By Barbara Gayle, Staff ReporterTHE SLANDER case against Chief Justice Lensley Wolfe took an unusual turn yesterday when the two witnesses called by the plaintiff Humphrey McPherson, an attorney-at-law, said it was McPherson who was behaving in a "menacing manner" towards the Chief Justice.
Following the evidence given by attorneys-at-law Abe Dabdoub and Andre Earle, Mr. McPherson told the court that he was "blown away and amazed" by their testimonies.
The witnesses said it was McPherson who was behaving in a menacing manner towards the Chief Justice and they had to try to calm him down.
Following the witnesses' testimony, Mr. McPherson asked Mr. Justice Basil Reid for a week in which to get Stanley Mason, a client he said was present during the incident.
He said Mr. Mason had indicated to him that he wanted to come to court to testify to the incident and to a "subsequent contact between himself (Mason) and the defendant (Chief Justice)"
Mr. John Vasell, Q.C., who is representing the Chief Justice objected to Mr. McPherson's comments. Mr. Vassell argued that the defendant had done everything to have the matter set down for trial.
The judge gave Mr. McPherson until 11 a.m. today to produce the witness.
Mr. McPherson who is representing himself has sued the Chief Justice seeking damages for slander and (verbal) assault which he said took place at the Supreme Court building on May 2000.
He testified at the hearing on Monday that the Chief Justice had looked at him in a "real menacing" way while he was at the Supreme Court building on May 25, 2000 and said "look pon you bout you write feisty letters bout you want to disqualify judge." He said the Chief Justice also pointed his hand at him and behaved as if he were on a construction site. He said he believed if the Chief Justice had a gun he would shoot him.
FIRST WITNESS
The first witness called yesterday was Andre Earle, of the law firm Rattray Patterson Rattray. He said about 11 a.m. on May 25, 2000 he and other lawyers were waiting to go into chambers. The Chief Justice came from the judges' common room, spoke to attorney-at-law Abe Dabdoub and then said "so Mr. McPherson you find a judge to try your case today" or words to that effect. On being asked by Mr. McPherson if he thought it was an inappropriate question for the Chief Justice to have asked, Mr. Earle replied that the Chief Justice was joking when he spoke. Mr. Earle said he formed that opinion based on the expression on the Chief Justice's face which was specifically a "smirk."
He said Mr. McPherson's response was "you can't talk to me like that. Who who do you think you are?" and Mr. McPherson spoke with a lot of anger.
He said he told Mr. McPherson to calm down because he ought not to address the Chief Justice like that. He said the Chief Justice told Mr. McPherson "the reason I ask is because you are a man that is always asking judges to disqualify themselves."
Cross-examined by John Vassell, Q.C., Mr. Earle said after the Chief Justice asked the question, Mr. McPherson shouted "you are out of order. You can't talk to me like that." He said Mr. McPherson said to the Chief Justice "I am going to ask you to disqualify yourself also". Asked if the Chief Justice had said freedom of speech was enjoyed and "time is the master", Mr. Earle said the Chief Justice may have said something to that effect to Mr. Abe Dabdoub. He said the Chief Justice did not raise his fingers at McPherson or behave in a menacing manner towards Mr. McPherson.
Mr. Dabdoub testified that the Chief Justice said to Mr. McPherson that "I am glad to see you can find a judge to hear your matter".
Mr. McPherson replied: "Why are you speaking to me like that?".
The Chief Justice replied: "You are a man who likes to complain about judges and write letters about judges and ask them to disqualify themselves. I am glad to see you can find somebody to hear your case".
Mr. Dabdoub when he spoke to Mr. McPherson about his behaviour, the Chief Justice remarked "leave him alone Mr. Dabdoub, he has freedom of speech. Let him say whatever he wants." He said he did not see the Chief Justice pointing his finger at Mr. McPherson. The Chief Justice never raised his voice but spoke firmly in his reply saying: "You cannot disqualify me from a case."
