Ordered to pay for defamatory statements    

Aug 21, 2022 News

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==The Court Journal==

By Renay Sambach

Kaieteur News – Lawsuits are frequently filed in the High Court particularly against social media commentators, politicians and media entities for defamation: libel or slander.

Defamation is an area of law that provides a civil remedy when someone’s words end up causing harm to another’s reputation or livelihood. Defamation can be oral (slander) or written (libel) communication of a false statement about another that unjustly harms their reputation and usually constitutes a tort or crime.

Below are a few matters where persons were ordered to pay for making defamatory statements

RAMJATTAN TO PAY CHARRANDASS

Last month, Leader of the Alliance For Change (AFC) Party and Opposition Parliamentarian Khemraj Ramjattan was ordered by the High Court to pay damages in the sum of $7 million to Charrandass Persaud for defamation.

Persaud, a former MP of the A Partnership for National Unity +Alliance For Change (APNU+AFC), had originally filed a $30 million lawsuit in 2019 against Ramjattan who was at the time the country’s Public Security Minister.

High Court Judge Jo-Ann Barlow in handing down the judgment also ordered Ramjattan to refrain from making statements that suggest that Persaud, who is now Guyana’s High Commissioner to India, was compensated financially for his role in the No-Confidence Motion brought down by the APNU+AFC Government back in 2018.

In handing down her decision Justice Barlow noted: “This court in assessing this matter found that an award of $7 million is appropriate in the circumstances of this case…the defendant shall pay to the claimant costs in the sum of $150,000 (one hundred and fifty thousand dollars) on or before 25th August, 2022,” the ruling noted.

There were several newspaper articles presented in Court documents which included a statement attributed to Ramjattan in a December 2018 edition of the Guyana Chronicle titled: “Cops closing in on Charrandass” and a Stabroek News edition of January 2019, “Ramjattan: Charrandass Persaud is a villain not a hero.”

It also drew attention to statements made by Ramjattan on the Globe Span talk show which was streamed on Facebook in February 2019. One of the court’s assertions was that Ramjattan’s referral to Persaud and 30 pieces of silver could only be taken to mean that Ramjattan was accusing the former AFC MP of taking a bribe, which was intended to slander him.

Persaud contended that these published statements were intended to and had the effect of lowering his reputation, character, morality and honesty as an Attorney- at-Law in the eyes of right-thinking members of the public. However, Ramjattan insisted that the claims were merely attributed to him and not said by him. He said he was not the author of the articles.

JAGDEO TO PAY FERGUSON

In July, the Full Court, an appeal jurisdiction within the High Court, once more refused an application by Vice President (VP) Bharrat Jagdeo to hear his request to set aside or recall the default judgment award of $20 million granted to former Minister of Housing, Annette Ferguson for libel.

Jagdeo had previously lost the libel case to Ferguson, because of his failure to file his defence in keeping with the time limit and rules of the Court. Ferguson had sued Jagdeo over some alleged slanderous statements he made about her owning house lots and secured $20 million on a default judgment.

VP Jagdeo later appealed the decision before the Full Court, but his request was turned down the first time. Chief Justice (ag) Roxane George-Wiltshire and Justice Priya Sewnarine-Beharry failed to agree on allowing his application to be heard. This meant that the original ruling of the previous presiding judge, Sandra Kurtzious, to grant Ferguson a $20 million judgment still stands.

However, the VP did not give up in his quest to have Ferguson’s judgment discarded. Through his attorney, Devindra Kissoon, Jagdeo appealed to the Full Court, where two judges usually preside, a second time. This time around, he requested that a third judge joins the panel to review his application. He also filed a similar appeal in the Appeal Court.

When the matter came up again before the Chief Justice and Justice Sewnarine-Beharry the application was again turned down.

Kaieteur News understands that given the Full Court’s decision, Jagdeo’s case will now be pursued before the Court of Appeal. Ferguson had sued Jagdeo over alleged slanderous statements he made about her owning house lots. The statements were published in the Guyana Times newspaper which Ferguson also sued. The case against the newspaper is however still ongoing.

RAMSAMMY TO PAY WOLFORD

Earlier this year, Justice Fidela Corbin-Lincoln refused an application by Advisor to the Minister of Health, Dr. Leslie Ramsammy to set aside a default judgment granted against him, and in favour of Veteran Journalist, Enrico Woolford.

In February, Woolford filed a $150 million lawsuit against Ramsammy for libel. The Journalist and former Chief Executive Officer (CEO) of the National Communications Network (NCN) won the case on default, as Ramsammy failed to file a defence or respond to the lawsuit in any shape or form.

Woolford had filed a $150 million claim against the Guyana Times and Dr. Leslie Ramsammy, a columnist and former Minister of Health, for libel.

According to court papers, Ramsammy was sued over an article printed in the Guyana Times in which he alleges that he (Woolford) colluded with the APNU+AFC to rig the March 2, 2020 General and Regional Elections.

In his statement of claim, the Veteran Journalist outlined that on March 18, 2020, in a column titled: “Ramsammy’s Ruminations” the former Minister of Health defamed him. In the circumstances, Woolford was seeking damages in excess of $150 million from Dr. Ramsammy and Times Media Group Inc., publisher of the Guyana Times newspaper.

KN ORDERED TO PAY

Last November, Dr. Richard Van West Charles, the former Chief Executive Officer (CEO) of the Guyana Water Incorporated (GWI) and Head of Atlantic Fuels Inc., secured a judgment to the tune of $10 million in a defamation claim against Kaieteur News (KN).

The former GWI boss had sued the publication in 2019 for an article headlined: “Van West Charles’ fuel company under the spotlight for under-invoicing – tenders fake documents to GRA.”

KN’s publisher, Glenn Lall, had indicated that he will be taking steps to ask for a stay of the judgment and file an appeal.

Dr. Van West Charles’ judgment follows a list of decisions in libel suits granted against KN and its Publisher, Glenn Lall.

The newspapers had similar dispute with former Chief Executive Officer (CEO) of the National Industrial and Commercial Investment Limited (NICIL), Winston Brassington, where he sued the newspaper 19 times in one day for contents of the satirical ‘Dem Boys Seh’ article and was awarded close to $40 million by two judges.

Justice Fidela Corbin tried five of the cases and awarded $3.5M each, with a four percent interest after she found that the newspaper could not adequately defend the case. She later tried another one and awarded him $2M with interest.

Brassington won his case before Justice Navindra Singh, who tried one of the libel matters. Brassington was awarded $10M with interest by Justice Singh who also tried another case with ex-President Donald Ramotar, to whom he awarded him $20M with interest for libel against KN.

To share any useful information, please can contact me via email:[email protected] or phone number: + 1(592) 694-1862

 

 

 

 

 

 

 

 

 

 

 

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