Judge warns couple: ‘Jail is no romance’

A HIGH Court judge yesterday warned a husband and wife that if they think jail is a romantic place, they could go ahead and disobey her order.

Justice Joan Charles, presiding in the San Fernando High Court, told Kumar Macoon and wife Devica that she was minded to sentence them for contempt of court, "but Google can provide information on how romantic jail is."

She was referring to a lawsuit filed by pundit Ravindranath Maharaj of the Shree Ram Ayodhya Dhaam Mandir, Endeavour Road, Chaguanas.

Contempt of court proceedings filed against the couple by an attorney came up for hearing yesterday before Charles, arising from her July 20 order. The judge had ordered both husband and wife to execute a proper deed for the land, which would have facilitated the pundit having legal title in trust for the mandir.

There was an oral agreement on June 30, 1999, in which the Macoons, once members of the mandir, agreed to sell Maharaj the land – 1,763.4 square metres – for $240,000. However, Maharaj alleged that the Macoons did not prepare a proper deed to convey the land to him.

Attorneys Jagdeo Singh and Saira Lakhan argued the pundit's case before Charles who ordered the Macoons to execute the deed in July. The couple was also not to go onto the land. Charles further ordered the Macoons not interfere with the mandir's peaceful and quiet use and enjoyment.

On October 10, Lakhan filed an application to have Macoon and Devica committed to prison for contempt of court in their failure to execute the deed and to pay Maharaj's legal costs.

Yesterday, Lakhan told Charles Macoon and Devica were present in court when Charles made her order on July 20.

Attorney Richard Sirju, representing the couple, replied yesterday that he was not served.

Maharaj and the Macoons were in court yesterday and Charles asked the couple to stand. Chastising them for not treating the matter seriously, the judge said, "If you all as defendants breached an order, it is open to the court to sentence to prison. The court cannot allow its orders not to be complied with. Its orders have to be enforced, and given the nature of the breach, there must be respect for the law."

Saying the Macoons seemed not to have seriously considered their non-compliance with her July order, Charles told them, "I'm afraid I might have to send you down to prison if you seek to avoid being served."

The judge told Lakhan to serve Macoon and Devica the documents in the court. She granted him leave to serve them by registered mail if they refused to accept the documents.

The case was postponed to February 5.