Attorneys for the contractors in the civil suit involving the Estate Management and Business Development Co Ltd (EMBD) have written to the court asking that it not publish the judgment on August 6 because of the August 10 general election.
The letter is dated July 31 addressed to Justice James Aboud and signed by Karina Singh of Fortis Chambers. Singh is the instructing attorney for Kiel Taklalsingh and Jagdeo Singh and Senior Counsel Ramesh Lawrence Maharaj. Maharaj is the lead counsel for TN Ramnath and Company and Motilal Ramhit and Sons, Fides Limited, the defendants against whom EMBD filed the civil suit.
The EMBD also filed a suit against Roodal Moonilal.
“The purpose of this letter is to ask His Lordship to reconsider the date fixed for the delivery of the judgment having regard to the wide publicity given concerning the merits of the weakness of the above-mentioned claims and counter-claims,” Singh stated.
“The political arm of the Government made strong and inflammatory public statements about the strength of the case of the EMBD. Similarly the political arm of the Opposition had made strong and inflammatory public statements about the weaknesses of the case of EMBD,” the letter stated.
“It is in that context that the court may wish to consider postponing the delivery of the judgment to a few days after the date fixed for the general election on 10th August, 2020. This is because the delivery of the judgment prior to the election date, whichever side succeeds in the applications before the court is likely to bring the administration of justice into political controversy,” the letter stated.
The letter referred to several newspaper articles which had been published recently on the EMBD matter, suggesting that given the intense and inflammatory views expressed by politicians in the Government and Opposition on the claims and counter-claims, the “court may wish to consider that the interest of justice demands that the judgment be postponed to a date after the general election.
“The court may wish to consider that in the circumstances, whichever way the court decides, there can be baseless public perceptions that the court has taken the side of one of the political parties,” the letter stated.