In a letter to Justice Navindra Singh, before whom his $2.6 billion libel suit is fixed for trial, former President David Granger stated that he did not want Justice Singh to conduct a pre-trial review (PTR) into the matter, and to also not preside over the trial.
At a hearing yesterday morning, Justice Singh said that while in accordance with the Civil Procedure Rules (CPR) he could understand why the Claimant is objecting to him conducting the PTR, no basis had been provided for why he should not conduct the trial.
Following discussions with Senior Counsel Roysdale Forde SC who represents Granger and other counsel in the matter, however, the decision was taken that the PTR would be waived in accordance with the CPR, as the issues which were identified to be canvassed under the PTR are properly to be resolved at trial.
The Judge pointed out that a PTR is really concerned with issues surrounding potential settlement and case management protocols, but that what had been identified as PTR issues in the claim, are really evidentiary issues which are properly to be resolved at trial.
With the PTR not needed, Justice Singh noted the Claimant’s request of not wanting him to preside over that would have been granted; but stated that he will next move on to hear the trial which has been set for later this year—September 19th and 20th.
In light of the waiver, Forde said that he had no comment, but sought to emphasize that once the trial commences, caution should be exercised to ensure that no issue which would properly fall for consideration under a PTR, be dealt with during the trial.
Relying on the provisions of the CPR, however, Justice Singh was keen on pointing out that issues regarding the admissibility of evidence are for trial and not a PTR.
It had been pointed out by the Court that if there is no PTR, then there will be no basis for a request that the Judge should not preside over the trial.
Part 38:01 (1) of the CPR states that a “Pre-Trial Review is intended to encourage a settlement prior to trial, assist in identifying or narrowing the actual issues for trial, and deal with any outstanding issues before trial, and no further Case Management Conferences must be held after a Pre-Trial Review unless the Court orders otherwise.”
Subsection (5) of Part 38 then goes on to state, “The Judge who conducts the Pre-Trial Review must not, where practicable, be the Case Management Judge or preside at the trial, unless the parties agree and file a Consent (Form 10B) to the same effect.”
The succeeding subsection then goes on to provide for the waiver. It states, “The Court may at any time, on its own initiative or upon application, direct that a Pre-Trial Review be waived or another Pre-Trial Review be held.”
Granger has filed a $2.6 billion lawsuit against dailies—Stabroek News, Kaieteur News and the Guyana Times, which he says have all besmirched his character through letters published by communications specialist Christopher ‘Kit’ Nascimento.
In his action, Granger said that Nascimento accuses him of attempting to defy the will of the people in the March 2nd, 2020 Elections.
The former president has said that the statements, which he described as libellous by Nascimento, were published by the Guyana Times on May 23rd of 2020, both in its print and online versions.
He is seeking in excess of $100 million jointly and severally against the Guyana Times and its Editor-in-Chief Tusika Martin.
He then seeks damages in excess of $50 million against Nascimento whom he said also libeled him on June 5th, 2020, through the online news platform INEWS.
Against the Kaieteur News, Granger is asking for damages in excess of $100 million jointly and severally against owner/publisher of the newspaper, Glenn Lall and its Editor-in-Chief Sharmain Grainger.
The Claimant deposes in his statement of claim that Nascimento on June 5th of 2020, libeled him through a certain publication by the Kaieteur News in its print and online editions.
Against the Stabroek News, the former president is seeking damages in excess of $100 million jointly and severally also, against the newspaper and its Editor-in-Chief Anand Persaud, which he said published letters written by Nascimento.
Granger said that on June 20th of 2020, the Stabroek News published a letter in its newspaper and on its website, written by Nascimento, titled `David Granger is without shame in continuing to defy the will of the people.’
In his 135-page suit, Granger goes on to reference a host of other letters published by the dailies in which he said Nascimento continued to libel him.
All together, the former president’s suit against Nascimento and the three newspapers is pegged at some $2.6 billion.
Through his attorney, the former president said that he never “encouraged and or supported efforts to move to the Courts inclusive of the Court of Appeal to deny the Chairman (of the Guyana Elections Commission-GECOM) of her authority to produce the elections results;” nor did he attempt to “remain in office as President to rule without any regard or care regardless of the consequences to the country.”
Among other things, the Claimant also denies that he has ever “used invented irregularities to claim a victory for himself as President and the APNU+AFC at the” election; or that he knew after the elections “that a majority of just under 16,000 Guyanese voted to elect the PPP/C,” from published Statements of Poll in the possession of his party.
