Almost 11 weeks ago, we told you how attorney and trade union leader Audrey Matura-Shepherd was to face contempt of court proceedings. Well, that happened today, but it appears that the Government's attorney, who's pushing this issue, would like her to be sanctioned by the court with an order that she must pay court costs.
As we told you, the case that this contempt accusation comes from the is BGYEA case. Viewers may remember that the grassroots organization, and its leader, Nigel Petillo, were being sued by the Government for road reserve that they wanted to use to plant corn. The case was instead to be settled via mediation, but according to the complaints from the Government, Matura-Shepherd revealed the terms of the settlement. Reports are that there was supposed to be a gag order until the case was properly resolved, and so the Government attorney submitted today that she violated the terms of the mediation. He's pressing the court to order her to pay costs of the litigation, which would mean lawyer fees on both sides, as well as whatever legal fees were incurred to get to this point.
This court proceeding took place in the chambers of Justice Courtney Abel, and when Matura-Shepherd's attorneys exited, we asked them to explain their defence against the "contempt" accusation. Here's how they did:
Godfrey Smith, SC - Attorney for Audrey Matura-Shepherd
"They have argued that Mrs Shepherd breach the confidentiality rules. We have argued that she certainly has not because the confidentiality rules apply only to where you make disclosures of things that happen in a mediation in other court proceedings. So that disclosures to the media for instance, do not attract the strict and technical prohibition set out in the act and really that's what the matter was about. The judge has reserved his decision on that and we'll get it sometime in the future."
Audrey Matura-Shepherd - Attorney for BGYEA
"There was a hearing but I can't speak as with details because the decision is not final but what I can say is that several things have happened and there's a court process and there's a court of public opinion. In the court process, we have to go through whatever proceedings will be and have a final decision. The judge will write his decision and that's the court process. The bigger is that if you look at what really happen, which attorney will get up and do these cases for people pro bono? So whatever I may have done or whatever destruction I became, that is unfortunate because I shouldn't be the subject of the proceeding. It should be the issues of my clients but that's the price I pay for 
1.) My speaking out, 2.) Taking the chance and going on a limb and 3.) Allowing any little cracks to give those who oppose any people movement to come after me. So it just means that I have to be far more guarded in how I operate, because whether we want to accept it or not, I am one of the few people in this country who will speak out."
So, since the terms of the resolution were revealed before they became an official court order, is the BGYEA case finished or not? That's what we asked one of the executive members who attended the case today. He told us that from what he heard in this morning's session, it seems that way:
David Barnett - Executive Member, BGYEA
"Today we dealt with the cost in terms of who was going to pay and the next matter was about bringing Mrs. Audrey to court in terms of what she said after mediation."
Mike Rudon, Ch5
"In terms of, because this thing has been going on for a long time, in terms of Harmonyville, what was the decision out of the mediation hearing been for you guys out on the ground right now?"
David Barnett - Executive Member, BGYEA
"Well we have yet to see the Government do what they say they were going to do, in terms of, we have squatters out there still in the said buffer that they set. They didn't want us to plant corn. That's really the big thing here. We wanted to plant corn and generate money for our community."
The judge has reserved his decision on whether or not Matura-Shepherd defied the court's gag order. The resolutions arrived at in the mediation session are now an official court order, and so, the case should be finished. Matura-Shepherd explained that the only reason they would need to come back to court on this issue is if the Government disobeys the court, or fails to enact what was ordered.
When the decision is in, we'll tell you if the judge says that Matura-Shepherd ought to be sanctioned or not.
Email
Print