Front Page
May 6, 2005


The nation still awaits the ruling by Chief Magistrate Simone Churaman in the E.G. Lynch trial.

The ruling on this matter in which the talk show host is charged with “publishing a false statement likely to cause alarm” will come, according to Churaman “as soon as possible.” {{more}}

She however told the accused Lynch that he would be recalled for the ruling, which could come either before or after the constitutional motion filed by his defence lawyer is heard.

Chief Magistrate Churaman’s statements came last week Friday after Dr. Linton Lewis, representing the popular 58-year-old talk show host Elwardo Lynch, had presented his final arguments.

Lynch’s charges stemmed from a political meeting at Sion Hill on March 4. He is charged under Section 64 (1) of the Criminal Code which states that anyone who publishes any false statement, rumour or report which is likely to cause fear or alarm, or to disturb the public peace if guilty of an offence and is liable to imprisonment for one year.

Interestingly section 64 (2) states that it is a defence to a charge under section 64 (1) if the defendant can prove that he too steps to check the story before.

Acting Director of Public Prosecutions Colin Williams contended that Lynch had a charge to answer, while defense lawyer Dr. Linton Lewis posited the view that “every step was taken by Mr. Lynch to ascertain the accuracy of the statement.’

Lewis, also a trained accountant, and former Windwards Islands top order batsman, added that “even if the statements were false, Mr. Lynch has a defence.’

Dr. Lewis bemoaned the fact that persons called to give evidence in the trial were never trained, and that none of the 1,000 persons or so at the political meeting went home and showed no tendency of being alarmed. The lawyer’s presentations came in an atmosphere overwhelmed with political overtones. Access to the Serious Crimes Court was denied to most of the public, many of whom had assembled in the precincts of the court clad in symbolic black, responding to a call by Lynch on his NDP-sponsored New Times radio programme.

Chief Magistrate Churaman pointed out that the matter was sub judice, and warned about reporting on the matter.

After the court was adjourned crowds mobbed the popular political party activist and Talk Show host in an act of hero-worshipping. They uttered shouts of disapproval with the administration of justice and perceived efforts to silence their spokesman.