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Dec 11, 2014 Features / Columnists, Freddie Kissoon
I am going to thread carefully here. I will present what Kaieteur News has published and let readers read. I will not say anything further than what the Kaieteur News has published in the Jagdeo/Kissoon libel trial.
In March 2014, TUC General Secretary Lincoln Lewis was giving testimony in the libel case when Mr. Jagdeo’s lawyers objected to Lewis’ testimony. They argued that the content of Lewis’ testimony is not in the defendant’s statement of claim.
Mr. Nigel Hughes disagreed and posited that in the pleadings of justification Lewis’ evidence falls within those pleadings.
Mr. Hughes then said, “I can also amend the defence statement of claim which would then allow the defence to call Lewis and other witnesses which is permissible in law.” Mr. Jagdeo’s lawyers objected saying that cannot be done. After arguments on both sides, citing authorities, the judge ruled that Hughes can amend the statement of claim, something that is permitted in law. Mr. Jagdeo’s lawyers then told the Judge they will appeal that particular ruling.
The Judge then gave Mr. Jagdeo’s lawyers leave to file their appeal to a higher court and said in fairness to the plaintiff (Mr. Jagdeo) he will resume the hearing after a decision of the appeal. Everything I have written here took place in February and March this year and can be seen in the March 27, 2014 issue of this newspaper.
On Tuesday, nine months later, the libel case was called again. The junior counsel for Mr. Jagdeo informed the court that the appeal was never filed. He then gave the court the reason. He said he was unable to confer with his senior partner. Commonsense would tell the reader that he meant since March 2014, he has not been able to discuss the appeal with his senior partner thus, no filing of appeal papers.
The court allowed the junior partner up to December 22 to do what he agreed that he would do in March this year. These are the facts not an interpretation by this columnist. In fact, I will refrain from interpretation. These facts are reported by this newspaper in its March 27, December 9, and I guess today’s edition.
I will leave it at that without interpretation or analysis. As people are wont to say; “let’s leave it at that.”
Leonard Craig and I left the High court after the hearing to go downtown for me to buy a cutlass and a pair of shears (to do my gardening). As we walked toward our cars, overflowing sewage can be seen outside of the High Court. I first saw this in 1975 when I visited the Arnold Rampersaud murder trial. If anything is permanent in Guyana it is the envelopment of the High Court by sewage.
Life never changes in Guyana. Life remains always the same in Guyana. Funny how many permanent, horrific fixtures this country embodies. I was twenty-four years of age when I saw the overflowing sewage outside the High Court. I have a daughter that same age and she can see that identical picture today that her father saw when he was her age. A cynical mind could joke about this High Court sewage and post funny stories on it (as Guyanese normally do on Facebook) to the effect that what surrounds the High Court outside also takes place inside. Brace yourself for more sewage overflow.
I bought my cutlass and shears and Craig and I went to the Post Office Building to pick up Michael Carrington of the AFC, for lunch. The entire eastern pavement of the Post Office Building is flooded with overflowing sewage. To say it was depressing is to put it mildly. When you look at that horrible sight one thing comes into your mind if you are a political analyst – it is a picture of a failed state.
Sewage outside the High Court, sewage outside the Post Office.
People just get on with their life in a failed state and they try to stop the depression with humour. I showed Michael Carrington and Leonard Craig how close they were standing to the sewage. Carrington watched, looked up at me and was smiling broadly. I wondered why he wasn’t appalled as I was.
Then the psychological lesson flew into my mind. Remember Carrington sees that stuff daily because he has a shoe repair business inside the Post Office building. The point is Guyanese have become accustomed to the horror and terror that characterize their homeland so they laugh about what they see (rightfully so to stop the depression) and just get on with their lives.
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