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Dr. Balwant Singh Hospital fails to secure injunction against ‘Melly Mel’
An attempt by Dr. Balwant Singh Hospital to stop social media personality, Melissa ‘Melly Mel’ Atwell, from posting negative reviews by alleged patients of the medical facility has been halted after High Court Judge Fidela Corbin-Lincoln refused to grant a request by the hospital for a permanent injunction against her for libelous posts.
Melissa Atwell
The granting of the injunction was refused yesterday during an in-chamber hearing at the High Court in Demerara. Apart from seeking the injunction, the hospital is suing Atwell for in excess of $100 million over a string of complaints against the hospital through Facebook posts.
In its Statement of Claim, the hospital had asked the court to order Atwell to remove the post and to publish a suitable correction and apology on Facebook within seven days of the court order. The hospital is also seeking special damages for libel at not less than $5,000,000; aggravated and exemplary damages at not less than $5,000,000; special damages at not less than $100,000; costs and such other directions that seem fit by the court.
Last Month, Atwell was arrested by police and detained for about 12 hours and then released on $200,000 station bail following posting on Facebook a series of comments against the hospital and its Director, Dr. Madhu Singh, alleging mistreating, misdiagnosing and misleading and in some instances overcharging parents.
Dr. Balwant Singh Hospital has since refuted the allegations, and through its lawyer Devindra Kissoon, moved to the High Court where it filed the multi-million dollar lawsuit against Atwell who is known for her advocacy against sexual abuse and domestic violence.
Photo credit: PlacesMap.net
Atwell’s lawyer, Sanjeev Datadin and Associates, contend that the lawsuit against their client has no merit since the onus is on the hospital to prove that the claims are untrue.
In an Affidavit in Response to the hospital’s Claim, Atwell said that she is aware of several complaints against the treatment and services provided to persons by the hospital. She said that persons sent the complaints to her as messages and she has communicated with each individual for confirmation.
She swore that while the persons who sent the complaints to her are in no way related, it’s inevitable that all their stories have common threads in that they all spoke negatively about their treatment at the medical institution.
Dr. Madhu Singh
According to Atwell, she has personally witnessed adverse comments on the hospital’s Facebook page placed by persons who alleged they were patients and that the administrator of the Facebook page subsequently removed the comments.
The activist contends, “I am advised by Counsel and verily believe that without a single particularized allegation of falsity by the (hospital) the public has a right to know and hear of the experiences at a medical facility offering services to the public.”
She argues that her right to freedom of speech, as well as that of the hospital militates against the granting of an injunction.
Atwell swears that she has done nothing wrong and that the public has a right to be made aware of the events for their own information and guidance. She maintains, “I have done nothing illegal. I have shared the stories verbatim as I have received them.”
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