By CLAUDE MILLS, Observer Online writer—
Toots Hibbert (left), lead singer for Toots and the Maytals, with global manager/executive assistant Cabel “Jeffrey” Stephenson.—
Cabel Stephenson, the former manager of reggae and ska great Toots Hibbert, is upset that he is yet to receive his hard drive, more than two weeks after a Supreme Court ruled in his favor that his property should be returned to him.
The hard drive contains musical recordings of reggae artiste Droop Lion that Toots Hibbert had worked on, in the capacity of producer-musician, before his death. The hard drive, owned by Stephenson, was seized by D&F Music Inc, triggering the lawsuit.
“The (defendants are) frustrating the lawful order of the court, and frustrating me. Investors are scared of Jamaica because of these types of happenings, people are scared to invest and this case clearly displays that. I have made a major investment, the courts have ruled in my favor and yet, there is no action; this needs intervention from the courts,” he said.
Attorney-at-law and Queen’s Counsel Ian Wilkinson had appeared on behalf of defendants Doreen Hibbert and Leba Thomas, during the proceedings.
Stephens claimed that there was more than one attempt to retrieve the drive from the office of Wilkinson and from the premises of the defendants, Doreen Hibbert and Thomas. He said he is prepared to go to the Privy Council with his case.
“I am ready to go to the Privy Council. No law-abiding citizen or agent of the court should disregard a lawful order of the court. The defendant’s lawyer was served with the order. Why am I yet to receive my drive?” Stephenson asked.
According to Supreme Court Civil Procedures Rules passed in the year 2002, Rule 42.2 that deals with judgements and orders says that parties who are present when the order is made are to be bound by that order.
“A party who is present whether in person, or attorney at law, when the judgement is given or order made, is bound by the terms of the order whether the judgement or order is served,” the rule stated.
Further, 42.8 says that “a judgment or order takes place when it is given unless the court specifies that it is to take place on a different date” while 42.9, says a party must comply with a judgment or order immediately unless the judgement should take effect at a later or specifies claims made by instalment.
Attorney-at-law Keith Bishop, who represented Stephenson, told OBSERVER ONLINE that he will be moving towards getting “some enforcement mechanisms in place” to fulfil the judge’s orders.
“Our client, Mr. Stephenson, is very disappointed and believes that the justice system is not working in his favor notwithstanding the fact that a clear order was given by the judge and the defendants have had the drive for nearly two years,” Bishop said.
Efforts to get a comment from Wilkinson proved futile but Bishop said it appeared that the defendants’ lawyer planned to appeal through a notice of application for a stay.
“Wilkinson told me that he wants to appeal and papers have been drafted. He can appeal and secure a stay in the Supreme Court. The order is that the drive is to be handed over, you can only keep it if there is a stay. He did apply for a stay before the judge and the judge did not grant it but that was an oral application,” Bishop added.
On June 1, judge Stephane Jackson-Haisley ruled that Stephenson is the legal owner of the hard drive, master tapes, files and sound recordings on said hard drive.
The judge ruled that the second (Cressida Rattigan) and third defendants (Leba Hibbert), in their capacities as named executrices of the Last Will and Testament of Fredrick “Toots” Hibbert, are required to deliver to the claimant the Samsung SSD hard drive owned by the claimant and containing musical works, in which he has a proprietary, beneficial and financial interest.
The issue of damages is to proceed to an Assessment of Damages in open court. Stephenson claimed he spent US$81,000 to produce the album, court documents said.
The defendants were also ordered to pay the legal costs of the claimant.
“Nothing can deter me from seeking justice and pursuing proper redress through the courts of the land, I am prepared to die for this,” Stephenson said.
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