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Kaieteur News moves to discharge ‘Sleep In’ injunction

Mar 29, 2014 News

Attorney for Kaieteur News, Moses Nagamootoo, has moved to the courts to discharge an injunction granted by Chief Justice Ian Chang on behalf of Clifton Bacchus, proprietor of Sleep-In.  The injunction seeks to refrain Kaieteur News from publishing certain statements in a satirical column captioned ‘Dem Boys Seh’
Nagamootoo is denying that the statements in the column were maliciously published and that it contained false statements concerning Bacchus.
“No admissions are made as regards how (Bacchus) views Mr Mohabir Anil Nandlall and himself.
“We affirm that the comments contained in the impugned satirical comments were made in good faith and not maliciously or recklessly.
“It did not libel (Bacchus), not even by inference or innuendo and was not intended to disparage or malign (Bacchus) as dishonest or corrupt.”
Nagamootoo further submitted that Bacchus was offered the right to reply. Further, Nagamootoo submitted, “The reply was published in Kaieteur News on March 1, 2014 under the caption, ‘Those implications of impropriety are as erroneous as they are unfortunate’.
“The Permanent Secretary of the Ministry of Legal Affairs denied that any money was paid for the event since the conference facility at Sleep In International Hotel was offered to the Ministry free of cost.”
The column at the centre of the injunction is Dem Boys Seh, a satirical column that contains social commentary. As a result, Nagamootoo proposes to prove and justify some of the contents of the column.
“The plaintiff’s claim has no prospect of success and, in any case, should the plaintiff succeed, damages would be an adequate remedy.
“The injunction has acted as censorship of our newspaper and its continuation will be a fetter and hindrance to our enjoyment of the constitutional right to free expression and freedom of the press. The injunction ought not to continue,” said Editor Adam Harris in his affidavit.
He added that had Chief Justice Chang been made aware that the newspaper would have justified its publication he would not have granted an ex parte injunction.

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