Special Legal Advisor to Cabinet, Hugh Wildman has received another setback in his bid to win a libel suit for Prime Minister, Dr. Keith Mitchell against local attorney-at-law, Lloyd Noel.

The case arose from an article which Noel had written about the alleged U.S citizenship status of Prime Minister Mitchell who is the owner of a large apartment block in Brooklyn.

Wildman claimed that the high court had awarded the Prime Minister victory in the case on the grounds that Noel had failed to enter a defense in the matter and that the attorneys for the Grenadian leader was already making an assessment of the damages being sought.

However, there has been an about turn in the events with Noel and his lawyers stating that the situation is totally untrue and time had not run out on them to file their legal papers.

This contention was also supported by the Deputy Registrar of the Supreme Court Registry, Lisa Telesford.

Following is the full text of an affidavit sworn to by Telesford on September 26 outlining the status of the case.

I, Lisa Telesford, Deputy Registrar of the Supreme Court of Grenada of Boca in the parish of Saint George in the state of Grenada, make oath and say as

follows:-

In so far as the matters deposed herein are within my personal knowledge they are true and insofar as they are not within my personal knowledge, they are to the best of my information and belief true.

Upon request made for the entry of Default Judgment in default of acknowledgement of service and defence filed on the 21st day of September 2007, supported by an affidavit sworn to by Nadine Wilkins, Crown Counsel in the Ministry of Legal Affairs and Certificate of exhibits both filed on said date, judgment in default of defence was consequently entered for the claimant against the 1st Defendant.

The said default judgment was filed on the 24th day of September 2007.

Subsequently it was brought to my attention that the said judgment was entered wrongly.

Upon further investigation, it has become apparent that I failed to apply my mind to the issue (of) time as it related to the long vacation (1st August to 15th September) and the consequent effect upon service of documents.

The present matter was commenced by Claim Form filed in Court on the 2nd day of August 2007. The said claim is supported by a Statement of Claim and a Certificate of Exhibits.

The Notice to the Defendant as attached to the Claim form gives the Defendant 14 days within which to enter an acknowledgement of service and 28 days to enter a defence from the date of service, failing which judgment may be entered against the Claimant.

However by application of Rule 3.5 of CPR 2000, during the long vacation time prescribed by the Rules for serving any statement of case other than the statement of claim does not run.

Consequently the present matter having been filed on the 2nd day of August

2007 which is within the long vacation, the time for filing of the acknowledgement of service and defence have not yet expired and the default judgment entered in default of defence was wrongly entered.

In the circumstances I humbly pray that the Honourable Court set aside the default judgment entered on the 24th day of September 2007 as having been wrongly entered.

I make this application pursuant to part 13.2 (1) and (2) which gives the court jurisdiction to set aside a judgment entered under Part 12 if the judgment was wrongly entered because of a failure to file an acknowledgement of service or a defence, on or without an application.

And I make this affidavit in accordance with the Oaths Act CAP 217 of the 1990 Revised Laws of Grenada and for no improper purpose.