Claude Gerald (Appellant) v Herman Sergeant and another (Respondents) (Montserrat)
Case ID: JCPC 2022/0084
Jurisdiction: Court of Appeal of the Eastern Caribbean Supreme Court (Montserrat)
Case summary
Issue
- Was the Appellant's constitutional right to freedom of expression contravened?
- If there was an unconstitutional contravention of the Appellant's right to freedom of expression, what remedies is he entitled to?
Facts
The Appellant is an agricultural economist and was an in-studio guest on a live talk show programme on Radio Montserrat, a government owned radio station. The discussion was on health issues. In the discussion the Appellant spoke about the reported medical benefits of marijuana. He was pulled off the air by the Station Manager (the 1st Respondent). The reason given for this was because the Station Manager was concerned that it would have appeared that the government owned radio station was supporting or promoting the use of marijuana, a substance which is illegal in Montserrat.
The Appellant filed constitutional proceedings alleging that the interruption of his discussion contravened his right to freedom of expression and was not reasonably justifiable in a democratic society. The High Court and the Court of Appeal dismissed the Appellant's case.
The Appellant now appeals to the Judicial Committee of the Privy Council.
Parties
Appellant
Claude Gerald
Respondent
(1) Herman Sergeant
(2) The Attorney General
Appeal
Justices
Lord Reed, Lord Lloyd-Jones, Lord Sales, Lord Leggatt, Lady Rose
Hearing start date
9 May 2024
Hearing finish date
9 May 2024