Mc Kay wants 3 G.C.C. members committed to prison
IN a Motion filed in the Supreme Court Registry yesterday, Senior Counsel  Mr. Rex  McKay is asking  the Court  to commit three G.C.C. members  to prison for Contempt of Court for defying  a Judge’s Order in relation to nuisance.
The three members of the Georgetown Cricket Club who are to appear before a High Court judge on Monday, are Ramsay Ali, Lionel Jaikaran and Jameel Baksh.
Senior Counsel, Mr. Rex Mc Kay, is a life member of the Georgetown   Cricket Club and resides at 93 Upper Robb Street, Bourda, approximately 50 yards west of the G.C.C.
On March 30, 2009, Mc Kay filed an action for nuisance by the defendants, Paul Chan-A-Sue, Harold Dhanraj, Afzaj Khan, Harry Parmessar,  Phillip Fernandes, Bishwa Panday, Stephen Backer and Ramsay Ali, consenting to and permitting unreasonable and excessive noise by music and vocals generated continuously through electronically amplified  speaker on the G.C. C. Ground, Bourda, Georgetown, between 9 p.m. of the 23rd and 4 a.m. on the 24th February, 2009, causing interference with the  plaintiff’s comfortable and convenient enjoyment at his home.
Mr. Mc Kay is also claiming an injunction to restrain the defendants from consenting to or permitting unreasonable and excessive noise, by music and vocals being generated  continuously through electronically amplified speakers on the G.C.C. Ground, Bourda between 11.00  p.m. of one day and 4 00 a.m. the next morning.
In his affidavit in support of Motion, the plaintiff  says that  Madame Justice Dawn Gregory, after an inter partes hearing by Attorneys-at-law for the plaintiff and for the defendants, ordered that the interim injunction granted by Justice William Ramlal in Chambers on the 30th March, 2009, be continued until the hearing and determination of this action.
The Plaintiff is saying that Ramsay Ali, by consenting to permit the said musical event to be held on the 23rd February, on the GCC ground, has set the Court at defiance and is guilty of contempt of Court in disobeying the said injunction order made by Madame Justice Dawn Gregory-Barnes.
Mc Kay said that Lionel Jaikaran and Jameel Baksh, though not being parties to the action herein, and not being named in the said injunction  order of the 7th April 2009, had knowledge of the terms of the said  Order of Court and by consenting to permit the said musical event to be held on the 23rd February, 2010, on the GCC Ground,were guilty of contempt of Court in interfering with and obstructing the course of justice by willfully and contumaciously aiding and abetting and inciting in the breach of the said order of Madame Justice Dawn Gregory-Barnes made on the 7th April 2010.
Leading counsel for Mr. Rex Mc Kay is Mr. Fitz Peters, a former Solicitor General.