Vinpages 16 05 14 e reader

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FRIDAY,

MAY 16, 2014

VOLUME 108, No.20

Bacchus-Browne is representing former talk show ATTORNEY KAY BACCHUShost Matthew Thomas, the BROWNE has described as other defendant in the matter. “premature,” a notice served on But she told THE BDS Ltd, owners of ‘Nice Radio’, VINCENTIAN on Tuesday demanding that the company that BDS Ltd had contacted pay Prime Minister Dr. Ralph her for representation. Gonsalves $185,370.31, owed Bacchus-Browne pointed to him as of out that the Demand Notice May 9, was premature, based on an 2014. application that is before the High Court and which is yet to be heard. “I have asked the Court to set aside the root of the by HAYDN HUGGINS

assessment order. If that order goes, there will be no judgment against both defendants,” she explained. The Notice, dated May 9, 2014 and signed by Dr. Gonsalves’s lawyer Richard Williams of Williams and Williams, stated that Gonsalves demanded that the Company pay the debt or secure or compound it to the creditor’s satisfaction. The document stated that, “the demand must be dealt with within 21 days after its service upon the company, or a winding up order could be made in respect of the company. ”

Judgement against Thomas and BDS The monies, according to the document, are owed to Gonsalves by virtue of a decision of the High Court of Justice, February 10, 2012. The judgment accrues interest at the daily rate of $23.14. On February 10, 2012, a Court order was made where it was assessed that Thomas and BDS Ltd pay Gonsalves $155,000 in damages, prescribed costs of $11,625 and interest on the judgment debt of five percent from the date Left: Matthew of assessment. Thomas was The decision found guilty of stemmed from legal defaming his action Gonsalves had former colleague, taken against Thomas Dr. Ralph and BDS Ltd for Gonsalves. defamation, in relation

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EC$1.50

to comments Thomas had made on ‘Nice Radio’.

Application for rule to be set aside Kay Bacchus-Browne, attorney for Matthew Thomas, Bacchus-Browne told THE said that she had asked the VINCENTIAN that she filed Court to set aside the root of an application January 15 this the assessment. year, for the ruling of the court in November 2009 to be application to be denied. set aside. “They (lawyers) are saying The court had ruled then that the assessment order to that Thomas and BDS Ltd are pay the money was not liable to the claimant for appealed. My application is let damages to be assessed. the court decide,” she Bacchus-Browne said her explained. application was made on the grounds that the ruling was Continued on Page 3. irregularly obtained and ought to be set aside, and that all enforcement proceedings be stayed until the application is dealt with. According to BacchusBrowne, “the law is that the court should not give summary judgements for defamation proceedings.” She noted that the matter had not gone through a trial in which Gonsalves was subject to cross-examination. “I call it summary judgement. They (Gonsalves’s lawyers) may argue and say it is not summary judgement, but let the court decide,” Bacchus-Browne contended. Douglas De Freitas, principal of BDS, owners and operators of She noted that Nice Radio, had also been Gonsalves’s lawyers have put in an affidavit sworn to found liable in the matter of defamation of the Prime by Gonsalves, for her Minister.


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