By Tyrone Reid, Staff ReporterGOSPEL SINGER and producer Gifton Smith, who rose to fame as a part of the 'Humming Birds', the group that won the inaugural staging of the National Gospel Festival contest in 1987, is being sued.
The suit was filed in December last year by 23-year-old Marsha McLean, an aspiring gospel singer who claims that Mr. Smith breached a contractual agreement that both parties entered into verbally.
The matter appeared before the court once on February 14. However, Mr. Smith was not present, but was represented by an associate. McLean, a Clarendonian who now resides in Grand Cayman, told The Gleaner that talks were conducted between herself and Mr Smith for the recording of her sophomore album. It is alleged that they agreed on a price tag of $50,000.
McLean alleges that she deposited monies amounting to $35,000 to Smith in three instalments as part payment for recording her album at Xclusive Sounds, which is owned by Smith.
She further alleged that he never completely honoured their verbal agreement. The plaintiff says that a date was set for her to go into the studio to do the background vocals for the album. Ms McLean alleged that upon arriving at the Xclusive Sounds studio she received rather disturbing news that Mr Smith was off the island.
She says that she demanded an overseas contact number from the company secretary for the defendant but was not given one.
Ms McLean says she sought the help of the police but was referred to the courts. McLean further alleged that shortly after, Smith got wind that the matter was going before the judiciary and he called and tried to dissuade her from going through with the suit.
If indeed that happened in some sort of way, Mr. Smith may be getting his wish. Attorney-at-law Mrs. Antoinnette Haughton-Cardenas, with whom McLean consulted, is advising her to discontinue the claim that is currently before the court.
Mrs Haughton-Cardenas says the current claim does not reflect the true nature of the complaint. The suit was filed for monies owed and Mrs. Haughton-Cardenas said according to what she understands from the situation, the claim should be for breach of contract.
"It seems to me that her claims go pass monies owed. Also it seems to me that there was a breach of the contractual agreement. I can't file a suit for her until she discontinues the one that is before the courts now," reasoned Mrs. Haughton-Cardenas.
The famed lawyer told The Gleaner that she is considering representing Ms. McLean. However, she will wait until the plaintiff returns to court on the 25th of March and discontinues the current lawsuit.
After that, both parties will meet and if Ms McLean can substantiate her claims, Mrs. Haughton-Cardenas says there will not be a problem for her to offer her expertise.
They would then seek to ascertain Ms McLean's losses and file a suit for the estimated damages on the grounds of breach of contract.
Efforts to contact Mr. Smith proved futile and sources claim that he is still off the island.
