Bharrat Jagdeo
The attorneys in the Jagdeo versus Kissoon libel case are expected to commence arguments on the admissibility of fresh evidence into the defence’s case as the trial continued before Justice Brassington Reynolds on Tuesday.
Senior Counsel Bernard De Santos, representing former president Bharrat Jagdeo at the last session, objected to evidence given by defence witness and trade unionist, Lincoln Lewis. Lewis had begun giving evidence to the effect that the former president was neglecting certain trade unions and the Critchlow Labour College.
The senior counsel had told the court that there are no particulars of the allegations that his client had practised “ideological racism” during his tenure as president.
De Santos had further stated that there are no particulars of general assertions which give the defence the right to lead specific evidence, while adding that if they proceeded to do so, then the evidence should be inadmissible. The attorney had even opted to lay over authorities to support his stance against the admission of the evidence.
In response, Kissoon’s attorney, Nigel Hughes, stated that the defence case is one of a plea of justification, and as such, witnesses are being called to testify on areas of public and social services where “ideological racism” was practised.
The senior counsel had pointed out that the defence does not have the right to produce witnesses, but prove that the justifications rely on particulars and not assertions. The defence lawyer subsequently applied for leave to provide the particulars requested by De Santos; however, the senior counsel objected on the grounds that it was premature given the fact that the court had not ruled on his objections.
The presiding judge had then fixed the matter on Tuesday for arguments on these issues and a possible ruling. On that day, however, the senior counsel was not present but Attorney Sase Gunraj had stood-in, further arguing his senior’s position on the matter.
During the proceedings, the presiding judge had inquired from Hughes what relevance the Critchlow Labour College has with the whole issue of “ideological racism”, to which the attorney responded saying that the principal beneficiaries of the school are predominantly of a certain race, linking it to the fact that the former president had cancel subventions to the school.
After several back and forth arguments, the court set today’s date (Wednesday) for commencement of arguments along with the submission of authorities by De Santos. When the court rules on this matter, Lewis will proceed to continue his evidence in the trial. Jagdeo had sued Kissoon along with Kaieteur News publisher Glenn Lall and Editor-in-Chief Adam Harris for Gy$10 million for writing in one in of his columns that Jagdeo is an ideological racist.
