Re Pershadsingh

• Jurisdiction: Jamaica
• Judge: Cools-Lartigue, Ag.C.J.
• Judgment Date: 27 June 1960
• Neutral Citation: JM 1960 CA 6
• Court: Court of Appeal (Jamaica)
• Date: 27 June 1960

Court of Appeal

Cools-Lartigue, Ag.C.J.; Duffus, J.A.; Waddington, J.A.

Re Pershadsingh

Appearances:

David Coore for the appellant.

K.G.Smith for the Crown.

Civil practice and procedure - Contempt of court — Improper behaviour by counsel before resident magistrate — Procedure to be followed by resident magistrate — Judicature (Resident Magistrates) Law, Cap.179, s.194.

Cools-Lartigue, Ag.C.J.

1 (on behalf of Duffus, J.)

2 The appellant, a barrister, was fined £10, in the alternative 21 days' imprisonment, by Cousins, acting resident magistrate, Clarendon, for contempt of Court.

3 The statement of the learned resident magistrate submitted with the record is as follows:

“On March 23rd, 1960, I was presiding at the trial of a civil case in which Mr.R.S.Pershadsingh, barrister-at-law, and Mr.E.C.L.Parkinson, barrister-at-law, appeared for the parties. During the course of the hearing a noisy quarrel developed between Mr. Pershadsingh and Mr. Parkinson in the course of which each was abusing the other. I warned both to desist at once or else I would fine them both for contempt of Court.Mr.Parkinson desisted.Mr. Pershadsingh did not desist. After I had given the warning he uttered an abusive remark to Mr.Parkinson. I thereupon fined him for is contempt.”

4 In a further statement the learned resident magistrate states:

“During the course of the quarrel between Mr. Pershadsingh and Mr.Parkinson, to the best of my recollection words to the effect ‘You are a stupid man - you are nothing but a fool - everybody knows you are dishonest - nobody is more dishonest than you - you are an idiot - you are an ignorant fellow’ were exchanged. Each retorted in kind to the abuse levelled by the other. The exchanges were shouted rapidly and loudly and in fact disturbed the Court in the adjoining main Court room. To the best of my recollection, the abusive remark used by Mr. Pershadsingh to Mr.Parkinson, after I had given them the warning was ‘You are nothing but a wretched idiot’ or words to that effect.”

5 The fine of £10 was paid under protest and verbal notice of appeal given. At the hearing of the appeal, two grounds were put forward: (1) that what had ken place did not amount to a contempt of Court, and (2) that no opportunity had been given to the appellant to show cause why he should not be dealt with for contempt.

6 Power to the resident magistrate to deal with misbehaviour in Court is conferred by s.194 of the Judicature (Resident Magistrates) Law, Cap.179 [J.], which provides:

“194. If any person shall wilfully insult the resident magistrate or any “officer of any Court under this Law, during his sitting or attendance in the Court, or shall wilfully interrupt the proceedings of the Court, or otherwise misbehave in Court, it shall be lawful for any constable or bailiff or officer of the Court, with or without the assistance of any other person, by the order of the magistrate, to take the offender into custody and detain him till the rising of the Court; and such magistrate shall be empowered, if he shall thinly fit, to impose upon any such offender a fine not exceeding ten pounds for every such offence, and in default of payment thereof, to commit the offender to prison for any time not exceeding one calendar month, unless the fine shall be sooner paid, and in case of a subsequent...