Chief Justice Dr. Abdulai Conteh today declared that in the interest of freedom of speech, he's lifting the injunction against The Belize Times. On October 17, the Chief Justice issued an injunction barring_ The Belize Times_ from publishing content that deplored the professional conduct and public acts of ACB activist Lois Young Barrow. Critics characterized it as an act of prior restraint and the Prime Minister called it muzzling the freedom of the press.
Well the hearing to decide whether the injunction should be lifted was held today. Dean Barrow appeared for Lois Young Barrow while Elson Kaseke and Kareem Musa appeared for The Belize Times. This morning Kaseke presented two affidavits supporting their claims against Young-Barrow, the affidavits argue that_ The Belize Times has the defenses of justification by fact and fair comment, among others. Kaseke also said that if the Chief Justice lifts the injunction, he cannot give the undertaking that The Belize Times_ will not repeat its claims against Young-Barrow.
In his written judgement, the Chief Justice called this an attitude of "publish and be damned", and concludes_ "so be it." With that the Chief Justice gave an expeditious date for hearing the case, by Friday December eighth. In his judgement, the CJ also spoke about freedom of speech. He said free speech, is, "tempered by the regard for the reputations of others." But he said because of the affidavit from Andrew Steinhauer, editor of The Times, and giving consideration to the principle of free speech, he is constrained to discharge the injunction.
Now observers will have to wait and see if The Times is so confident in its case as to repeat the controversial content, and possibly incur greater damages.
