Hardell writ served too late to stop WOW, says Webb
A Supreme Court injunction ordering Telecommunications Minister Renee Webb not to grant another cable television licence until a dispute with Hardell Entertainment is resolved was served too late to stop the Minister giving a licence to World on Wireless (WOW), Government contends.
Hardell, however, begs to differ - saying they adhered scrupulously to the rules governing service of legal notices to the Government.
Hardell secured the court order Tuesday morning and it was delivered to the offices of the Telecommunications Department and the Attorney General's chambers minutes before a press conference announcing the licence was scheduled to take place.
Ms Webb told this newspaper later that she checked her correspondence and became aware of the order after she had issued the licence at the conference, meaning that the injunction had been served too late to have any effect.
"If you have an injunction to prevent Renee Webb buying a car and she has already bought the car, it's too late," she said.
The Minister added that Hardell had had plenty of time since licensing hearings began in October last year to protest but had done nothing.
Some legal sources say that Hardell could have been a little smarter in serving the notice which was delivered to the Ministry in an envelope, and she could not be in breach of the order if she was unaware of its existence when she signed the licence.
Hardell manager Corey Butterfield disagreed saying that Supreme Court rules prohibit people from serving injunctions to the Crown personally.
"When the messenger arrived at Telecommunications, she said `I have urgent papers here for the Minister' and was assured that they will receive it as soon as they get in."
He said that the Minister had ample opportunity to have received it when she returned to her offices for the press conference.
Besides, added Mr. Butterfield, Solicitor General Wilhelm Bourne was present when it was delivered to the Attorney General's office shortly after.
Hardell contends that they were granted a licence and frequencies to operate a wireless cable television service by the former Government.
They now seek to have the courts reverse a decision to withdraw the frequency allocation and issue it a licence.
The Minister said that her department could not find any record of Hardell having been granted a licence.
"If they had been granted a licence we would have to honour it," she said.
Meanwhile, WOW is working on an operational plan which will have to be reviewed by Telecommunications before the service is launched. The company, headed by Gavin Wilson. Troy Symonds and Shaun Davis, intends to offer about 90 channels.