Lawyer spared jail, agrees to stay quiet

At­tor­ney Cher­ry Ann Ra­jku­mar was spared jail time by Jus­tice Frank Seep­er­sad fol­low­ing a con­tempt of court ap­pli­ca­tion filed against her by South­ern Med­ical Clin­ic Ltd, its chair­man Dr Ru­pert In­dar Snr and di­rec­tor Rom­ney Thomas.

The mat­ter came up for hear­ing in the High Court, San Fer­nan­do on Wednes­day, two weeks af­ter Ra­jku­mar and her hus­band Mar­vin Ram­nar­ine protest­ed op­po­site Thomas’ San Fer­nan­do of­fice, claim­ing that she suf­fered ra­di­a­tion poi­son­ing while re­ceiv­ing treat­ment at the San Fer­nan­do clin­ic.

She was sub­se­quent­ly sued for defama­tion and on Feb­ru­ary 13, the claimants ob­tained an in­ter­im in­junc­tion pro­hibit­ing Ra­jku­mar from pub­lish­ing or post­ing on the in­ter­net or any fo­rum, any­thing con­tain­ing defam­a­to­ry words or im­ages on the mat­ter.

The or­der al­so pro­hib­it­ed her from erect­ing any ban­ners, signs or pic­to­r­i­al dis­plays of any kind with­in 100 me­tres of the claimants’ clin­ic, work­places and res­i­dence.

She was al­so or­dered her to re­move any so­cial me­dia posts or im­ages re­lat­ing to the defam­a­to­ry com­ments re­lat­ing to the mat­ter with­in 24 hours of the or­der.

The court was told that on Feb­ru­ary 17, Ra­jku­mar made two posts on so­cial me­dia that were in vi­o­la­tion of the in­ter­im or­der.

The Clin­ic claimed Ra­jku­mar breached the or­der and re­quest­ed the court com­mit her to prison for con­tempt of court, have her re­move the defam­a­to­ry posts and im­ages and have her pay their le­gal costs.

Af­ter de­lib­er­at­ing on the mat­ter, Seep­er­sad found that hav­ing re­gard to the fact that all of the Ra­jku­mar’s is­sues have al­ready been tra­versed in the pub­lic do­main and giv­en that her com­plaint was not a con­tin­u­ing one, there was no use­ful pur­pose in spend­ing time to de­ter­mine the in­junc­tion ap­pli­ca­tion.

He asked Ra­jku­mar to con­sid­er giv­ing an un­der­tak­ing not to speak about the mat­ter pub­licly and re­mind­ed the par­ties of the sub ju­dice prin­ci­ple.

Ra­jku­mar agreed and com­mit­ted to not pub­licly speak about the mat­ter un­til the de­ter­mi­na­tion of the sub­stan­tive tri­al.

The courts then is­sued di­rec­tions for a speedy tri­al and fixed Oc­to­ber 24 and 25 as tri­al dates.

Reporter: Kevon Felmine

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