Judge accepts Adam Harris apology -- frees him of contempt charge
January 24, 2007
JUSTICE B. S. Roy yesterday accepted an apology printed in the Kaieteur News Sunday and dismissed the contempt of Court charge against the Editor, Adam Harris.
The judge had cited the contemnor on several counts and called on him to show cause why he should not be committed to prison for the offence.
The offending article by Harris, headlined ‘When the courts legalise an illegality’, was published in the same newspaper on Sunday, December 24, 2006.
Among other things, in the January 21 publication, Harris apologised to Chief Justice and Acting Chancellor, Justice Carl Singh and all the other Puisne Judges of the High Court.
“I hasten to reiterate that I never intended malice against Justice Roy nor did I intend any slight in the performance of his judicial function.
“Having a better appreciation of the adjudicative process, I now realise that a judge’s task, as regards application for an ex parte injunction, is not as clear cut as I had thought,” Harris wrote.
He admitted that the article contained words and phrases that may have and probably did convey to the public that the ex parte order granted was based on considerations other than settled legal principles.
“I apologise for this, a most unintended consequence,” Harris added.
He continued: “As I have now realised, Justice Roy’s ruling was wholly based on what was before him and I am now convinced that what was before him was a basis for a grant of the order sought.
“Further, it was an interim order which paved the way for the other party to file a reply.”