JAS saga hits another snag

THE LONG-RUNNING saga around the Jamaica Agricultural Society’s 126th annual general meeting and presidential election has taken another unexpected twist.

This time, Andre Anderson, president of the Clarendon Association of Branch Societies, has filed a suit in the Supreme Court against Trevor Bernard, president of the Small Ruminants Association of Jamaica (SRAJ) as well as the association.

The AGM was set for July 12, 2023, but a claim filed in the Supreme Court the evening before by Bernard, in his capacity as president of the SRAJ, triggered a letter from Jamaica Agricultural Society (JAS) CEO Christopher Emanuel on the morning of the meeting, which resulted in its postponement.

“Against the background of a claim re Trevor Bernard (Small Ruminants Association of Jamaica) vs the Jamaica Agricultural Society, this is to advise that the annual general meeting scheduled for Denbigh, Clarendon, at 10:00 a.m. today, July 12, has been postponed until further notice.

“Please be advised accordingly.”

The email was sent out to parish managers by Emanuel, with Anderson contending that its timing at 10:01 did not make sense since parishes would have already incurred expenses for travelling, food, and beverages, as well as the cost to the JAS, which would have spent money on the rental of chairs, a public address system, retention of a stenographer, and the printing and distribution of minutes, among other expenses.

The communication from the JAS CEO was predicated on a letter from Lemar Neale, the attorney-at-law representing Bernard, which reads in part:

“We therefore strongly demand that the AGM be postponed until the issues above have been rectified. We should inform you that if the meeting proceeds tomorrow as scheduled, we will be amending our client’s claim to have the Court declare the said meeting a nullity and that actions taken and decisions and appointments made declared null and void and of no effect.”

However, checks by Anderson have reportedly unearthed evidence suggesting that the JAS was deliberately misled about the outcome of the application by Bernard for an injunction to postpone the AGM.

“It was fictitious. The information that he provided to you was incorrect. There was no injunction. He applied for one, and the court denied his application,” Anderson told The Gleaner. “On that basis he would have brought the AGM into disrepute and would have maliciously done so because the court never granted an injunction to effect its stay. The matter was heard at 3:45 and was adjourned at 4:00 o’clock on the Tuesday, July 11.”

The case for an urgent application was heard by the Honourable Justice D. Staple (acting) – who arrived at his judgment inside of 15 minutes, according to the court records - who wrote:

“I pointed out to Mr Neale that his application was defective in that the affidavit in support of FDCF, on which he proposed to rely, was itself defective as it was not in compliance with Rule 30.4(1) (d). In any event, I refused the application as there was nothing to the ‘affidavit’ to indicate that if the Claimant had gone to the meeting and raised an objection to the holding of the meeting, that that objection would have likely been refused. So there was, in my view, no need for an injunction in the absence of such evidence.

“ORDERS:

• 1 Application for injunction was refused

• 2 No order as to costs.”

Anderson filed his case on Monday, September 4, against Bernard in his personal capacity as well as the Small Ruminants Association of Jamaica. Contacted yesterday, Bernard told The Gleaner that he had not been served and calls to the cell phone of secretary of the association Derrick Dunn went unanswered.

christopher.serju@gleanerjm.com