THE Court of Appeal has dismissed the appeal of attorney-at-law Humphrey McPherson against a Supreme Court judgment throwing out a suit he brought against Chief Justice Lensley Wolfe. McPherson had sued Wolfe for slander, assault and aggravated damages arising from an incident in May 2000, but in November that year high court judge Basil Reid kicked out the case, pointing out that the evidence led did not amount to slander, and awarded judgment to Wolfe with costs.

WOLFE... court had ruled there was no evidence he slandered the lawyer

McPherson complained in his affidavit that on May 25, 2000 Wolfe had maliciously abused him in the presence of his client Stanley Mason and other attorneys, by saying to him, 'See de brave man deh. Him brave ... him a write feisty letters, bout him want disqualify judges. Which judge a go hear him case. Time is the master, it's only a matter of time.'

He claimed that Wolfe's remarks had seriously injured his character and reputation as an attorney and brought him into public scandal, odium and contempt. He argued that the words were calculated to disparage him or to intimidate him in his work as an attorney.

McPherson claimed that he suffered shock and injury, loss and damage and suffered great humiliation and shame in public.
He also claimed damages for slander, assault, and aggravated damages.

But Wolfe at the trial in October 2002, denied he spoke such words. Wolfe testified that on the day in question some attorneys were waiting in a corridor of the Supreme Court outside Justice Marsh's chambers with McPherson, when he stopped to exchange pleasantries.
He said attorney Abe Dabdoub was also waiting with McPherson to have a matter heard .

The chief justice told the court that, without unpleasantness, he asked the plaintiff (McPherson) if he could find a judge to hear his case.
The background, he explained, is that the plaintiff had written to him and the Registrar of the Supreme Court on more than one occasion improperly requesting that particular judges be disqualified from hearing particular matters in which he was involved as attorney.

Wolfe said McPherson responded to his comment in "an abusive manner." He further testified that Dabdoub intervened and told him he should not speak to the chief justice like that, but that McPherson brushed him off, saying: 'It's okay, Mr Dabdoub, freedom of speech is encouraged. Time is the master.'

The matter came before the Court of Appeal on July 2004, but McPherson was absent and the case was struck out and an order for cost was again made against him.
Seven months later, he appealed for a stay of proceedings, to set aside the order of the Supreme Court and set aside the decision awarding cost to Wolfe on July 2004, or alternately to seek leave to appeal to the Privy Council.

McPherson also wanted a criminal investigation launched in relation to the proceedings in which he was absent.
On Monday, the full court, comprising Appeal Court president Justice Ian Forte, and justices Howard Cooke and Carl Harrison, dismissed the appeal arguing that the record showed that notice for the hearing had been sent to McPherson and that the rule allowed the matter to be struck out with costs against him if he failed to attend.

The judges found that he was advised of the hearing which went before the court on July.
They said he should have applied in 14 days for a stay, but his application was not filed until February 21, 2005.

Apparently dejected, McPherson who had argued his own appeal, took up his briefcase and books and rushed out of court before the judges finished handing down their decision.
"I intend to go to the Privy Council with this matter to get justice," he later told the Observer.

whytetk@jamaicaobserver.com

Halle Berry and her picture-perfect family co-ordinate in grey

Cheating PS

'What was I thinking?' Chris Brown speaks out