TCI COURT PROCEEDING REVEALS MALCOLM FILED TO SHUT DOWN MISSICK’S SHOW; JUDGE THROWS IT OUT

Wilkie Arthur and Dana Malcolm 

Editorial Staff 

#TurksandCaicos, October 30, 2023 – UPDATE on Defamation civil case between Courtney Missick, Pastor and Talk Show Host, represented by Senior Civil Attorney Hon. Alvin Garland and Hon Shaun Malcolm, Minister of Health and Human Services, represented by Latisha Williams-Bruce and assisted by Hon. Mr. Willin Belliard; the matter continued on Monday October 30th 2023 at exactly 2:30pm.

The injunction against Missick barring him from speaking about Shaun Malcolm has been thrown out because of insufficient and unsatisfactory filings by Malcolm’s attorneys. The Hon. Supreme Court Justice Mr. Anthony Stephen Gruchot said the respondent/defendant’s application to discharge this injunction has weight. He told Mrs. Williams-Bruce this is your application and you’ve failed to comply with many of the areas required in an injunction proceedings of this nature, as outlined by Counsel for the respondent/defendant.

The judge struck out the injunction and ordered that it be discharged but before doing so he raised it to counsels from both sides, if they had considered an undertaking as we have Mr. Missick here in court today. Both counsels agreed to the Hon. Justice’s approach and there was a short adjournment for counsels to take advice from their clients.

Documents filed last week Wednesday in an attempt to stop the talk show after an edition of the pastor’s show where he addressed Malcolm and his alleged role in the Special Investigation and Prosecution Team (SIPT) investigation. The defamation suit apparently hinges on an exchange on the Monday October 23 episode of ‘The People’s Voice’ where Missick allegedly said:

“Guess who run England, that same the Honourable Shaun Malcolm was the one jump on the plane took the information, same Shaun who is in the PNP party who serving as Minister of Health …we know who went carry what to England.”

Malcolm says these and other statements made which had his phone ringing off the hook, were not only false but damaging to his character, reputation, and standing as a PNP member.

While the injunction filed against Missick is done away with, the two sides did sign an undertaking that is binding and prohibits Missick from speaking about Shaun Malcolm regarding the SIPT investigation.

The Pastor can still discuss Malcolm and his political affiliations with the PNP on his shows outside of this subject as argued by his attorney and agreed by the judge after much thought and consideration.

Additionally Wilkie Arthur, Magnetic Media Court Correspondent, can also confirm having listened to Hon. Alvin Garland’s arguments to the Judge and documents filed and signed by Shaun Malcolm and his legal team that they did in fact attempt to get an injunction completely shutting down the pastor’s popular show.

The filing read:  “THAT I make this affidavit in support of my application for an interim injunction restraining the First and Second Defendants from hosting and publishing their live streaming talk shows on social media known as “The People Voice’ schedule for Wednesday 25” October 2023 and for any future hosting and streaming of the said talk show.”

To that wide extent, it was not granted by the judge as Attorney Garland said would be a violation of Courtney Missick’s constitutional rights.

The case has been adjourned, without date. for proper filings to be completed by the Plaintiff and a date will be fixed for the substantive hearing of the application to be heard fully.

Magnetic Media can say that upon arrival at the court, about an hour early, in anticipation of some difficulty with entering the court, officers at the court said ‘they told us no one would be allowed in for the hearing.’

As an official correspondent for Magnetic Media, this decision did not rest well in such a potentially precedent setting case.  A conference with the clerk to the judge was requested and granted.  At that time, it was asked ‘why is it no one including the media is allowed in the court when the hearing commences?’

The clerk returned shortly after and said she had spoken to his Lordship and confirmed that the proceedings are in open court.

Further to that, when Hon. Alvin Garland was on his feet putting forward his forceful submissions as to non-proper service of the documents on his client nor him, the learned judge then said but how is it that Magnetic Media has the documents?  It was also said by the judge, that ‘I’m confused because Mr. Missick is referring to the documents on his show.’

Mr. Garland still maintained that they were not served or not served properly.