Claude Gerald (Appellant) v Herman Sergeant and another (Respondents) (Montserrat)

Awaiting judgment

Case summary
Appeal
Change log

Case summary

Case ID

JCPC/2022/0084

Jurisdiction

Montserrat

Parties

Appellant(s)

Claude Gerald

Respondent(s)

(1) Herman Sergeant (2) The Attorney General

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.