to produce a result in Pakistan

The shortest Test match to produce a result in...

Jan 20, 2025

Windies crumble to spin as Pakistan seize control with 202-run lead in Multan

Windies crumble to spin as Pakistan seize control...

Jan 19, 2025

Ashby, Inverary, Lewis among winners on Friday

Ashby, Inverary, Lewis among winners on Friday

Jan 19, 2025

Features/Columnists

Publisher’s Note

Freedom of speech is our core value at Kaieteur News. If the letter/e-mail you sent was not published, and you believe that its contents were not libellous, let us know, please contact us by phone or email.

Feel free to send us your comments and/or criticisms.
Contact: 624-6456; 225-8452; 225-8458; 225-8463; 225-8465; 225-8473 or 225-8491.
Or by Email: [email protected] / [email protected]

Weekend Cartoon

Bridge Watch

Demerara Harbour Bridge

> Berbice Bridge […]