Lawyer wants case against TV stations thrown out
Barbara Gayle, Justice Coordinator
One of the lawyers in the case brought against three of the island’s television stations for refusing to carry an advertisement promoting tolerance of homosexuals wants the matter thrown out.
Georgia Gibson Henlin, who is representing Television Jamaica, argued this morning in the Constitutional Court that the claim was not placed properly before the Court and should not have proceeded.
Gibson Henlin argued that the claimant is no more than a tool for his employer and has suffered no harm.
The attorney also argued that he created the situation that gave rise to this claim.
Gibson Henlin said there needs to be a filter to ensure that the Court is not bombarded by frivolous claims under the Charter.
She argued that it is an abuse of the process when someone seeks redress on behalf of another.
Henlin added that Tomlinson was bringing the claim on behalf of a group and its tolerance campaign was part of a regional campaign to change homophobic laws.
Human rights activist and Attorney-at-Law, Maurice Tomlinson, is accusing CVM TV, Television Jamaica and the Public Broadcasting Corporation of Jamaica of violating the Charter of Fundamental Rights and Freedoms.
The matter is being heard by Justices Paulette Williams, Bryan Sykes and Leighton Pusey.
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