Three media houses that were barred by the court from linking Presidential Press Liaison, Kwame McCoy, to a sex tape, yesterday won an important preliminary battle after a judge threw out a recently granted injunction.
McCoy’s Defense failed to file a summons to continue yesterday’s proceedings and attempts to get a new injunction failed.
Chief Justice Ian Chang ruled that as a result the injunction has lapsed.
According to Attorney-at-Law, Manoj Narayan, who represented Kaieteur News along with Khemraj Ramjattan, the case law is quite clear. Once a newspaper has pleaded fair comments, the interlocutory injunction should not be continued and the Chief Justice ruled that the interlocutory injunction they were seeking should be discharged.
Ramjattan pointed out that discharge of the injunction mean that there is absolutely no restraining order on newspapers, the television stations or proprietors of both from publicizing anything.
If it were found to be libelous in the ultimate stage, there would simply be damages.
The lawyer warned that he is prepared to argue truth, bring in telephone records and other evidence in the other matter, which is still before the courts.
There were no signs of McCoy and several protestors expressed disappointment at his non-appearance. One of them carried a doll and this was placed on the ground in several sexually suggestive positions. There were several innovative renditions of “Radhika” song, only “Kwame” replaced “Radhika”.
McCoy is suing the three media houses demanding $150M.
Meanwhile, activist Mark Benschop, who was also at the High Court noted that the Chief Justice’s decisions was an indication that justice can still prevail.
With injunction now aside, he urged President Bharrat Jagdeo to relieve the official of his duties at the Office of the President. McCoy should also retire from being part of the Rights of Child Commission, he said.
One of McCoy’s lawyer, Sase Gunraj, only said that more actions are coming with a number of filings.
Since the tape became public, there has been deafening silence from the government side.
That was until President Bharat Jagdeo returned yesterday and said that he was awaiting the outcome of the court matter.
However, opposition members have called for the official’s sacking.
The recording was made two weeks ago after a complaint was lodged to Benschop.
A 15-year-old teenager reportedly said that the government official had made sexual invitations to him. Benschop said he made the call to the “Kwame… (Surname given) and Kwame answered the call.
During the 15 minutes long conversation, which was taped, Kwame told the teenager whose name is given as “Julius” that having sex with a man is just like having sex with a woman.
The story picked up steam last week after one newscast aired snippets of the tape.
Last week, McCoy was granted an injunction against Kaieteur News, Prime News and Enrico Woolfood of Capitol News.
The temporary refrained the defendants from further publishing words or images that have the effect of insinuating or suggesting that Kwame McCoy is involved in acts of child molestation and sexual predation on minors until the determination of a summons to continue injunction.
McCoy is also seeking damages in excess of $50M from each of the named defendants for what he calls libel.
According to McCoy the named defendants, during the month of September, maliciously and deliberately published limited as well as inaccurate information, which was, intended to suggest on his part, acts of sexual predation, procurement and child molestation.
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