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