October hearing for contempt action over Stabroek publication

Mc Bean dismissal…
JUSTICE Franklyn Holder has set October 1 to hear arguments on the contempt motion filed by Attorney General and Minister of Legal Affairs,  Senior Counsel Charles Ramson against retired Assistant Commissioner of Police Paul Slowe, Guyana Publications Inc, publishers of Stabroek News  and its Editor-in-Chief Anand  Persaud.
The date was given when the case was called recently as the respondents did not seek leave to file affidavits in answer but other Senior Counsel Rex Mc Kay, for Slowe, caused an indication to be given that he would move to have the matter struck out, on the ground that notice of the action was improperly served.
The litigation, started last July 19, is seeking to have the respondents committed for commenting and causing to be published, in Stabroek News of June 17, 2010, a report headlined ‘Slowe shocked at dismissal of Mc Bean’.
Ramson is contending that the publication is calculated to and does effectively obstruct, interfere with and/or improperly prejudice the administration of justice in action number 477–W of 2009, currently pending before the Court.
The applicant is also asking that the publisher and Persaud, by themselves, their servants or agents or otherwise, howsoever, be restrained until after judgment in the case from further publishing or causing or permitting to be published any article or editorial containing any discussion of the merits of the case.
The affidavit in support of the notice of motion was made by Colin Croal, Permanent Secretary in the Ministry of Legal Affairs.
According to him, in action number 477–W of 2009, filed on or about October 16, 2009, the plaintiff, Simon Mc Bean claimed, inter alia, against the Police Service Commission (PSC) and the applicant, who were defendants, a declaration that the PSC’s   dismissal of him, as a member of the Guyana Police Force (GPF), is unlawful, unconstitutional, in excess of its jurisdiction, null and void and the case is currently engaging the attention of a High Court judge.
Croal attested: “The Police Service Commission is a constitutional body vested with power to make appointments in the public offices within the Guyana Police Force and to remove and exercise disciplinary control over persons holding or acting in such offices.
He said the defendants, in their pleadings, alleged that Mc Bean, without lawful excuse, abandoned his post and/or withdrew from the GPF, by virtue of his continuous unauthorised absence and stood dismissed by operation of the rules and regulations governing the GPF.
“I am advised, by the applicant herein and do verily believe that it is unlawful, inappropriate and improper to comment on matters which are sub judice and constitute a contempt of Court,” Croal stated.

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