KN moves to strike out Nandlall’s injunction over ‘Dem Boys Seh’

Mar 30, 2014 News

Attorney General Anil Nandlall and owner of the Sleep In Hotel Clifton Bacchus had moved to the courts to protest comments in the daily satirical column, ‘Dem Boys Seh’ and secured injunctions before Chief Justice (Ag) Ian Chang.

Attorney General,
Anil Nandlall

On Friday last, Attorney-at-Law, Moses Nagamootoo, moved to the courts on behalf of Kaieteur News, its Editor Adam Harris, and Publisher Glenn Lall, to have the injunctions discharged.
Notice of the injunction was served on the newspaper and its Editor on March 4, last.
Nagamootoo argued that the column, Dem Boys Seh, containing the alleged libel, is a satirical piece written in ‘slang’ and contains creole expressions.
“The matters contained in the February 28, 2014 column are substantially true and we will rely on the defence of justification,” Nagamootoo argued in his petition to have the injunction discharged.
“Presentation of law volumes was held at Sleep In Hotel, owned by a personal friend of the applicant/plaintiff and it was a matter of public interest to ask a question regarding costs,” Nagamootoo added.
Editor in Chief of the Kaieteur News, Adam Harris is contending that the newspaper enjoys a constitutional right to freedom of expression, and “exercises moral and social duty to publish matters of public interest, once we are satisfied that the comments are not defamatory or malicious.
“The contents of the impugned satirical comments were made in good faith and were not malicious or reckless; they were not intended to impugn, disparage or libel the plaintiff.
“The comments did not say or were intended to convey that the plaintiff, Attorney General Nandlall, was dishonest or corrupt.”
Harris in his affidavit added that the comments were not capable of injuring the plaintiff’s reputation or business or his office or his good standing nationally or internationally.”
In the writ, the defendants are contending that the Attorney General did cause his Permanent Secretary to reply to the satirical piece by way of a letter which was published almost immediately.
The arguments to discharge the injunction granted to Clifton Bacchus, proprietor of Sleep In were almost in the same vein.
“It (the column) did not libel (Bacchus), not even by inference or innuendo and was not intended to disparage or malign (Bacchus) as dishonest or corrupt.”

Clifton Bacchus, owner of the Sleep In Hotel

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.”
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.