(Trinidad Express) Calypsonian Weston Rawlins (Cro Cro) has been banned from singing lines of his 2023 calypso “Another Sat is Outside Again” which are alleged to be defamatory towards businessman Ishan Ishmael.
During an emergency hearing Saturday afternoon before Justice Frank Seepersad, it was ordered that the lines be deleted.
Rawlins, a former calypso monarch, advertised his show for Naparima Bowl, San Fernando on Saturday night and Government Plaza in Port of Spain on Sunday.
Seepersad said Rawlins was no “one hit wonder” and fans will enjoy his performance even if he does not perform the 2023 calypso.
The judge said there will be greater risk to injustice in refusing to grant the injunctive relief and said, “The defendant shall be restrained from performing his calypso ‘Another Sat is Outside Again” unless the imputed offending portions of same are deleted.”
He however said that if Rawlins wanted to re-write the song before his performances, it was up to him. “He has a creative licence, what he is not permitted to do is to continue with the dissemination of the song in the form which has been brought before the court and to which issue has been taken.”
The judge warned that a no tolerance approach will be engaged if there is violation of the court order which will continue until the trial or until further ordered.
He added that, “The court holds the view that there is a serious issue to be tried and it cannot be said, at this stage, that the claimant’s case is doomed to fail or that it is unlikely that he would succeed at the trial.”
During the hearing, Seepersad reviewed the law and also gave the attorneys in the matter the opportunity to make submissions.
Ishmael’s attorney Nigel Trancoso who was instructed by attorney Richard Jaggasar, in court documents had petitioned the court for an injunction restraining Rawlins, his servants or agents from performing, redistributing, publishing or disseminating the song.
During the hearing, Trancoso called for the show to be stopped. He said there would be an assassination of his client’s name at the show.
Rawlins’s attorney Kareem Marcelle, instructing for senior counsel Gilbert Peterson, petitioned the court to allow for the freedom of expression and speech and to dismiss the matter. He also said the claimant’s attorneys had not satisfied the court that an injunction should be granted.