CCJ sets Nov 7 to hear Barbados appeal

The CCJ judges granted special leave to Barbados Rediffusion Service Limited to appeal against the decision of the Barbados Court of Appeal dated June 23 which ruled in favour of Ram and Asha Mirchandani and Mac Donald Farms Limited.

Hearing got underway around midday yesterday as attorneys representing both sides ensured that a consent order entered into was correct before it was presented to the court.

The radio station Voice of Barbados must file and serve its grounds of appeal within 14 days. The Mirchandanis must respond within three days. The Barbados Court of Appeal Registrar must then settle the record and file it with the CCJ.

The radio station must also post a $40,000 (Barbados) bond as security for costs of the appeal. Failure to pay this bond within a specified period will result in the dismissal of the appeal. The CCJ then stayed the judgment of the Barbados Court of Appeal pending the hearing and determination of the appeal before the CCJ. The appeal was then set for November 7.

CCJ president Michael de la Bastide said the matter had been pending for far too long. He said the court was not going to permit any more time to be lost. He said the court was unable to settle the matter without the cooperation of the attorneys. He said the reasons for granting special leave would be given at a later date.

De la Bastide said it was likely that the appeal would be heard at the cramped UTC building, but he did not rule out alternate arrangements being made. The hearing was over within five minutes.

De la Bastide sat as court president along with Justices Desiree Bernard, Rolston Nelson, Adrian Saunders, and Professor David Hayton. The case before the court dates back 16 years. It was alleged that on July 28 and August 4, 1989, three calypsoes — "Mad Chicken Song," "Tit for Tat," and "Pluck it" were sung live over the Voice of Barbados radio 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 radio 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.