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Another delay for Kissoon/ Jagdeo libel case
The anxious defence in the Kissoon/Jagdeo libel case was yesterday dealt another blow when for the sixth
Sued: Fredrick Kissoon
time the matter was adjourned. Lawyers for former President Bharrat Jagdeo were granted permission to appeal a ruling made in favour of the defence by substantive Judge Brassington Reynolds.
The former president is suing Kaieteur News Columnist, Frederick Kissoon, Publisher Glenn Lall and Editor-in-chief Adam Harris for more than $10M for what he believes were libelous statements made in one of Kissoon’s writings some five years back.
Among the accusations against Kissoon is that he called the former president an “ideological racist.” The matter was taken to the High Court where Justice Reynolds is hearing the matter. However in March, last year, he allowed the defence to amend their case when Jagdeo’s lawyer, Senior Counsel Barnard De Santos, argued that the defence witnesses were giving evidence that they could not justify.
An accusation against the former head, was that Afro-Guyanese were being sidelined for jobs and other national shares under the Jagdeo-led regime. General Secretary of the Guyana Trade Union Congress (GTUC), Lincoln Lewis, had appeared to give evidence to show that the Critchlow Labour College was being stifled, but his testimony was cut short given the matter of justification.
Former President Bharrat Jagdeo
The plaintiff had already closed their case and was concerned that allowing the defence to amend theirs to include justification would provide an unfair advantage. De Santos then sought to appeal Justice Reynolds’s ruling. But nine months after a stay was granted by the court, the plaintiff was still to file any document with the Full Court; and on three subsequent occasions, the plaintiff sought adjournments to further pursue access to the higher court.
However, yesterday made it the third time since the Full Court granted an adjournment to the former president and his lawyers. Previously, the plaintiff had asked the Full Court for time to submit certain documents pertaining to the appeal. Yesterday was supposed to be for arguments between Kissoon’s lawyer, Attorney Nigel Hughes, and lawyers for the plaintiff, among them Attorney Sase Gunraj.
Neither Gunraj, nor his senior, Bernard De Santos, made the hearing yesterday. Instead the Full Court, comprising Justice Dawn Gregory and Justice William Ramlal, was informed by way of letter that an adjournment was requested. The letter which was received by the court last Friday was handed to Attorney Hughes. He then was informed that the matter was adjourned to May 4 when arguments are expected to commence.
While the letter was not read to the court, Hughes said that Gunraj, a Commissioner with the Guyana Elections Commission was said to be engaged given the upcoming election period. It was not stated whether there was any excuse for De Santos.
On the last occasion, the two sides were set for arguments but because the plaintiff was not prepared they had to pay cost of $50,000. De Santos was able to persuade the Judges for half the amount, but even that has not been paid over to the plaintiff, Hughes told the newspaper.
With the elections drawing near, some have charged that the contents of the hearing would not at all be beneficial for the former President who has emerged as his party’s campaign face and also a ticket on the candidate list.
The libel case has been dragging on for some years now.
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