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Freddie vs Jagdeo libel case…Dr Luncheon can’t equate ‘King Kong’ with Jagdeo

September 22, 2011 | By KNews | Filed Under News
Source - Kaieteur News

President Bharrat Jagdeo is an “ordinary” person and does not come with the coat of immunity the law confers on him in the libel case brought by the President against Kaieteur News columnist Freddie Kissoon, and the newspaper’s editor-in-chief and publishers.

This was the argument by attorney Nigel Hughes when the case continued yesterday before Justice Brassington Reynolds.

Dr Roger Luncheon, whom the President’s attorney told the court answers in “unique language” and is known for his “linguistic” expressions, was unable to identify President Jagdeo as the “King Kong” of Guyanese political folklore that Freddie Kissoon wrote about in the article that is at the centre of the libel suit.

Dr Luncheon – who is also Head of the Presidential Secretariat and Cabinet Secretary – is President Jagdeo’s chief witness in the case.

President Jagdeo is suing for $10 million, claiming that a column entitled “King Kong sent his goons to disrupt the conference” pointed to Jagdeo as “King Kong.” The President has claimed that the article suggests that he is a racist and that “by extension, the State and Government of Guyana, practise racism as an ideology, dogma, philosophy and policy.”

It was when the President’s lead attorney, Anil Nandlall, stood up on a point of objection and pleaded to the court that his client is “no ordinary” citizen” by virtue of him being the President and Commander-in-chief that the defense team protested.

Hughes, who is representing Kissoon, said that while the President enjoys immunity from prosecution, by virtue of him suing for libel, he has stepped out of that zone of protection that the law affords him and is therefore an “ordinary citizen” just like the defendants.

Justice Reynolds said that he would not pronounce on whether the President is barred from immunity in this case but would address it if the matter is brought before him at some point during the case.

Dr Luncheon faced questioning for an estimated three hours yesterday. Several of the questions directed at him were objected to by Nandlall who consistently agitated for relevance.

When it came to the specific article written by Freddie Kissoon, Dr Luncheon told the court that he could not identify President Jagdeo as the one who is referred to in the two mentions of “King Kong” in the article written by Kissoon.

The day’s proceedings began with attorney Hughes continuing to question Dr Luncheon on the “King Kong” character in Guyana’s political folklore, which he said on Tuesday, was used to identify President Forbes Burnham in the 1980s.

Dr Luncheon was asked if he knew one of the attributes of “King Kong” to be that he is an “unpleasant looking fella.”

“Not that I am aware of,” Dr Luncheon replied. He was then asked if he identified “King Kong” as being of the ilk of a “caveman.” Again, he replied that he was not aware of that.

The Cabinet Secretary was then asked if he knew of “King Kong” having “goons”. To this he said he was also not aware, but when questioned further identified “King Kong” as being a character known for violence.

He was then asked if he knew that in the folklore of King Kong if the creature is known to have characters in opposition to him.

This question brought Nandlall’s first agitated objection, saying he didn’t know much about folklore and didn’t know that Dr Luncheon had expansive knowledge of political folklore.

The Judge allowed the question and Dr Luncheon responded that he was not aware of this “adversarial” aspect of the King Kong character.

However, he later told the court that King Kong of the 1980s did have victims. Asked to name these, he said that the victims were political and civil organisations, and further detailed these to mean the People’s Progressive Party, the Working People’s Alliance, the Guyana Council of Churches, the Bar Association and others who received “King Kong type attention.”

Asked to say what this “King Kong type attention” was, Dr Luncheon defined this to mean aggression, public diatribe (which he later equated to being abused in public) and threats.

After this, Dr Luncheon was directed to Kissoon’s column and the two references to King Kong. Having being asked to read the article, Dr Luncheon concluded that Freddie Kissoon did not make any specific reference to any person in talking about “King Kong.”

“No specific individual is identified,” Dr Luncheon stated.

Dr Luncheon was asked if he accepted that Kissoon was an academic who does research, and that by norm, academics do research and make their own conclusions. Dr Luncheon agreed.

He further agreed that in the article in question, Kissoon wrote about his research finding, which in comparing the presidencies of Desmond Hoyte, Dr Cheddi Jagan, Janet Jagan and Bharrat Jagdeo, identified Jagdeo’s exercise of power as being driven by ideological racism. Dr Luncheon agreed that this is what he understood.

Dr Luncheon was then asked that of the presidencies that Kissoon compared, if it would be correct to say that it was only Jagdeo’s presidency that the head of every arm of the government – the legislature, judiciary and the executive – are headed by Indians.

Dr Luncheon said he did not have that information in his possession. Attorney Hughes then sought to point out the heads of various arms of the government during the presidents under consideration, but in most cases Dr Luncheon could not answer authoritatively.

“The chronology escapes me,” he said.
Another point that saw extensive questioning was the construction of the Berbice River Bridge.

Dr Luncheon was first asked if he agreed that there would be an economic impact on the communities where the bridge was situated. To this he agreed.

However, when he was later asked if the cessation of the ferry service with the advent of the bridge, meant that the economic well being of New Amsterdam was affected, Dr Luncheon said he was not aware of the relationship between the existence of the ferry service and the prosperity of the township of New Amsterdam.

This response came after Dr Luncheon agreed that the Cabinet, chaired by the President, had not accepted the recommendation of a feasibility study which suggested that the least cost option for the bridge would be upstream from Everton.

Dr Luncheon said he was not aware of that suggestion of least cost options as contained in the feasibility study under question.

Just prior to that question, Dr Luncheon was quizzed on the racial composition of villages from Everton to New Amsterdam.

Asked if he agreed that those villages are predominantly inhabited by people of African ancestry, Dr Luncheon said he was not familiar with the racial composition of those villages.

He later agreed that the village at which the bridge now terminates on the eastern side is Palymyra, which he admitted is composed mainly of Indians.

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President’s $10M libel case against Freddy, Kaieteur News - Dr. Luncheon spends another day under cross-examination
- Defence accused of misleading court


Written by
Thursday, 22 September 2011 02:19
Source - Guyana Chronicle

The scene at adjournment of yesterday’s session in the High Court. (Sonnel Nelson photo)

ATTORNEY-AT-LAW Mr. Anil Nandlall yesterday accused his colleague on the other side of the President’s $10M libel case, Mr. Nigel Hughes of asking questions of the witness, Dr. Roger Luncheon which are predicated upon false hypotheses.

Nandlall was referring to Hughes attempting to tender a document transferring property from GuySuCo but conveying the impression that the property was being transferred by the National Industrial and Commercial Investments Limited (NICIL).

After realizing that the court and the witness were being misled by Mr. Hughes, Justice Brassington Reynolds, upon an application by Nandlall, expunged from the record all the answers and questions in relation to that document.

That took place as the proceedings continued in the High Court before Justice Brassington Reynolds, who is presiding. President Bharrat Jagdeo has sued Columnist Freddie Kissoon, Kaieteur News Publisher Glenn Lall and its Editor, Adam Harris, for libel.

Neither Lall nor Harris was in court yesterday but Kissoon, who is being represented by Hughes, in association with Mr. Khemraj Ramjattan and Mr. Christopher Ram, was.

Hughes gave all assurances that the document he gave to Luncheon, from which he requested answers to questions he posed, was in no way intended to mislead the witness.

Cross-examination continued yesterday with Luncheon, who was questioned for a while on the contents of the controversial article written by Kissoon. The article ‘King Kong sent his goons to disrupt the conference’ is the basis for the case.

Luncheon agreed with Hughes that Kissoon, as an academic lecturer at the University of Guyana (UG) was allowed to undertake research and come up with conclusions.

Hughes asked the witness a number of questions surrounding NICIL, including if he is a member of the Board of Directors, and whether he attended Board meetings.

ONE RACE

Hughes suggested to Luncheon that the composition of the Board of Directors of the Bank of Guyana was mainly of one race and that the individuals serving on it did not have the appropriate qualifications, citing Pro-Chancellor of UG, Dr. Prem Misir as an example.

Hughes also asked the witness whether it was true or not that those on the Board had to first secure Cabinet’s approval before appointment. To this, Luncheon agreed, but he noted that he was unaware of all the persons who are serving on the Board. He said his recollection was very slim.

Hughes then proceeded to list the persons serving on the Board, attempting to prove that they were predominantly of East Indian descent with just two members being of another race.

Luncheon responded that he cannot recall the composition of the Board, except that the Governor of the Bank, Mr. Lawrence Williams, was a member of the Board.

Dr. Luncheon was also asked if he agreed that the Guyana Police Force (GPF) was made up of predominantly Blacks.

Hughes then proceeded to ask about the current Assistant Commissioners of Police.

Nandlall objected and argued that, as a matter of law, Assistant Commissioners of Police are not appointed by the President and therefore that question is irrelevant.

The Court upheld this objection.

According to Nandlall, the Police Service Commission (PSC) members are appointed by the President after going through a process outlined in the Constitution.

At one point in time there was a heated exchange between Hughes and Nandlall in relation to what the President is alleged to have said at a press conference.

Hughes stated that the President spoke about the evidence which the witness (Luncheon) intends to lead in re-examination, and that type of discussion can influence the outcome of the proceedings.

Nandlall countered that while he didn’t see the press conference, based upon what Hughes is alleging, there is no way that an impression can be conveyed that the plaintiff is attempting to influence the outcome of the case.

According to Nandlall, at its highest, the plaintiff is speaking to a type of evidence which would be elicited in re-examination and that there was nothing improper about that.

Nandlall contended that his client has never, and will never, attempt to influence the outcome of this case or any other case, and the complaint of Hughes is completely without basis.

Luncheon was then grilled about GPSU and GAWU and rejected the suggestion that GAWU’s membership is predominantly Indian. Luncheon explained that GAWU enjoys bargaining rights in the sugar industry, fishing industry, transportation industry and the public service.

Luncheon rejected another suggestion that negotiations in relation to wages settlement are not done with GPSU but are done in relation to GAWU. Luncheon cited several instances where such settlements took place on an almost annual basis.

Luncheon was also grilled about the location of the Berbice River Bridge and he rejected suggestions that the bridge was located at Palmyra so as to avoid New Amsterdam and villages south of New Amsterdam.

Luncheon further said that he does not agree that those villages are predominantly occupied by Guyanese of African descent.

According to Luncheon, the bridge location was based upon a number of different criteria and came from a recommendation from the Work Services Group, a unit in the Ministry of Public Works and Communication. This ministry is headed by Prime Minister Sam Hinds and this Unit is headed by Mr. Rickford Low.

Luncheon agreed that an American Engineering Firm’s recommendation in relation to the location of the bridge was rejected.

Luncheon further rejected a suggestion that the bridge was located at Palmyra because it is a village which is predominantly occupied by Indo-Guyanese.

The case will continue today at 13:30 hrs.
FM
This case is hurting Donald in the election. It is serving to chase away the 5% of black voters who traditionally vote for the PPP. Jagdeo is not running in the next election so it is not his goose that is in the frying pan.


The Judge should cancel this case until after the electon. After the election, Anil and Jagdeo can fight this mad battle with Freddy to see who love Black Guyanese more. It is a bloody circus.
Wally
quote:
Originally posted by Demerara_Guy:
I am aware of the proceedings, hence the two questions.


If you aware of the answers to your questions why ask the question? why not state what you know?

Are you an adult or?
J
quote:
Originally posted by Demerara_Guy:
I am aware of the proceedings, hence the two questions.


Wow! John is also teacher quizzing us to make sure we know the facts in this case.
T
quote:
Originally posted by TK_REDUX:
quote:
Originally posted by Demerara_Guy:
I am aware of the proceedings, hence the two questions.


Wow! John is also teacher quizzing us to make sure we know the facts in this case.


The man is just brainer than us.
Tola
quote:
Originally posted by Tola:
quote:
Originally posted by TK_REDUX:
quote:
Originally posted by Demerara_Guy:
I am aware of the proceedings, hence the two questions.


Wow! John is also teacher quizzing us to make sure we know the facts in this case.


The man is just brainer than us.


speak fuh yuhself on this one.
J
quote:
Originally posted by TK_REDUX:
quote:
Originally posted by Demerara_Guy:

I am aware of the proceedings, hence the two questions.


Wow! John is also teacher quizzing us to make sure we know the facts in this case.


Your continued display of idiocy to gain attention. wavey
FM
quote:
Originally posted by Demerara_Guy:
quote:
Originally posted by TK_REDUX:
quote:
Originally posted by Demerara_Guy:

I am aware of the proceedings, hence the two questions.


Wow! John is also teacher quizzing us to make sure we know the facts in this case.


Your continued display of idiocy to gain attention. wavey


How so?
J
quote:
Originally posted by Demerara_Guy:
1. What are the specific issues.

2. Who are making it a circus?



The fact that you dont know makes you look stupid.

1. jagdeo hates blacks as leaders.

2. Luncheon knows this so pretends to know nothing as he cant advance a case to refute these claims.

Now I have said this since 2002. Whats new?
FM
quote:
Originally posted by caribj:
quote:
Originally posted by Demerara_Guy:

1. What are the specific issues.

2. Who are making it a circus?


The fact that you dont know makes you look stupid.

1. jagdeo hates blacks as leaders.

2. Luncheon knows this so pretends to know nothing as he cant advance a case to refute these claims.

Now I have said this since 2002. Whats new?


And now, answers to the two specific questions are ..??
FM
quote:
Originally posted by Demerara_Guy:
quote:
Originally posted by caribj:
quote:
Originally posted by Demerara_Guy:

1. What are the specific issues.

2. Who are making it a circus?


The fact that you dont know makes you look stupid.

1. jagdeo hates blacks as leaders.

2. Luncheon knows this so pretends to know nothing as he cant advance a case to refute these claims.

Now I have said this since 2002. Whats new?


And now, answers to the two specific questions are ..??


My answers are there DG. Your hero Jagdeo is aracist who hates blacks and Roger Luncheon is either not able to or unwilling to prove otherwise. Probably he has felt PPP racism too. As in why he ha snever been considered as a suitable PPP presidential candidate.
FM

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