ACB counsel to provide court with legal authorities
SENIOR Counsel Ashton Chase, representing the Advisory Committee on Broadcasting (ACB) in the matter concerning the suspension of the broadcast licence for CNS Channel Six, is to forward legal authorities to the court to justify the ACB’s contention that the applicants’ originating notice of motion was misconceived and ought to be dismissed. When the matter was called up for hearing before Acting Chief Justice Mr. Ian Chang, S.C., on Monday,  Mr. Ashton Chase presented to the court the ACB’s affidavit in answer to the originating notice of motion filed by the owners of CNS Channel Six, alleging that the originating notice of motion was misconceived and invalid, and was not in conformity with the rules of the court.
Senior Counsel Ashton Chase was granted leave to forward legal authorities in support of his contention in the ACB’s affidavit in answer, and he promised to do so by Monday, when the hearing of the originating notice of motion will continue before Chief Justice Chang.
In the meantime, the court has directed that the hearing of the conservatory orders prayed for be adjourned sine die until determination of the hearing of the originating notice of motion, currently before the court.
According to the affidavit in answer, “That action and inaction of the applicants speak for themselves, and leave a great deal to be desired. First, there is unequivocal and irrevocable admission by them that the broadcast in issue was in default of the regulations, and was offensive and contrary to law.

Apology was offered, they stated, but this does not remove or wipe out the default. Secondly, although the default was committed on May 4th 2011, they did not become aware of it until approximately a week later, when their attention was drawn thereto.  Although claimed to be inadvertent, the damage was already done, and it was at or about the end of the said week that an apology was tendered by the CNS Channel 6.
“The apology was an admission of a wrong, and it is apparent that whatever they may say about the Advisory Committee on Broadcasting, it acted correctly and properly, which, by their own admission, they were not committing a breach of the regulations for the first time.
It was respectfully prayed that the relief sought in the summons herein be not granted against the No. 2 to No. 4 respondents, in view of the foregoing; and that the said summons be dismissed.
The affidavit was drawn on the instructions of Mr. Evan Persaud in his capacity as a member of the Advisory Committee on Broadcasting, by his Attorney-at-law, Mr. Ashton Chase, S.C.