News Release
Stewart Vs Senator Sloley
Contempt Proceedings!
On Wednesday, August 19th 2009 The Daily Observer, one of Jamaica’s national news publications, carried an article entitled, "Contempt of Court Proceedings filed against Senator Sloley"
The Article went on to say "Hotelier Gordon "Butch" Stewart has filed contempt proceedings against Opposition Senator Noel Sloley and his family-owned company Jamaica Tours Ltd. (JTL) after the company stopped a court-ordered search of its computers for e-mail that allegedly libeled Stewart".
Further, the article stated, "The application…..is seeking an order for costs and to have the assets of Jamaica Tours confiscated. The court is also being asked to impose prison sentences on all the respondents…….".
There was also a follow up article published in the Daily Observer on September 30th, 2009, again stating that "…Stewart, (who is also chairman of the Observer), filing contempt proceedings against Senator Sloley and Jamaica Tours…..".
Not only have these articles been published in the local newspaper, but they were also placed on the internet version of the news paper and have found a permanent home on the World Wide Web.
It is with this in mind that we find it imperative to share with our friends and business partners, the judge’s rulings and the results of the contempt proceedings.
The case came up in the Supreme Court of Jamaica before Judge The Honorable Mr. Justice Anderson, Claim # 2009HCV 00133 on May 17th and 18th 2010. Judge Anderson ruled that "I have come to the conclusion that these applications as presently conceived must be struck out as against the respondents……..I award costs to each of the respondents against the claimant."
In laymen's terms, the Judge ruled against Stewart and for Senator Sloley and Jamaica Tours Ltd et al. Stewart then appealed the decision and took it to the Court of Appeal.
In the Court of Appeal - The Supreme Court Civil Appeal No. 68/2010 was heard in December 2010 before The Honourable Mr. Justice Morrison JA, The Honourable Mr. Justice Dukharan JA and The Honourable Mrs Justice McIntosh JA.
Once again Senator Sloley prevailed as the court ruled that - "In my view, the appeal must accordingly be dismissed, which is the order I propose. I would also order that the appellant ('Gordon 'Butch' Stewart) is to pay the respondents cost of the appeal".
Curiously with all of the attention and prominence that "the Observer" gave to this case, they have to date failed to publish the judgement, now that Stewart has failed in both Courts.
We are posting the complete court of appeal judgment which can be viewed at the following links, Judgment of the Court of Appeal, Judgment of the Supreme Court for interested parties.
Despite the numerous attempts by Mr. Stewart to damage Senator Sloley’s reputation, he has always maintained a strong belief in the Jamaican Courts and the Jamaican Justice system.
Senator Sloley, feels that the Courts have arrived at the correct ruling and have vindicated him in this matter. This is but the first step in repairing the damage done to his reputation.
Senator Sloley will continue to vigorously fight to defend his name and our company and business against any other further actions Mr. Stewart may wish to bring.