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Chief Justice scores early in legal battle


Wolfe

Barbara Gayle, Staff Reporter

CHIEF Justice Lensley Wolfe has won the first round in the legal fight involving Kingston attorney Humphrey L. McPherson, who has sued him to recover damages for slander and/or assault which he said took place last year.

Last week Thursday Mr. McPherson brought a motion for judgment against the chief justice. When the motion came for hearing before Justice David Pitter, John Vassell, Q.C., who represents the chief justice, took a preliminary point that the motion was not justified by any rule of procedure or practice. Mr. Vassell argued that Mr. McPherson's application was without merit.

Mr. McPherson represented himself at Thursday's hearing and opposed Mr. Vassell's application.

The judge upheld Mr. Vassell's submissions and struck out the motion with costs in favour of the chief justice. Mr. McPherson will have to proceed with the matter by way of a trial in the Supreme Court.

In the suit filed in the Supreme Court last year, Mr. McPherson is alleging that a client of his and several lawyers were present when the incident occurred on May 25 in the corridor of the Supreme Court building in Kingston. He said he was waiting in the corridor near to Justice Horace Marsh's chambers to have his client's case heard, when the Chief Justice Wolfe attacked him verbally.

The chief justice has filed a defence, denying the allegations.

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