The Hon. Mr. Justice Leighton Pusey

Constitutional law – Charter of Rights - Section 13 (3) (c), (c) and (5) – Freedom of speech – Freedom of expression – Whether freedom of expression includes right to use private property to exercise right – Whether fundamental rights applies horizontally

Constitutional law - Fundamental rights and freedoms - Mutual legal assistance in criminal matters - Request of foreign state for taking of evidence from witnesses in Jamaica - Witnesses refusing to co-operate – Application of central authority for order for witnesses to give evidence on oath - Order granted – Whether order an abuse of process – Whether order breached constitutional rights of witnesses - Right to equitable and humane treatment – Right to be free from discrimination on political grounds - Right to fair hearing – Right to due process - The Mutual Assistance (Criminal Matters)

IN THE SUPREME COURT OF JUDICATURE OF JAM

CLAIM NO. C.L. 2003 1-053

BETWEEN COLLIN INNIS CLAIMANT

AND KINGSLEY THOMAS DEFENDANT

'u' Miss Shawn Steadman instructed by Ian Wilkinson & Company for the

Claimant.

Mrs. Vanessa Allard & Mrs. Teneisha Watkins instructed by Vaccianna &

Whittingham for the Defendant.

HEARD: 1 9th & 2oth April, 2005

PUSEY, J. (Actg.)

C

This matter is a rather unusual defamation matter in that it relates to an