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Nov 12, 2015

Recording from Fiesta FM was Never Introduced into Evidence Says Attorney

Eamon Courtenay

Eamon Courtenay is the attorney for Fiesta FM, the station on which it was said Cervantes caused the offensive recording to be broadcast. But Courtenay claims that the recording from Fiesta FM was never introduced into evidence, so Vega has no case against his client.


Eamon Courtenay, Attorney for Fiesta FM

“That is where our case stands and that is where our case falls. There is no evidence before the Court that my client, Fiesta, broadcast this alleged statement against Minister Vega. They have not proven it. They tried to get it in through Kelly Guzman, through a transcript. Again, the judge ruled that that was not admissible. So the submission we made to the Court this morning was that in the absence of that evidence, Mr. Vega cannot succeed in his claim against my client for libel. We asked and we wrote on a number of occasions asking them to provide us with a CD that proves this was done. And they kept sending us a CD from Love FM, and we kept saying to them but we are Fiesta, not Love FM. So they have never provided it to us, and I was submitting to the Court this morning that during the course of the trial his Lordship had pointed out to Mr. Williams on a number of occasions that he was facing a fundamental flaw in his whole case, and insofar as we are concerned, the fundamental flaw is the failure to prove the actual words supposedly complained about in respect of Fiesta. I think what Mr. Williams has tried to do is to use what is called secondary evidence, to say well the witnesses have come on the witness stand to say yes they heard it. We submitted to his Lordship that the evidence first of all should not be admitted because they did not satisfy the legal test, but more importantly Mr. Vega said that he was switching from one station to the next, so he cannot testify truthfully as to what he heard on Fiesta.”

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