Hearing of Rex Mc Kay’s contempt Motion set for August 18

JUSTICE Dianne Insanally will begin hearing a Contempt Motion on August 18 in which the Plaintiff, Mr. Rex Mc Kay, S.C., is asking the Court to send to prison three members of the Executive Committee of the Georgetown Cricket Club for contempt of court.

In his Notice of Motion for  Committal for contempt,  Mr. Mc Kay is asking the judge for an order that Ramsay Ali be committed to prison for his Contempt of  Court in disobeying the Order of the Honourable Madam Justice Dawn Gregory made herein on the  7th  April, 2009; and secondly, that Lionel Jaikaran and Jameel Baksh be committed to prison for their contempt of Court for interfering  with and obstructing  the course of justice  by willfully and contumaciously aiding  and abetting  and inciting the breach of the said  Order  of the Honourable Madam Justice Dawn Gregory.
The grounds in support of the application are:
(1)   On the 30th  March, 2009 the plaintiff filed  Action No. 138-W of 2009 for nuisance by the defendants consenting to and permitting unreasonable  and excessive noise  by music  and vocals generated  continuously  through electronically  amplified speakers  on the G.C.C.  ground, Bourda,  Georgetown,  between 9:00 pm  of the 23rd   nd 4: 00 am on the 24th February ,2009, causing interference  with the  plaintiff’s  comfortable and convenient  enjoyment of his home, at Robb Street. Bourda.

(2)     The plaintiff also claimed an injunction to restrain the defendants by themselves , their servants or agents  or otherwise , whomsoever, howsoever 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.
On the 30th  March, 2009, the Hon. Justice William Ramlal granted the said  ex parte application for interim injunction.
On  the 7th  day of April, 2009 , Justice Dawn Gregory , after an inter- parte hearing by Attorneys-at-law  for the plaintiff and for the defendants ordered that the interim injunction  granted by Justice Ramlal on the 30th March,  2009,  be continued  until  the hearing and determination of this action.
In his affidavit in support of the Motion, Mr. Mc Kay, represented by Attorney-at-Law, Mr.  Fitz Peters, said he is a ‘life member’  of the Georgetown Cricket Club and resided at lot 93 Upper  Robb Street,  Bourda, approximately 50  yards west of the Georgetown Cricket Club.
Mc Kay said that notwithstanding  the terms of the said injunction order of the Honourable judge, the said  Lionel Jaikaran, Ramsay Ali and Jameel Baksh each consented to rent and permit a promoter to hold a musical event  on the G.C.C.  ground on the  23rd   February, 2010, at which they knew  unreasonable and excessive noise by music and vocal would be generated   continuously through electronically  amplified  speakers on the G.C.C. ground (after)  9: 00 pm  of the 23rd  February , 2010 which caused undue interference with the plaintiff’s comfortable and convenient  enjoyment of his home.
The said Ramsay Ali, by consenting to permit the said musical event to be held on the 23rd  February, 2010 on the G.C.C.  ground has set the Court at defiance and is guilty of contempt of court in disobeying the said injunction order made by the Honourable Madam Justice Dawn Gregory, the Plaintiff has said in his affidavit in support.

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