Court bars article - Injunction served on the Gleaner Company

IN AN unprecedented move yesterday, The Gleaner was served with an injunction from the Supreme Court, by Kingston attorney Raymond Clough, barring the publication of an article scheduled to appear in the Sunday Gleaner.

The Writ names The Gleaner Company Limited as defendant as well as businessman Indru Khemlani and reporter Barbara Gayle. An injunction was also taken out against Mr. Khemlani. Mr. Khemlani has reported the matter to the General Legal Council.

Mr. Clough personally served the injunction on staff reporter Barbara Gayle and on the Gleaner Company at their North Street office, Kingston, yesterday.

This is the first time in its history that The Gleaner has been served with such an injunction. The Gleaner is seeking advice from its lawyers with the intention of responding in court to the matter.

President of the Press Association of Jamaica, Donna Ortega, said yesterday that the move was a blow to the constitutional right of the Jamaican people to freedom of expression. She said that a court injunction barring The Gleaner from publishing an article which from all accounts had been extensively researched and with due regard to the response of the parties involved, set an unusual and fearsome precedent in a society which says it also values press freedom.

The Gleaner having prepared the story, sought a response from Mr. Clough. He at first said he would respond on Tuesday, but later said he needed a week to reply to the allegations. Instead he obtained an ex parte injunction from Mrs. Justice Marva McIntosh.

After hearing an ex parte application made in chambers by Mr. Frank Phipps, Q.C., the judge ordered the following:

"An injunction restraining the defendants by themselves or their agents for a period of seven days from the date hereof from publishing the said article attached to the affidavit of the Plaintiff or any similar [alleged] libel concerning the plaintiff."

"The plaintiff gives the usual undertaking as to damages".

The injunction was delivered just after 3 p.m. yesterday but the affidavit and article referred to in the injunction were not attached to the documents served. Since the office of the Supreme Court was closed The Gleaner was unable to obtain a copy of Mr. Clough's accompanying affidavit.

Back to Lead Stories