GPC libel suit … US Appeals Court rules Adam Harris will not testify

Jan 11, 2015 News

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… as it denies New GPC sweeping deposition moves

A US court of appeal has denied a move by New GPC to have Editor-in-Chief of Kaieteur News, Adam Harris, give testimony there in a US$1M lawsuit case that is currently being heard.

Judge Joan Kenney had earlier denied the motion by New GPC’s lawyer, Ray Beckerman, pointing out that they failed to prove that Harris had any relationship with the New York edition of the newspaper.

Beckerman moved to the court of appeal where the judges found that the New York edition is a “sister” newspaper, which has no common ownership with the one in Guyana, but which appears only to contain contents (news) from Guyana.

The Judge urged New GPC to explore other options. “Nevertheless, as recognized by the motion court, plaintiff may seek the editor’s deposition through a properly issued deposition subpoena,” said court documents.

In April 2012, New GPC filed a lawsuit in New York after investigations by Kaieteur News revealed shocking details over the prices Government of Guyana was paying New GPC for pharmaceuticals.

New GPC’s US case was similar to one filed against Kaieteur News in Guyana.
The pharmaceutical company claimed that it lost customers, locally and internationally, because of the bad publicity.
Jim Sullivan and James Corring, lawyers for Kaieteur News in New York, had tabled a number of questions to New GPC, by way of a deposition, asking for that company to provide details of the customers it lost, among other things, and to justify its claim for damages.
At first, New GPC moved to block the series of questions on the grounds that they had no bearing on the case. The lawyer for the New GPC, Sam Beckerman, then asked the court to rule that any information it provided be kept confidential. It also asked that it not be compelled to answer the questions.
It claimed that it feared the answers will be used by Lall to target and hurt its customers.
However, the New York court, presided over by Judge Kenney, nixed the excuse, denied the request and ordered the New GPC to produce the answers within 20 days.

New GPC’s claims that it lost business because of the investigative reporting of Kaieteur News were also shot down by the New York court.

This was because that the company was unable to provide the names, addresses and contact information of those customers with whom relationships were seriously injured and prejudiced. There were no customers.
New GPC in answering, said: “Plaintiff is not aware of any customer it has lost due to the defendant’s articles. In the event any such information is discovered, it will be produced.”
Asked to state how New GPC has been seriously injured and prejudiced in its efforts to attract new customers, the company owned by Dr Ranjisinghi ‘Bobby’ Ramroop said that the articles of Kaieteur News caused declines in sales in most of the its markets.

However, New GPC was unable to support its claims that it lost out on new customers.
New GPC was also asked to provide “names, addresses and contact information of those potential new customers whom plaintiff’s efforts to attract have been seriously injured and prejudiced…”
New GPC said that “after a diligent search, plaintiff has found no records of any such potential new customers, and has been able to find no information responsive to this Interrogatory. If information is discovered, it will be produced as soon as it is discovered.”
The political opposition had been incensed over the arrangements between Government and New GPC and its other sister companies, especially over the seemingly cosy relationship in the purchasing of drugs.

That company, controlled by Dr. Ranjisinghi ‘Bobby’ Ramroop, has controversially become the largest supplier of drugs for Government for over a decade now. Ramroop is the best friend of former President Bharrat Jagdeo.

His companies have been benefitting, under questionable circumstances from billions of dollars of contracts from printing and drugs supplies. He has been allowed to grab up stakes in the Berbice River Bridge and granted radio and television licences ahead of more prominent media houses.

Those media houses, granted countrywide reach, are now being used to lambast Opposition.

Last year alone, Government spent upwards of US$25M for drug purchases with New GPC receiving the lion’s share.

The Opposition parties in the National Assembly have expressed alarm over the developments with members of its Public Accounts Committee arm, clashing during examinations of the 2010 Auditor General’s report.
Hotly debated also, was how the Ministry did not follow competitive bidding processes and as such allowed US$6M in contracts to be granted to New GPC to deliver drugs in 2010.
In December 2013, the pre-qualification period expired and Government immediately moved to invite companies to apply.

New GPC ended up becoming the preferred supplier again. The matter is being contested by other suppliers.

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