Parties fail to reach consensus for payment judgement in Kaieteur News libel case

Oct 09, 2021 News

– matter set for decision in November

Kaieteur News – Parties involved in the libel matter between Kaieteur News and Former Chief Executive Officer (CEO) of the National Industrial and Commercial Investments Limited (NICIL), Winston Brassington, have failed to reach a consensus for the payment of approximately $18 million judgement awards.

Kaieteur News Publisher Glenn Lall.

Attorneys who represented Kaieteur News and Brassington, met virtually before Justice Narweshwar Harnanan at the High Court yesterday to discuss the application to suspend a garnishment order against the newspaper, as well as the application to appoint a receivership for the News Company’s assets.
The matters stem from an ongoing legal battle between Brassington and Kaieteur News dating back to 2014, when the former CEO filed 19 separate lawsuits for libel against Kaieteur News over contents published in the satirical “Dem Boys Seh” column.
Brassington had contended, that statements published by Kaieteur News meant or understood to mean that he as head of NICIL, a government holding company responsible for contracts in a number of multi-million dollar projects, was “dishonest, had been guilty of criminal activity , fraud and corrupt practices.”
The Courts have since upheld his contention that the publications were defamatory.
Brassington has so far, secured over $36.4 million after he won five of 19 lawsuits against the newspaper. The former NICIL Head has started cashing in on the judgment via a garnishment order. But despite this, Brassington has also applied to the Court to put Kaieteur News assets in receivership.
The newspaper has in turn filed an application to stay the garnishment order, and grant the publication a reasonable installment payment plan given the economic issues stemming from the COVID-19 pandemic. Both applications came up for hearing before Justice Harnanan yesterday.

Former CEO of NICIL, Winston Brassington.

However, the discussions yielded no results. When Kaieteur News’ Attorney, Christopher Ram proposed a monthly installment of $2 million to satisfy the remaining $18 million judgement award for Kaieteur News, it was refused by Brassington’s lawyer, Timothy Jonas.
Ram explained that garnishing monies from the company’s bank account has had a severe impact on the company’s ability to stay afloat financially, given the economic issues arising from the COVID-19 pandemic.
However, Jonas noted that he believes Kaieteur News can afford to pay the judgements in a lump sum. He noted that his client has already garnished $20 M from Kaieteur News account in six months. The lawyer held that the $2 M proposal would prolong payment for at least a year; something he does not wish to put his client through.
Jonas told the court that Brassington has already “gone through enough,” since he had to garnish monies from Kaieteur News’ bank account; it was not voluntarily paid to him.
He argued that the newspaper is selling thousands of copies every day and therefore, could afford to make the remaining payments.
The lawyer therefore, suggested that payment of a monthly installment of $3 million in addition to keeping the order to garnish monies from Kaieteur News’ bank account is a more acceptable proposal.
He later suggested having the company make $6 million payout in three monthly installments; will allow for the removal of the garnishee order as well as the application for receivership of Kaieteur News assets.
But Attorney, Ram, after consulting with the newspaper publisher, Mr. Glenn Lall, related that proposed sums are simply not viable. Ram explained that his client and the company are in no financial position to make such “a heavy commitment.” The lawyer stressed that economic impact of the COVID-19 pandemic as well as the heavy cost attached to managing a company at this time, will definitely put a strain on the newspaper.
Given that the parties were unable to reach an agreement to pay, the Court was left to allow the lawyers to file written submission for each application. The submissions are expected to be filed by October 28, and on November 11, Court will rule whether on the respective applications.