Bajan CJ to sue Montano for libel

SIR DAVID SIMMONS, Chief Justice of Barbados, is threatening to sue UNC Senator Robin Montano for libel. In fact, Simmons has given Montano until noon tomorrow to apologise and pay damages, failing which the writ will be filed in the Port-of-Spain High Court by attorney Clive Phelps, who has been retained by Sir Simmons. Montano was highly critical of the Barbados Chief Justice, who was appointed the interim chairman of the Regional Judicial and Legal Service Commission (RJLSC) in a ceremony at the Hall of Justice on August 21. In a letter dated August 27, the Barbados Chief Justice is complaining of a story in a daily newspaper on Tuesday headlined “Montano hits Barbados CJ: Cockroach in fowl business.”

Simmons complained of two parts in the article. He said the statements of the UNC Senator “disparage him in his office as Chief Justice and in their natural and ordinary meaning are a vicious libel on him both as Chief Justice and Chairman of the Regional Judicial and Legal Service Commission. In the letter, Simmons claimed that he heard Montano on radio on August 23 alleging that members of the Commission, who were sworn in in Trinidad two days before, had been political appointees. At a news conference at the Hilton on August 23, Simmons explained to the media that none of the persons appointed to the Commission were political appointees. He also stated that he was careful not to interfere in the internal politics of Trinidad and Tobago. He also responded to allegations that the Commission was illegal. According to the letter, television stations in TT carried excerpts of Simmons’ statements on the evening of August 23 while the print media published parts the following day. In his media conference, the Barbados Chief Justice was at pains to indicate that he was not interfering in the domestic politics of TT, neither was he commenting on pending litigation, which the UNC filed.

Although Simmons is asking for an apology, having regard to the nature and extent of the publication and his status regionally and internationally, he does not feel that an apology will meet the justice of the case. Simmons is also asking for damages for “this grave injury to his reputation and feelings.” Simmons assumed office as the 12th Chief Justice of Barbados on January 1, 2002. Before that, he was Attorney General — first from 1985 to 1986 and then from September 1994 to August 2001. He acted as Prime Minister of Barbados during the absence of current Prime Minister Owen Arthur. He served for 25 years in Barbados Parliament before he retired from active politics in 2001. He became a Queen’s Counsel in February 1984. Prior to his appointment as Chief Justice, Simmons was chairman of the Preparatory Committee to establish the Caribbean Court of Justice, a position now held by the Barbados AG Mia Mottley.