CCJ in full swing

There was room for just 19 persons, including the media, in the public gallery. There were 12 chairs for lawyers at the bar table, while there was very little room for the court officials including the Registrar.

As soon as proceedings got underway, CCJ President Michael de la Bastide apologised for the cramped conditions in which the first session was taking place. But he promised better things in the future as the building earmarked for the court on upper Henry Street was being refurbished at the expense of the Trinidad and Tobago Government.

From the entire Caribbean, just Barbados and Guyana are on board. The first case was an application for special leave to appeal the decision of the Barbados Court of Appeal in a libel case.

Barbados Rediffusion Services Ltd sought and obtained leave of the court late yesterday to appeal the decision of the Barbados Court of Appeal which ruled in favour of Ram and Asha Merchandani and Mac Donald Farms Ltd. De La Bastide sat as court president along with Justices Desiree Bernard, Rolston Nelson, Adrian Saunders, and Prof David Hayton. The lawyers on both sides travelled from Barbados to argue the first case before the new Caribbean Court.

Former Barbados government minister Sir Henry Forde QC led the team for the television station. The others were Hal Mc Claren Gollop and Anthony Audain. Clement Lashley QC led the team for the Merchandanis and that team, including David Thompson, former leader of the opposition in Barbados, Oneka Stewart and Shaunita Jordan.

Several TT lawyers sat at the bar table to take in proceedings along with one High Court Judge David Myers. Proceedings got underway promptly at 10 am with de la Bastide apologising for the cramped conditions. He said he did not think that the work of the court should be delayed because the new accommodation was not ready.

It was not smooth sailing as the resumption of hearing after lunch was delayed because the fire alarm tripped in the UTC building, forcing the evacuation of everyone. The all clear was eventually given and hearing resumed at 2.45 pm.

The case before the court dates back 16 years. It was alleged that on July 28 and August 4, 1989, three calypsos — "Mad Chicken Song," "Tit for Tat," and "Pluck it" — were sung live over the Voice of Barbados television station during the semi-finals and finals of the Pick of the Crop competition at the national stadium in Bridgetown.

The Merchandanis filed for libel claiming that the songs caused tremendous difficulties for them and their company which resulted in the closure of Mac Donald Farms some time later.

In 1994, Justice Husband struck out the defence of the television company and ruled for the Merchandanis.

Barbados Rediffusion appealed and the Barbados Court of Appeal, on June 23 this year, dismissed the appeal.

It is against that background that the application for special leave was filed with the CCJ, as Barbados moved away from the Privy Council on April 14.

Yesterday, lawyers argued whether the CCJ had jurisdiction to grant special leave. At 4.45 pm, de La Bastide said the court was conscious of the delay in the case. He said the court was very keen to deal with the appeal. "We propose to grant special leave, but the order has to be finalised," de la Bastide added.

The CCJ president said the court will give both parties the opportunity to reach a consent order on how the appeal is to be approached. Failing this, the court will give its own order. Hearing was then adjourned to 11.30 am today to finalise the order.