KINGSTOWN, St. Vincent – As far as opposition lawmaker Daniel Cummings is concerned, Prime Minister Dr. Ralph Gonsalves does not have a legal judgement against him.
Cummings statement came even as Gonsalves has offered not to proceed with two cases for which the High Court handed down default judgements against Cumming and Opposition Leader Arnhim Eustace, respectively.
The West Kingstown representative told I-Witness New yesterday that his lawyers have taken a “particular course of action” and he would rather not comment.
Cummings was speaking one day after Eustace rejected Gonsalves’ offer, saying that he could not accept while his friend and allies were still subject to litigation by Gonsalves.
“My position remains the same. It’s in the hands of my legal team and will not comment until they advise. They have taken a course of action and the ball is in the other person’s court. So, until they have advised me — I will expect within a week … something to happen,” he said.
Asked what course of action was taken, Cumming said, “In the circumstances, I would rather not say.”
When asked if he anticipated that the public was expecting him to take a similar stance as Eustace, his party leader, Cummings said: “They are two different cases altogether and they are different circumstances. The Leader of the Opposition has countersued the Prime Minister in that matter. There is no parallel.
“The simple fact is that the Prime Minister has no judgement against me, contrary to what he says. But, in everybody’s interest, I will leave it until it has been resolved and the lawyers will – I am not getting involved in matters of the law. I really don’t have a comment on it at this point in time,” Cummings said.
Gonsalves told Parliament on Jan. 11 that “as part of the process of reconciliation” he would instruct his lawyers to indicate to the High Court that he would not proceed in any action in relation to two defamation judgements against Eustace and Cummings.
According to a letter Jan. 17 letter sent to Cummings’ lawyer by Gonsalves’ lawyer, on April 16th, 2008 judgment in default of defence was entered against Cummings for damages to be assessed and costs.
Gonsalves’ lawyers have already applied for damages and costs to be accessed and expect a ruling in the third week of February.
The Prime Minister’s legal representative, in his letter to Cummings’ lawyer, said that based on Gonsalves’ instructions, he would “apply to the Court for leave to discontinue the proceedings by consent and at the same time … formally write to the Registrar asking her to inform [the judge] that there is no need for her to deliver a judgement in the matter.
“I look forward to receiving written confirmation from you that your client is in agreement with the proposed course of action,” Gonsalves’ lawyer wrote.