47.
The Complainant certainly uses strong language and the Commission notes
that allegations of corruption would necessarily reflect negatively on the
institution in question, and the Commission would be amiss if it were to
dismiss the Communication merely on account of its negative portrayal of
the judicial institutions. The question therefore is not the allegations of
corruption, but on whether there are expressions or language used by the
Complainant that by virtue of their nature or on account of their effect,
amount to insulting or disparaging language?
48.
In relation to the specific language used, due consideration must be
accorded to the ordinary meaning of the words used. The use of words such
as "persecution" "revenge" or "retribution" are not words that would
ordinarily be considered as insulting, even more so within the context of
these Communications. The use of the word "damning evidence" seems to
be the strongest description but this is however largely an expression of
opinion about the weight of the particular evidence.
49.
In relation to the manner in which the language is used however, the
Commission is of the view that the Complainant makes ad hominem attacks
against the State and its judiciary, which he has furthermore not sufficiently
substantiated. In this regard, the Complainant submitted that the State had
enlisted the services of the judiciary and that his complaints were treated
with" disdain, suspicion and contempt" by the judiciary, which he also refers
to as "recalcitrant".
50.
The Meriam-Webster Dictionary defines this term as "having an obstinately
uncooperative attitude towards authoritlj or discipline". The Complainant makes
general allegations that there is a concerted effort led by the Respondent
State and its judiciary to deny him access to justice and ultimately run his
law firm out of business. Inthis regard, the Complainant has submitted that
the judiciary and its "friends, sympathizers, and colleagues" are seeking
revenge against him. The Commission is therefore of the view that the
Complainant could have utilized language which is not disparaging or
insulting to make the same submissions without losing their substance.
51.
52.