My column - by Adam Harris
January 21, 2007
On Sunday December 24, 2006 I penned a column captioned ‘When the courts legalise an illegality'. In that article I referred to, among other things, the granting of an ex parte injunction by a High Court judge. Though the judge was not named, it seemed obvious that reference was being made to Justice B.S. Roy.
The article was not complimentary of Justice Roy and was sharply critical of his granting the interim injunction.
This month I was summoned before Justice Roy and having heard how he felt and how he interpreted what was stated in the article, I feel it wholly appropriate to offer sincerest apologies to him for the hurt and discomfort he must have suffered.
This apology is also extended to Chief Justice and Acting Chancellor, Justice Carl Singh, and all the other Puisne Judges in 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 realize that a judge's task, as regards application for an ex parte injunction, is not as clear cut as I had thought.
In that article, there were 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.
As I have now realized, 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 only an interim order which paved the way for the other party to file a reply.
Making the petition was Attorney-at- Law Anil Nandlall and I also extend an apology to him for suggesting that he falsified evidence before the judge.
I wish to use this opportunity to state that I never desired from any reading of that article of December 24, 2006, to bring the court or the administration of justice into disrepute, nor did I intend to scandalise the administration of justice.
I also never intended to prejudice the proceedings or prevent a fair trial from taking place.