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.