Judge 'hindering freedom of expression' - attorney - Legal experts blast Supreme Court decision to bar article

Barbara Gayle, staff reporter

McIntosh

The Supreme Court order last week Friday barring The Gleaner from publishing an article, has come in for sharp criticism from some members of the legal profession.

The critics even suggested that The Gleaner could successfully test the matter before the court and have the article published before the seven-day ban expires.

"The judge is in fact hindering freedom of expression and exchange of information," said a senior attorney yesterday. "No judge should ever contemplate such an action."

"I know of no such circumstance where the court can bar somebody from saying something. If an act is defamatory, a clear remedy is open in law. You can sue for damages. I don't think an injunction ought to be granted in those circumstances," attorney Leonard Green said.

Attorney Raymond Clough had obtained an injunction from Justice Marva McIntosh barring The Sunday Gleaner from publishing the article, which was scheduled to run today. Indru Khemlani, managing director of American Jewelry Store, The Gleaner Company Limited and Staff Reporter Barbara Gayle are named as defendants.

But attorney Conrad George said: "Once The Gleaner goes back to court and plead justification, the injunction should be discharged."

Several members of the legal profession told The Sunday Gleaner yesterday that Justice McIntosh had made a wrong decision in the matter. However, they added, the judge had immunity from any suit against her, although the Chief Justice, as head of the judiciary, could reprimand a judge if a ruling was "blatantly" not in conformity with the law or relevant procedures.

Justice Carl Patterson, a retired Court of Appeal judge, explained that the seven-day injunction grant to Mr. Clough means that The Gleaner cannot publish the article until after seven days. However, he said that both parties can go back to court for both sides to be heard.

A senior lawyer said: "In cases where damages are adequate remedy, such as in a libel case, then to grant an injunction would be a wrong exercise of discretion because freedom of expression is a constitutionally guaranteed right."

Mr. Khemlani has reported the matter to the General Legal Council, which deals with complaints made against members of the legal profession and takes disciplinary action if necessary.

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