Winston Brassington fails to establish case of libel against Kaieteur News – Defence lawyer

Sep 29, 2020 News

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Nineteen libelsuits filed against KNews…

Attorney-at-Law, Nigel Hughes, has said that the libel suit brought against Kaieteur News by former Head of the National Industrial and Commercial Investments Limited (NICIL), Winston Brassington, has not been established.

The lawyer made this conclusion in court yesterday following an intense cross-examination of Brassington who brought some 19 lawsuits against the Kaieteur News, a widely read Guyanese publication, over allegations of defamation.
Several of the claims were brought against the newspaper and its former Editor-in-Chief, Adam Harris, over contents of the satirical “Dem Boys She” column, of which Brassington said caused his integrity and character to be called into question.
Among the claims, Brassington had accused Kaieteur News of calling him dishonest, guilty of criminal activity such as fraud and corrupt practices in the conduct of his work in a number of projects including the controversial Amaila Falls Hydro Project.
The plaintiff claimed that as a result, he and family suffered greatly – his children would come from school and complain that they are being teased about the remarks published in the newspaper.

During a virtual hearing of one of the matter before High Court Justice, Fidela Corbin-Lincoln, yesterday, Hughes took Brassington to task over those claims. The former NICIL Head was confronted with the particulars of his evidence-in-chief, which was previously provided to the Court.
This time, the question of libel surrounded a satirical piece, which Brassington said was written following his birthday celebration.
Among other things, the plaintiff took offense to the words “Brazzy get he budday and invite a bunch a thieves”.
In response to queries from Hughes, who is representing Kaieteur News in the matter, the former NICIL head, confirmed that he had a birthday celebration and invited a number of officials from the former People Progressive Party /Civic (PPP/C) Government. He listed Former President Donald Ramotar and former Minister of Finance, Ashni Singh, amongst those who he could recall were present at his birthday dinner.
The witness however could not say that the words were directly libelous to him.
“It doesn’t say that you are a thief, does it?” Hughes posited.
“No sir, it doesn’t,” Brassingtion responded under oath. The witness was also asked what he understood by the term “budday,” to which he responded, “I think it meant my birthday.”
Also confronted with another portion of the article which read “but Brazzy can’t tun back de clack,” the witness told the Court that he interpreted it in a literal sense.”What do you understand that to mean sir?” asked Hughes.“I take it literally to mean that I can’t turn back the clock,” Brassington replied.
“And do you find anything specifically offensive in that statement? Do you agree that it is a statement of fact?” Hughes retorted.
“Yes I agree,” replied Brassington.
Brassington’s lawyer, Timothy Jonas, made several objections to the line of questioning as it related to the specifics of his client’s birthday celebration. Jonas noted that Hughes’ questions as it relates who were his client’s guests bore no relevance to the case.
The lawyer’s objections were noted by Justice Corbin-Lincoln. The Judge nonetheless overruled some of objections and allowed the questions. Justice Corbin-Lincoln upheld Jonas’ objection to a point raised by the defence over the question of charges brought against Ashni Singh; one of the invitees at the birthday celebration.
Justice Corbin-Lincoln pointed out to Hughes that the issue of Singh being charged cannot be used to justify the statements given that it could not be proven as a fact.
She reminded the attorney that even if he were to plead justification based on qualified privilege (immunity protection from the penalty of a lawsuit, usually a lawsuit for defamation) this must be done based on truthful statements.
The Judge therefore instructed the lawyer to move on from the line of questioning.
As such, Hughes turned the witness’s attention to the reference of the “pumpkin jumpsuit” in the satirical piece. The question was specific to a line of the article, which read “Dem boys praying and hoping that Brazzy end up in a pumpkin jumpsuit.”
The former NICIL Head had taken offence to the words pumpkin jumpsuit as having a negative connotation (meaning that there were hopes that he would end up in jail) but he fumbled to explain why he interpreted the phrase to mean he should be jailed.
“In your evidence, you referenced the use of innuendos specifically the words ‘pumpkin jumpsuit’…what do you understand by those words and where in Guyana can you find a pumpkin jumpsuit?” asked the lawyer.
“I have gone looking for them [the pumpkin jumpsuit] sir…but I am sure I can find them in the newspapers…media,” Brassington responded.
Further pressed on the meaning of the term, Brassington told the court “when you watch the movie Bad Boys, there are many examples of them, there.”
Under further cross-examination, Hughes suggested to Brassingtion “The Kaieteur News as far you understand has a national circulation and took the government to task on several issues …some of those issues were in relation to national transactions by the government?”
To which Brassington responded in the affirmative, agreeing with the suggestion that the newspaper was carrying out its national function to investigate those transactions.
The witness also agreed with the suggestion that he played a major part in the transactions given his position of prominence on a number of State controlled boards including NICIL, Atlantic Hotels Incorporated (AHI) and the Guyana Power and Light (GPL) Company.
Meanwhile, towards the end of the proceeding, the defence lawyer indicated that he will no longer be calling upon representatives of the newspaper, Glenn Lall, the Publisher, and Harris, the former Chief Editor, who were also present in Court, to lead a defence.
“So, you have no witnesses to call; are you saying then that there is no case to answer?” queried the judge.
“Yes your honour, I am saying that the libel brought against the defendants (Kaieteur News) has not been established,” he said.
The Judge therefore instructed the attorneys to file their final submissions in the next two weeks.
Justice Corbin- Lincoln is expected to preside over three more trials in relation to the 19 libel claims, this week.

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