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Sep 18, 2015

Eamon Courtenay Says Case Against Fiesta FM is Non-Existent

Eamon Courtenay

As for the matter of the recording, Senior Counsel Eamon Courtenay, attorney for Fiesta FM, denies airing the entire broadcast.  He says it is as he expected – his opposite number Rodwell Williams was unable to get the recording or any representation of it in transcription or translation into evidence, and without it the case is weakened and moot.

 

Eamon Courtenay, Attorney for Fiesta FM

“This is a claim brought by Mister Vega against my client, Fiesta. In order to prove a libel, you have to prove the document—for example: a book or a letter or some writing or in the case of television or radio, some actual recording. You will recall that on the last occasion that I spoke to you, I said that they had tendered into evidence a recording from Love FM. Mister Williams said that today, he would come and attempt to get in a recording from Fiesta. Well he closed his case and he has not put in any recording from Fiesta. So as I stand here today, there is no record that they rely on; there is no evidence that our clients have published it. Some of the witnesses said that they have heard that Fiesta had started to broadcast and said then said exactly what we have maintained from the beginning—the quality was poor, they couldn’t understand and they changed to the other station. In those circumstances, it is our view that it is unlikely that the Chief Justice is going to give a judgment in their favor. But as you know with these things, we have to make our submissions to the judge, he has to consider all the evidence and make a decision.”

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