Contempt proceedings brought against agriculture minister Floyd Green

Contempt of court proceedings have been brought against Minister of Agriculture, Fisheries and Mining Floyd Green and four executive members of the Jamaica Agricultural Society (JAS) for allegedly disobeying a Supreme Court order.

The claim, which was filed Wednesday by Lawrence 'Larry' Robertson, a member of the board of the JAS, stemmed from an annual general meeting (AGM) of the JAS which was held on July 10 despite a court order which barred the holding of such a meeting.

The other defendants are Derron Grant, commercial manager/acting chief executive officer of JAS; Lois Lee, chief financial officer;  Andrea Brown Morris, human resource officer; and Granville Hall, board  member.

Attorney-at-law Hugh Wildman, who is representing Robertson, today remarked that  “the minister by being an attorney-at-law is an officer of the court and should not be seen to be flouting an injunction issued by the court.”

Robertson, who is also president of the JAS for the parish of Portland, is seeking a declaration that the defendants have aided and abetted a breach of the order Justice Tracey-Ann Johnson made on April 14 between Robertson, the claimant and the JAS.

Robertson is calling on the court to cite the defendants for contempt of court by virtue of aiding and abetting the breach of the said order. He is asking the court to declare the meeting null and void and of no legal effect.

Robertson states further that on July 26, 2023 Justice Opal Smith granted an interim injunction barring the convening of its annual general meeting.

The interim injunction granted by Justice Smith was extended numerous times until May 14, when Justice Johnson ordered that the injunction  remain in place until the final determination of the matter of the substantive claim.

Attorney-at-law John Jacobs, who represented the board, had argued that the injunction should not have been extended but was not successful.

Following the May 14 order, a notice was circulated to the members of the JAS by the first defendant, Green, stating that the annual meeting was to be held on July 10.

The claimant on July 2 informed the board members of the injunction by sharing a copy of the formal order in a WhatsApp group of board members. The fifth defendant, Hall, reportedly responded by saying “rubbish".

Wildman on June 26 wrote to Green informing him of the injunction which prevented the convening of the meeting and stated that if he proceeded with it, he would be liable for contempt of court. On July 8 Green wrote to the JAS and the board stating that despite the ongoing matter between the claimant and the board, the annual general meeting would be held on July 10, 2024.

The claimant stated that the meeting was held on July 10 with all the defendants participating in the flouting of the injunction, despite warnings that such a meeting would amount to contempt of court.

Robertson is seeking the order on the basis that under section 53 of the Civil Procedure Rules the court has the power to commit a person to prison or make an order confiscating assets for failure to comply with an order or undertaking or to do an act within a specified time or a specific date.

The injunction stemmed from a claim Robertson filed last year seeking a declaration that the annual general meeting is null and void without the presentation of audited financial statements of the association along with funds held on behalf of the parish branches which have not been paid over to the JAS.

In a statement on Saturday, the agriculture ministry said it has taken note of the "misleading comments" made by Wildman regarding the legality of the AGM.

It said both the ministry and minister are seeking further legal advice on the matter and that "any court matter brought against the Ministry or Minister will be strenuously defended and vigorously opposed."

The ministry explained that Fulton had notified the ministry about the AGM and invited Green to attend and deliver the main address.

It said to date, the ministry has not received any court order restraining the JAS from holding its AGM.

-Barbara Gayle

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