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timelapse wrote:It is not TTPS responsibility for fixing crime Criminals must fix themselves.
[UPDATED] PEP's Phillip Alexander loses appeal in Udecott defamation lawsuit
File photo: PEP political leader Phillip Edward Alexander.
THE PROGRESSIVE Empowerment Party’s Phillip Edward Alexander will have to fork out more money for his unsuccessful appeal of a judge’s refusal to step aside from hearing a defamation claim against him.
Alexander had appealed the March 3 ruling of Justice Avason Quinlan-Williams, dismissing his recusal application, and ordering him to pay $137,038.75 in costs to the Urban Development Corporation (Udecott) for the failed application.
He also sought to have Udecott’s defamation claim against him struck out, but the judge dismissed this too.
At a previous appeal, the court ordered that a preliminary issue, to determine whether Udecott was a public body capable of suing a citizen for defamation, should be sent back to the judge for determination. In that ruling, the Appeal Court also left the issue of the quantum of costs to be decided by Quinlan-Williams, who ordered Alexander to pay $137,038.75. She also dismissed his recusal application.
At the appeal, it was argued that the judge, by making the cost order, pre-determined the preliminary issue. She was also accused of apparent bias.
Udecott’s lead attorney, Deborah Peake, SC, argued that the appeal was misconceived and frivolous and caused the hearing of the preliminary issue to be pushed back, as it was set for hearing last month.
On Monday, the Appeal Court dismissed Alexander’s appeal, saying it could not draw the conclusion of apparent bias, nor had Quinlan-Williams pre-determined the preliminary issue when she gave a figure for the cost order.
In an oral decision, Justices Vasheist Kokaram and Malcolm Holdip said ill-founded recusal applications should be discouraged as they can scandalise the administration of justice.
Kokaram said judges, in deciding if to step aside, must embark on a self-checking exercise to ensure that justice is done.
“The task of a judge is not to win a popularity contest,” he said, as he spoke of the role of attorneys in advising their clients.
In Alexander’s case, Kokaram, who delivered the ruling, said the judge did not pre-determine the preliminary issue of Udecott’s status. He also pointed out there was no appeal against the judge’s cost order and that Alexander’s attorneys were given a full hearing on Udecott’s presentation of their bill for costs.
“The underlying complaint is not that the judge was biased, but the court should not have made a cost order against him.”
Kokaram said “ill-founded challenges to the bench” should not be entertained. He also said the issue of costs was an important feature in civil litigation but had nothing to do with liability since there are various stages of such processes which can incur cost orders.
Alexander was represented by attorneys Matthew Gayle and Jason Jones.
Udecott has alleged Alexander defamed the company in a video posted on the PEP’s social media accounts in January 2020, during which the cost of the refurbishment of President’s House was discussed.
Udecott said the allegations made in the video were egregious, wholly unjustified, and malicious and brought the company and its employees into public ridicule, scandal, odium, contempt, and disrepute.
Also representing Udecott is attorney Ravi Heffes-Doon.
In response to the court's ruling, Alexander said although the Appeal Court made the point that the appeals process was an avenue that kept the justice system working, it "overlooked the fact that the threat of excessive costs undermined that safeguard."
He pointed out that the substantive matter had not yet been determined.
He said, any decision, going forward, on his part, will not be based "on the pursuit of justice or the people’s right to know, but on if I could afford the risk, especially when one factors in the arms race of senior and junior counsel fees employed by the State."The heart of the matter remains: can a state company sue a citizen for defamation in the process of exposing potential wrongdoing?
"Allowing that is to turn the shield of the defamation statute into a sword and give the State the power to silence enquiry through the threats outlined above. The crux of this matter is hinged on that issue, and all others should be stopped and that made a matter of urgent national importance again, if what we want is justice."
https://newsday.co.tt/2022/06/06/peps-phillip-alexander-loses-appeal-in-udecott-defamation-lawsuit/
The_Honourable wrote:If he appeals to the Privy Council, and wins, it reinforces the idea why persons have more trust in the PC than our local courts.
AbstractPoetic wrote:The_Honourable wrote:If he appeals to the Privy Council, and wins, it reinforces the idea why persons have more trust in the PC than our local courts.
That's why they want to rid of PC entirely.
timelapse wrote:Take note from the police service, license office and other places.Absolute power corrupts absolutely
RedVEVO wrote:AbstractPoetic wrote:The_Honourable wrote:If he appeals to the Privy Council, and wins, it reinforces the idea why persons have more trust in the PC than our local courts.
That's why they want to rid of PC entirely.
Yup correct
"The heart of the matter remains: can a state company sue a citizen for defamation in the process of exposing potential wrongdoing?"
The PC will have to decide .
K74T wrote:How David so dotish so
X1000timelapse wrote:What I would like to see is a PEP list of things to be done if they are in power.So far I only seeing them being a shadow opposition.What are their intentions? Here are my questions,take note PEP influencers, smash,AP and company...
Are they going to pursue constitutional reform?We have many laws that are relics of the past for example: Police powers, ridiculous laws in the summary offenses act among others,rights of citizens, anti-gang laws, animal rights laws ,etc.
Are they going to fix public transportation issues? Fuel prices are going up.While PNM jackarses bray about international prices of fuel, they fail to mention that foreign countries have a reliable public transportation system.I not talking about pie in the sky rapid rail and whatnot,a reliable bus system and better road network will suffice.The small rural buses were a good start.It has completely eliminated the ph drivers by me ,who have been motivated to find better employment.
Are they going to get stricter on environmental preservation, or fcuk it up more?
Lastly, what are their plans for food security? If they have ideas, say so.Dont make it a political waiting game.Bring your ideas to the table before it is too late.If PNM implements it, count it as a win, for the people of T&T and commend yourself.
PNM is party first
UNC is financers first
Be the party that is PEOPLE first.
If anyone that represents PEP can answer those questions, it will be most appreciated.
timelapse wrote:What I would like to see is a PEP list of things to be done if they are in power.So far I only seeing them being a shadow opposition.What are their intentions? Here are my questions,take note PEP influencers, smash,AP and company...
Are they going to pursue constitutional reform?We have many laws that are relics of the past for example: Police powers, ridiculous laws in the summary offenses act among others,rights of citizens, anti-gang laws, animal rights laws ,etc.
Are they going to fix public transportation issues? Fuel prices are going up.While PNM jackarses bray about international prices of fuel, they fail to mention that foreign countries have a reliable public transportation system.I not talking about pie in the sky rapid rail and whatnot,a reliable bus system and better road network will suffice.The small rural buses were a good start.It has completely eliminated the ph drivers by me ,who have been motivated to find better employment.
Are they going to get stricter on environmental preservation, or fcuk it up more?
Lastly, what are their plans for food security? If they have ideas, say so.Dont make it a political waiting game.Bring your ideas to the table before it is too late.If PNM implements it, count it as a win, for the people of T&T and commend yourself.
PNM is party first
UNC is financers first
Be the party that is PEOPLE first.
If anyone that represents PEP can answer those questions, it will be most appreciated.
sMASH wrote:Those concerns have been the subject of Phillips vids for years now... Long before covee.
They see the laws need updating badd badd, for the very same reasons.
They did not address changing police laws directly, but have said that police roles, responsibilities, powers all need to be changed to suit the modern Era. Many things police doz that social workers need to do instead of, and quite frankly police are not equipped to do.
They have had meetings with the taxi drivers association, AND independent transport association (yes, PH drivers has an association... Smh), to get messures to improve the safety of passengers since the Andrea bharat incident.
They have at that time said that the pH situation is not ideal, and the drivers need regularization either by becoming registered taxis, or revamp of the taxi system outright.
{I personally think and have suggested that taxis system transform to more of an Uber system for registration, so that passengers can verify the drivers.}
They say, when they are in power, the system will have to change, but with consultation with both groups, for the safety of the COMMUTING PUBLIC.
Food production, thst is their primary objective, to give farmers regulsrized plots to be able to secure funding to enhance their business.
Give potential farmers the opportunities to get into the business(which the govt has adopted, but pep suggested it first).
And to improve security from pilferage, where all farmers need to be registered.
This is not to have the farmers badge to secure discount, this is for the security of proof of ownership or valid possession of goods.
I disagree with the registering thing, I prefer all farmers be given FULs to protect their land, and be encouraged to live on the land they plant.
Water, they will decentralize water capture, treatment and distribution, so that u will not need to be paying desall so much money when we have so much fresh water we get flood out.
j.o.e wrote:sMASH wrote:Those concerns have been the subject of Phillips vids for years now... Long before covee.
They see the laws need updating badd badd, for the very same reasons.
They did not address changing police laws directly, but have said that police roles, responsibilities, powers all need to be changed to suit the modern Era. Many things police doz that social workers need to do instead of, and quite frankly police are not equipped to do.
They have had meetings with the taxi drivers association, AND independent transport association (yes, PH drivers has an association... Smh), to get messures to improve the safety of passengers since the Andrea bharat incident.
They have at that time said that the pH situation is not ideal, and the drivers need regularization either by becoming registered taxis, or revamp of the taxi system outright.
{I personally think and have suggested that taxis system transform to more of an Uber system for registration, so that passengers can verify the drivers.}
They say, when they are in power, the system will have to change, but with consultation with both groups, for the safety of the COMMUTING PUBLIC.
Food production, thst is their primary objective, to give farmers regulsrized plots to be able to secure funding to enhance their business.
Give potential farmers the opportunities to get into the business(which the govt has adopted, but pep suggested it first).
And to improve security from pilferage, where all farmers need to be registered.
This is not to have the farmers badge to secure discount, this is for the security of proof of ownership or valid possession of goods.
I disagree with the registering thing, I prefer all farmers be given FULs to protect their land, and be encouraged to live on the land they plant.
Water, they will decentralize water capture, treatment and distribution, so that u will not need to be paying desall so much money when we have so much fresh water we get flood out.
His plan for decentralization of water treatment was a failure tho. Some of those things make no sense. Challenged him in it and as usual he backed off and deflected
As with most rumshop debatersj.o.e wrote:sMASH wrote:Those concerns have been the subject of Phillips vids for years now... Long before covee.
They see the laws need updating badd badd, for the very same reasons.
They did not address changing police laws directly, but have said that police roles, responsibilities, powers all need to be changed to suit the modern Era. Many things police doz that social workers need to do instead of, and quite frankly police are not equipped to do.
They have had meetings with the taxi drivers association, AND independent transport association (yes, PH drivers has an association... Smh), to get messures to improve the safety of passengers since the Andrea bharat incident.
They have at that time said that the pH situation is not ideal, and the drivers need regularization either by becoming registered taxis, or revamp of the taxi system outright.
{I personally think and have suggested that taxis system transform to more of an Uber system for registration, so that passengers can verify the drivers.}
They say, when they are in power, the system will have to change, but with consultation with both groups, for the safety of the COMMUTING PUBLIC.
Food production, thst is their primary objective, to give farmers regulsrized plots to be able to secure funding to enhance their business.
Give potential farmers the opportunities to get into the business(which the govt has adopted, but pep suggested it first).
And to improve security from pilferage, where all farmers need to be registered.
This is not to have the farmers badge to secure discount, this is for the security of proof of ownership or valid possession of goods.
I disagree with the registering thing, I prefer all farmers be given FULs to protect their land, and be encouraged to live on the land they plant.
Water, they will decentralize water capture, treatment and distribution, so that u will not need to be paying desall so much money when we have so much fresh water we get flood out.
His plan for decentralization of water treatment was a failure tho. Some of those things make no sense. Challenged him in it and as usual he backed off and deflected
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