The Tribune

By EARYEL BOWLEG

Tribune Staff Reporter

ebowleg@tribunemedia.net

THE Free National Movement is currently taking legal advice after a Supreme Court injunction was granted against party leader Michael Pintard and chairman Dr Duane Sands, barring them from prohibiting and interfering with Richard Johnson as he carries out his duties as FNM vice chairman.

In a March 9 letter sent to the FNM’s Central Council, Dr Sands said attorneys for the party were served with an ex parte order on Wednesday by Justice Deborah Fraser, claiming the “hearing took place without notice” and in the absence of the FNM’s attorneys.

Dr Sands said the FNM is presently taking advice from attorneys regarding the order and will address the issue at a hearing before the judge in due course.

However, Moss & Associates, which represents Mr Johnson, called the claim that the FNM’s legal team had not been made aware of the hearing “untrue”.

The court granted an injunction against the two men after legal action was filed last year by Mr Johnson who was suspended from attending FNM council meetings.

Justice Fraser’s March 8 ruling states Mr Pintard and Dr Sands are “hereby restrained” from prohibiting and interfering with Mr Johnson as he carries out his duties as FNM vice chairman.

 The ruling further notes this includes, but is not limited to, his attendance and participation in all Executive Committee and Central Council meetings organised by the FNM.

 “As the Central Council is aware, Mr Johnson is the subject of disciplinary proceedings in accordance with the constitution of the Free National Movement and has instituted an action in the Supreme Court with respect to the disciplinary proceedings. Giving due deference to both processes we write only to address concerns that may arise due to the wide publication of the procedural step taken on Mr Johnson’s behalf,” Dr Sands wrote.

 “The court has not, by the said order or otherwise, expressed a substantive view on the allegations raised by Mr Johnson - the said order being granted by the court without the benefit of submissions on behalf of the party. The order serves only to restore and preserve the previously existing state of affairs pending further or final order and will be complied with as we take the necessary steps to secure a further hearing in this matter.”

  In a press release issued yesterday in response to Dr Sands’ memo, Moss & Associates said it forwarded several notices of the hearing to attorney Khalil Parker, KC, who represents the FNM.

 Moss & Associates said notices were sent on March 7 at 6.23pm and again on March 8 at 2.09am and 12.32pm.

 “The defendants therefore had full notice of the date and time of the hearing and of the substance of the application,” Moss & Associates said, adding that the hearing did not begin until 2.45pm on Wednesday.

 Attorneys for the FNM did not appear at the hearing.

 Last year, Mr Johnson made accusations towards the FNM chairman which prompted an emergency FNM council meeting.

 “At this time, the Free National Movement, in my view, the chairman in my view, is acting contrary to the constitution of the FNM and so they’re going to, it’s time to take this matter to Bank Lane,” Mr Johnson had previously told reporters.

 Mr Johnson then in November took legal action against Mr Pintard and Dr Sands after he was banned from attending council meetings, which he claimed violated the party’s constitution.

 He is also seeking some $500,000 in compensation for general or exemplary damages concerning the suspension which stems from allegations that he “acted contrary to the interests of the party, its platform, and policies.”