Seaga and BlackTHE SUPREME Court yesterday supported Opposition Leader Edward Seaga that he has an arguable defence in the libel suit brought against him by Mandeville businessman Kenneth Black, also known as 'Skeng Don'.
"It would seem that in the eagerness of the plaintiff, the court is being asked to rush to judgment, without even offering the defendant the proverbial rope," Mr. Justice Donald McIntosh said .
The judge made the comments when he threw out the summons brought by Mr. Black, who was seeking to have Mr. Seaga's defence struck out.
"In this matter, the defendant raises a number of issues which on a proper analysis clearly show that there is a meritorious and arguable defence and that same ought not to be struck out, as there are good and arguable issues to be tried," the judge ruled.
Mr. Black, the managing director of Black Brothers Company Limited, had claimed that Mr. Seaga's defence was not a reasonable one. He also asked the court to find that the defence is frivolous, vexatious and an abuse of process.
Mr. Justice McIntosh heard legal arguments in chambers on Tuesday and reserved his decision until yesterday.
In December last year, Mr. Black filed a libel suit contending Mr. Seaga libelled him on October 21 last year at a political meeting at Junction, St. Elizabeth. He said the libel was broadcast on television on that day and repeated on radio the next day.
Mr. Seaga has pleaded fair comment. Mr. Seaga is contending, in his defence, that he was performing his duty as Leader of the Opposition and as a watchdog of the laws and practices of Government. He claimed further that Mr. Black was not injured in his credit, character, reputation or in his business as he is alleging.
The judge, in dismissing the summons, granted leave to Mr. Black to appeal the court's ruling.
Attorneys-at-law Gordon Robinson and Bert Samuels, instructed by Knight, Pickersill, Dowding and Samuels are representing Mr. Black. Mr. Seaga is being represented by R.N.A. Henriques Q.C., instructed by attorney-at-law Raymond Clough of Clough Long and Company.
