High Court drama
…threatens to sue if apology not published
Following up on threats made last week to sue two local newspapers, Attorney General Basil Williams has sent a lawyer’s letter to Guyana Times indicating that the company should make a monetary settlement within a week, or face legal proceedings for libel. 
The letter, dated March 29, 2017, is addressed to the publisher of the company, was sent by Attorneys-at-Law Michael Somersall and Hewley Griffith, and was received on Friday, March 31. Notably, one of the lawyers retained by the Attorney General, Somersall, is one of the six special prosecutors reserved by the State, and he has issued fiats to prosecute a number of high profile matters being pursued by the Coalition Government.
The lawyer’s letter referred to an article published on page 14 of the Guyana Times of Friday, March 24, 2017 under the headline “Judge walks off after threats from AG Williams”. That article, the attorneys say, contain certain libellous statements concerning their client. The article was written following an exchange between the Attorney General and High Court Judge Justice Franklin Holder on March 23. That exchange had caused the judge to storm out of the courtroom without adjourning the proceedings that were before him. 
The legal document sent to this publication contained snippets from the article, including: “the cross examination was coming to end, a frustrated Williams accused the Judge of not accurately recording the evidence, and Justice Holder took umbrage (at) the accusation…” and “…an angry Williams, in a loud tone of voice, repeated the accusation and the Judge again admonished him about the accusation and about his tone of voice…but Williams then blurted out loudly, “the last Magistrate who did that to me was later found dead””.
The AG’s lawyers contend that those words are clear imputations and references that his client engages in criminal activities and conduct, and that he is a person without character (and) integrity, and (is) unfit to hold any public office.
“You are fully aware that our client, Mr Williams, (is) the Honourable Attorney General of Guyana, Minister of Legal Affairs, Senior Counsel, Member of Parliament, Chairman of the People’s National Congress, his political party, and a prominent citizen in Guyana, the Caribbean and worldwide, and as a result of your aforesaid libel of our client, he (has) suffered humiliation, hurt and shame, and has been held up to public odium and ridicule both nationally and internationally…” the letter sent to Guyana Times outlined.
“…in the circumstances, therefore, unless you do pay him damages to be donated to a named charity for the aforesaid libel, sign a written apology and undertaking not to repeat the same libel or any similar defamatory statements of and concerning him in the future, we shall have no alternative than to commence, on his behalf, legal proceedings against you in the High Court of the Supreme Court of Judicature without any further notice, in order to vindicate his good name and character. You are given (7) seven days within which to effect a settlement in this claim, if you wish to do so, failing which a Writ will be filed against you in the High Court without further notice.”
This move by AG Williams comes on the heels of the incident between himself and the High Court Judge being looked into by the Judiciary. In fact, newly sworn-in acting Chancellor of the Judiciary, Justice Yonette Cummings-Edwards, had told this newspaper earlier this week that she is in receipt of information on the matter, and the issue is currently being “addressed”.
Moreover, President David Granger on Thursday told reporters that he has asked Williams to formally give a detailed explanation of what transpired, and he noted that the Attorney General has since submitted his explanation.
“The Attorney General has responded. I have asked for an explanation of the matters which were reported to me, and when I have that opportunity, I will respond to him and the Chancellor of the Judiciary,” he stated.
President Granger has indicated to reporters that he is confident the matter would be resolved after hearing from all the parties involved in the matter.
“You know (that) in law there is a principle of (hearing) the other side, so you mustn’t jump to conclusions. So I want to hear both sides. We’ve heard one side in the media, and I’ve asked the Attorney General for his side,” the Head of State noted.
The day after the incident, Justice Holder formally complained to the acting Chancellor of the Judiciary that he had abruptly walked out of the courtroom last Thursday because of statements made by the Attorney General. He quoted the AG as saying, “I could say what I want to say and however I want to say it. I have always been like that.”
The High Court judge said in his complaint that he felt disrespected by the Attorney General’s behaviour, and has called for an apology in open court.
However, Williams is holding out that he is not to be blamed for causing the High Court judge to walk out of the courtroom. He has also insisted that his comment was not a threat.
