Supreme Court
Action No. 271 Of 1981
12th May, 1982
Alcantara, J.

Mr. D.B. Courtenay with Mr. Glenn D. Godfrey for the Plaintiff
Mr. Michael C. E. Young for the Defendants

Defamation of character - Application for trial by judge and jury - Power of Court to Order Trial by judge and jury - RSC037

J U D G M E N T

In September 1981 I dealt with the Summons for Directions in this case.
At the request of both parties it was ordered that this action be tried by Judge alone. I remember expressing surprise at such a request as I thought, and still think, that an action for defamation of character is eminently suitable for trial by jury.

Now, more than 8 months later and after two previous actions on not dissimilar issues have been disposed of, and on the very eve when this present action should commence there is an application for trial by jury.

There are two issues for decisions. First, have I still power to reverse the previous decision and order trial by jury? Secondly, even if by the rules of court applicable to this action I have such power, should I exercise it in favour of the defendant?

Although the Rules in Order 37 of the Supreme Court are not as clear as I would like them to be, it appears to me that there is power to order a trial by jury even at this late stage. The power is discretionary.

My initial reaction is to refuse the application. It has been left to a very late stage, and it looks as if it might be an attempt to delay further the hearing of this action. No new facts have been placed before me which would compel me to order trial by jury on the merits of the application.

However, in the interest of justice not only done but appearing to be done I am adverse to deny to anyone the right of his case being decided by his peers. This will cause further delay but will not seriously affect the plaintiff, whose character has been vindicated in the two previous actions. Further, it might not be a bad thing if decision of the Court of Appeal on the two previous actions at present under appeal was known before the commencement of this action.

It appears to me that Mr. Young is creating legal history in Belize. As far as I have been able to ascertain this will be the first civil case ever which will be tried in this Supreme Court with a jury. At least it is the first case within living memory.

I order trial by jury.

The costs of this application to be borne by defendants.