Why is PM pursuing the appointment of a receiver? – Kay Bacchus-Browne
Lawyer Kay Bacchus-Browne would like to know if Prime Minister Dr Ralph Gonsalves wants the money awarded him from a defamation suit, or if his objective is to interfere with the operations of Nice Radio.{{more}}
Bacchus-Browne asked the question on Wednesday during an interview with SEARCHLIGHT.
The lawyer also said the Save Nice Radio appeal had already raised the $180,000, which the court last week ordered should be paid within one day to Gonsalves.
Bacchus-Browne is one of the two individuals, who in October 2012, initiated the effort to raise the full $250,000 which the court awarded the prime minister in a defamation case he brought against BDS Ltd, owners of Nice Radio, in 2002.
The lawyer said the appeal was launched to get the money to pay the prime minister, so that there would be no need to appoint a receiver for BDS Ltd.
Last week, on January 30, at the High Court, Master V. Georgis Taylor-Alexander ordered that lawyers for BDS Ltd deliver to Grahame Bollers, lawyer for the prime minister, the $180,000 by 10 a.m. on January 31.
âI have not seen any order. Iâve been told of a draft order and Iâve been told that monies are in possession of BDS.
âThe money is not in the possession of BDS,â Bacchus-Browne told SEARCHLIGHT on Wednesday.
Bacchus-Browne said she spoke with the prime minister in December about the money being raised, with the understanding that no receiver would be appointed.
She said he told her then, that he would speak to his lawyer and get back to them.
âSo, I do not understand about an order being made to pay money and a receiver is appointed. And in any event, we have substantially raised enough money to cover the entire judgment that was ordered.
âWhy is the PM pursuing the appointment of a receiver, despite the discussion he had with me? If he is getting his money, why would he want to have a receiver appointed?
âIs it the money he wants, or is it to interfere with the running of NICE Radio? I donât understand it!â Bacchus-Browne said.
The veteran lawyer said the response from the public to the appeal has been overwhelming.
âThe public is on the side of NICE Radio.
âWe went out and appealed to the public. Many, many persons who are hardly making one twentieth of the Prime Ministerâs salary donated money under the understanding that NICE Radio will operate as usual and they were prepared to pay money from their pocket so that the prime minister can get his judgment.
âI do not know what is the purpose of appointing a receiver when you are getting the full judgment. Iâve never heard of any case anywhere in the world,â Bacchus-Browne said.
However, Prime Minister Gonsalves told SEARCHLIGHT on Wednesday night that while he had spoken to Browne, there was no agreement to not have a receiver put in place.
âShe raised the issue with me, and I said Iâll talk to my lawyer and my lawyer will get back to them.
âAll I want to do is to get the judgment debt paid, thatâs all,â Gonsalves said.
âKay Bacchus is putting a spin on a conversation she had with me, which is at odds. She spoke to me about it and I said, I donât know and I will talk to my lawyer and he will get back to her.
âAnd my lawyer got back to her and he proceeded with the receivership,â Gonsalves added.
The Prime Minister said the payment of the debt is taking too long.
âWe want the fruit of the judgment. I said to her, you have the money, why donât you just pay it over. She said no, she is not paying over any money whilst there is an application for a receiver.
âBut clearly, the money (the $180,000) is not the full extent of the judgment debt. This matter has been going on since 2002. I want the fruits of my judgment,â Gonsalves declared.
He further stated that the court is âquite rightâ with the decision that BDS Ltd should pay the $180,000 and the balance will be dealt with by the appointed receivers.
âI have no interest in interfering in their radio station. I said that before.
âAll she has to do is pay over the money. She has collected the money to pay to me and she has not paid it over, thatâs the simple thing.â
The money ordered paid was in relation to a defamation suit filed between 2002 and 2003 against Elwardo âE.G.â Lynch, then host of the New Democratic Partyâs New Times radio programme, and BDS Limited, owners of Nice Radio, after Lynch made comments about the financing of a trip to Rome for some members of Gonsalvesâ family.
In July 2011, after all appeals had been exhausted, Lynch and BDS Ltd were ordered by the Court of Appeal to pay the prime minister damages of $140,000, plus $20,000 costs at the High Court, the cost in the Court of Appeal of $20,000 and five per cent interest from the 2008 date of assessment. (AA)
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