By Barbara Gayle, Staff Reporter
Wolfe
MR. JUSTICE Basil Reid yesterday threw out the slander and assault suit which attorney-at-law Humphrey McPherson had filed against Chief Justice Lensley Wolfe on the ground that it was misconceived.
The judge dismissed the suit after he upheld a no case submission made by John Vassell, Q.C. on the ground that on the pleadings and from the evidence given there was no physical injury and therefore the suit in relation to assault should be struck out.
Mr. Vassell submitted further that the words which Mr. McPherson alleged that the Chief Justice said to him namely that he was a "brave man writing feisty letters wanting to disqualify judges" were not defamatory.
After the court threw out Mr. McPherson's case he asked the court for leave to appeal, but the judge told him that he had a right of appeal. The judge said he hoped Mr. McPherson would not be ill-advised to appeal and suggested that McPherson should go on a long weekend retreat to the Blue Mountain and reflect on the matter.
The judge referred to Mr McPherson's "aggressive posture" under cross-examination and said he hoped some guiding hand particularly that of a senior lawyer would show him that there was great love in the fraternity of lawyers "so all this will be forgotten."
In addressing the court before the case was dismissed, Mr. McPherson said he had proved his case. He said attorneys-at-law Abe Dabdoub and Mr. Andre Earle, two of his witnesses, did not speak the truth. He said he was only seeking costs against the Chief Justice.
After the case was dismissed and costs awarded in favour of the Chief Justice, Mr. McPherson told The Gleaner that he was going to pursue the matter in the Court of Appeal. He had brought the suit in the Supreme Court contending that the Chief Justice committed assault and slander on May 25, 2000 while he and his client, Stanley Mason were at the Supreme Court waiting for a case to be heard in chambers. He said other lawyers were also present.
When the case resumed yesterday Mr. McPherson attempted to tender a letter into evidence which he said the Chief Justice had written to Mr. Mason but the judge after reading the letter in court said it had nothing to do with the case before the court.
Mr. Dabdoub and Mr. Earle had testified on Tuesday that after the Chief Justice spoke to Mr. McPherson in the corridor, it was Mr. McPherson who was behaving in a menacing manner towards the Chief Justice. The lawyers had attended court to testify for the defence but Mr. McPherson called them as his witnesses.
On Monday Mr. McPherson testified that on the day of the incident the Chief Justice was behaving in a menacing manner, pointed his finger towards him. He said the Chief Justice behaved as if he were on a construction site and said further that he believed that if the Chief Justice had a gun he would shoot him.
Stanley Mason, a bus operator and farmer testified yesterday that he was Mr. McPherson's client and was at the Supreme Court on May 25, 2000. He said he saw the Chief Justice passing by and greeting everybody. Mr. McPherson and Mr. Dabdoub were standing nearby and he noticed that the Chief Justice greeted Mr. Dabdoub and did not greet Mr. McPherson. The Chief Justice went into a room, returned a few seconds later and said to Mr. McPherson "you stop writing feisty letters as yet?" Mr. McPherson answered saying he went to good school. The Chief Justice said "you get any judge to try your case?" Mr. Mason said he then said in his mind "everything crash now."
The witness said at that stage some people began using their hands to bar the Chief Justice while others used their hands to bar Mr. McPherson. He said he saw the Chief Justice pointing his finger and saying "time, time, time, time." The witness said Mr. Dabdoub then asked Mr. McPherson "a weh you and him have."
Cross-examined, Mr. Mason said he felt something was wrong when the Chief Justice did not greet Mr. McPherson. It was suggested to him that the Chief Justice did not point his finger at Mr. McPherson but the witness said the Chief Justice in fact did so.
