Latest update April 4th, 2025 6:13 AM
Jul 18, 2021 News
Kaieteur News – Attorney-at-law, Sanjeev Datadin, intends to defend himself against the defamation claims filed by Deputy Chief Elections Officer (DCEO), Roxanne Myers.
Last month, Myers, initiated legal proceeding against Datadin, an attorney and People’s Progressive Party/Civic (PPP/C) Member of Parliament (MP) and online media entity, News Room, claiming in excess of $150M in damages for libel.
According to court documents drafted by her lawyer, Nigel Hughes, and seen by this newspaper, the DCEO is suing for statements made by Datadin in a news interview done on March 6, 2020 and published by News Room.
According to Myers claim, Datadin used words to the effect that, “the Deputy CEO has been saying that no one is allowed to serve any orders” and the “DCEO is still refusing to let anyone into the building and specifically refusing to allow the marshals in to serve” which was meant to convey that she in effect acted illegally and corruptly in the performance of her duties and barred court marshals from serving legal documents of operatives of the Guyana Elections Commission (GECOM).
In a written defense filed this week, Datadin said that he either accepts or denies the statements contained in the matter filed by Myers. He contends inter alia that the document served on him is statute-barred in accordance to Section Nine of the Limitation Act.
According to the document seen by this newspaper, Datadin intends to raise at the trial the fact that Myers appointment to the post DCEO was adversely referenced and found to be borne out of questionable information and circumstances by the Ethnic Relations Commission (ERC).
Among other things, Datadin intends to rely on the fact that Myers’ appointment was made by a Chairman who was illegally appointed.
Further in the document, the lawyer admits that he said the words “the Deputy CEO is saying no one is allowed to serve the orders …and the Deputy CEO is still refusing to allow the marshal in to serve.”
He nonetheless contends that those words are in no way defamatory or should be implied as libelous. In the context of the 2020 Regional and General elections, Datadin noted his statements can be considered as fair comment and justifiably so, given the existing situation at the Guyana Elections Commission (GECOM) command centre at Ashmin’s Building.
In her initial claim, the DCEO contended that Datadin and News Room published her official designation as one who acted illegally, corruptly, ultra vires in her capacity as Deputy Chief Elections Officer as it pertains to the March 2, 2020 elections.
Based on the published assertions of the lawyer, Myers said too that it is safe to say that Datadin as well as News Room intended to convey to the public that she was acting above the law, having “arrogated or attempting to arrogate herself jurisdiction or influence the outcome of the Region Four elections result and control or otherwise direct Marshals of the Supreme Court of Guyana.”
In addition, the document noted that the willful malice of this allegation is to be found in the failure of the defendants (Datadin, News Room) to contact the claimant (Myers) and give her an opportunity to exonerate herself.
Specifically, it noted that News Room never put the allegation to her or invited her to counter the utterances of the attorney, who now sits as a MP for the ruling PPP/C party.
Further, Myers contends that given Datadin’s lack of experience of the processes and procedures of the Guyana Elections Commission in the conduct of the Regional and General Elections, “it was reckless for the defendants to publish those slanderous statements in the context of such advertised ignorance.”
Additionally, the DCEO noted that the gravity of the allegations made by the defendants constitutes an intention to not allow her the opportunity to defend herself or “at the very minimum educate Datadin on the role, if any, that she played on the day, which he made the slanderous/defamatory statements.”
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