– says shutting down Channel 6 for four-months  unlawful
OWNERS of TV Station Channel 6, CN Sharma and Savitree Singh…who had their operating licence on the recommendation of the Advisory Committee on, Broadcasting suspended by the former President for 4 months, and confirmed by Acting Chief Justice, Ian Chang, have appealed. They are contending though their counsel, Rex Mc Kay, S.C., Neil A. Boston and Christopher Ram, that the Chief Justice’s decision was erroneous in law.
In their Notice of Appeal which was filed in the Supreme Court Registry, the (Applicants) Appellants being  dissatisfied with the  decision, more particularly stated in  paragraph 2 hereof of the High Court of the Supreme Court of Judicature contained in the judgment of the Honourable Chief Justice (ag.) Mr. Ian Chang dated May 2, 2012; in action No. 1 –M of 2011 doth hereby appeal to the Court of Appeal upon the grounds set out in paragraph 3 and will at the hearing of the Appeal seek the relief set out in paragraph 4.
The grounds of appeal are the decision of the learned Chief Justice was erroneous in point of law in as much as:

1 He wrongly applied the doctrine of “officer de facto” to the members of the Advisory Committee on Broadcasting (ACB) (Evan Persaud, Norman Mc Lean and Ronald Case) who were not persons knowledgeable and with recognised competence in matters relating to Broadcasting” and were appointed in breach of Regulation 23 A and B (1) and (2) Regulations 2011 (the Regulation)

2 By holding that the recommendation of the ACB to the President qua Minister of Information to suspend the applicants Television Broadcast License was legally valid

3 By holding the challenge to the appointments of the said members was not maintainable as a collateral challenge in the said proceedings;

4 By holding that the defendants had no ‘right’ which was just cable under Article 144 (8) (9) of the Constitution.

5 The relief sought from the Court of Appeal is that the decision of the learned trial judge be set aside and or reversed and that the Order or rule Nisi of Certiorari granted herein on  October 27, 2011, be made absolute.