Dear Editor,
I refer to your paper’s lead story titled: “Appeal court rejects Jagdeo’s latest bid to avoid paying judgment to Ferguson – damages to be set at new hearing” (SN Sept 5th) – and wish to comment as follows: This case is about information Jagdeo might have received in 2019 and something he might have said relating to Minister Ferguson allegedly receiving property improperly. The readers of SN have no facts of the case because there had never been a trial. The only information available is that Jagdeo received notice from the plaintiff’s lawyer about a claim for defamation, did not file legal responses on time – and this led to a multimillion-dollar default judgment. Jagdeo eventually responded to the legal action.
As a citizen of Guyana, curious about matters involving jurisprudence, I ask: Is it not normal for a default judgment to be set aside and there be a full, free and open trial of the legal issues involved? What we are reading is that the failure of a respondent to file responses on time is like a violation of an iron law. Absolutely no excuses. You must abide by the default judgment. The respondent is punished for his tardiness/sloppiness – and something vital is lost. The State’s interest is to know and resolve, judicially, the actual issues of the defamation case.
I once faced a similar event in New York. Default judgment entered. I showed up, asked to pay a bond for failure to show up in court on the designated date, and a new date was given for a hearing. I had been advised: If I lose the case the bond is forfeited as a penalty, and I would also have to pay the fine. The point I raise is an important principle of jurisprudence in free societies. I would urge the Chancellor of the Judiciary to intervene in this matter, not in the legal issues of the case but on the rule-setting matter to make sure all citizens are given a free and fair trial as guaranteed by constitutions in all free societies (democracies).
I’d like to conclude this letter with this query. There had been a popular law school textbook used in American law schools in the 1980s with a frontispiece picture of a low wooden one room courthouse in Tobago. It bore the caption: “Can Tobago rule the world?” I have always wondered as to how folks in the Judiciary and in the legal fraternity interpret this caption. Please feel free to post your comment below this letter on the online edition of the SN.
Sincerely,
Mike Persaud
