KK-3-A-10 – 11
[handwritten] [date illegible]
Jim
From: Paula
Subject: Conversation with Luckhoo
He called Monday Jan. 23 to say that he couldn’t give details, but it came from the top that we are not to discuss with any governments support for us in these custody matters. He said, especially not with the Americans and Dick McCoy.
I told Lionel we never have and that from the start McCoy was saying that he was getting nervous because he thought government was leaning toward us. I said McCoy is trying to start something, to make it difficult for us. That we have never discussed anything with him. Lionel said he explained that we were not doing so to the man he spoke with but he said he just wanted us to be careful to not step on the golden goose (or some such anecdote).
Lionel was very optimistic and sounded more confident about government’s support and he alluded that it was the Prime Minister he spoke with.
Various conclusions or opinions are [illegible word]
LAL [unknown initials] — we are getting prepared for govt. having an out by stating we brought it on ourselves. This is a possibility – not a conclusion.
(B) US Embassy is using divisive means to reach their results by stating we are bragging about govt support.
(C) Fred Wills has told the PM [Prime Minister Forbes Burnham] something about us being difficult.
(D) Bonnie [Laurence] Mann has told the PM that we are bragging [about] govt support and perhaps we are being warned to not talk to Mann because of his alliance with the US; or [Richard] McCoy is telling Mann we bragged govt support and Mann went to the PM.
—–
KK-3-A-12
Though we cannot accept less than the full resolution – for our info
– Exactly what is the procedure for getting a stay pending appeal – is it a matter of requesting it or is it automatically granted? Or just what are the grounds of criteria or procedure for getting it?
– In what kinds of cases are such stays denied?
Judge unaccommodating
12:30 Making such a long time on this pilavering [palavering]
Handwritten notation: “Luckhoo”] He asked us why the judge was so unaccommodating and would Wills know that/ We asked for clarification and he said the judge was taking such a long time about it (Wills said later that the judge was tied up in another matter relating to the courts, Supreme Court matter but he, Wills, was going to expedite it because of JJ’s health
—–
KK-3-A-13
Let me set out the position as you are under some misconceptions… The Orders made by the Judge without service on Jim Jones are:
(1) Child be taken (into custody) and made ward of Court i.e. Court to decide who shall hold child until issues determined
(2) Proceedings for Contempt granted against Jim Jones i.e. have him arrested and brought before Court.
Now these Orders are made and we could only challenge them if we had someone joined in the proceedings, as Jim Jones was not a party to the proceedings.
To do so we sought to have Joyce Touchette joined since she was the person entitled to Custody of the Child.
The Court after 5 days of arguments agreed that Joyce should be joined.
Thereafter we sought to have the Judge declare his own Orders a nullity – i.e. void. This would relate to (1) & (2) above. This has been argued at length, & on this he has reserved decision.
The position then is that at this stage – there is no stay. The Appeal to the Judge to wipe out his Orders is not a stay.
But they (Stoens) could proceed no further as no papers were served on Jim Jones nor was the child taken. Section
So then if the Judge does not agree that his Orders should go; we are in the same position. If we then ask for a stay, he is unlikely to grant it. However, since the status continues of no service, nothing can or will be done. They must worry, not us.
If prayer we are refused our application, we will then proceed by appeal to the Full Court of the High Court. And if we fail there, we go to the Court of Appeal (the final court).
We need have done nothing & Grace could go no further, as the Judge’s Orders are not implemented, but to clear Jim Jones from an Order made without service on him, we have taken out this Summons to wipe the slate clean.
LAL 7/2/78