AG wants more money for judgment in law books libel suit

Aug 06, 2023 News

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Kaieteur News – Attorney General (AG) Anil Nandlall, SC, has expressed his intention to seek an increase of the judgment award he received in the libel suit he brought against his predecessor, Basil Williams, SC.

Nandlall during a recent airing of his weekly programme “Issues in the News” expressed dissatisfaction with the $10M award that was granted to him by Justice Priya  Sewnarine Beharry  after she determined that Williams allegations of him stealing law reports from the Attorney General’s Chambers was libelous.

“I will challenge the quantum of damages awarded, for I feel that $10M is not adequate, having regard to the gravity of the harm done and having regard to recent defamation awards made by our courts in assessing compensation/damages in particular in defamation cases,” said  Nandlall said

He explained further that Judges are guided by awards made in similar circumstances, “and if one is to examine the awards made recently, one will conclude that $10M is an award to the lower end of the spectrum rather than to the upper end”

Nandlall is expressing his intention to appeal the  judgment award even as Williams has already moved to appeal the entire decision and have it set aside on grounds have it is erroneous and misdirected in law.

Nandlall said that he plans to file a cross-appeal in which he intends to seek a higher award of damages soon.

Last month Williams filed his Notice of Appeal, contending that Justice Sewnarine Beharry made a number of legal errors and as a result, misdirected herself in the finding that he is liable for defamation.

In her ruling delivered on June 30 last, Justice Sewnarine-Beharry said it was clear that Williams intended to, among other things, label Nandlall a thief; which was defamatory to him.

In her decision, the Judge said that “the inescapable conclusion is that the words published by Williams meant, and could only mean, in their natural and ordinary meaning that Nandlall is dishonest, is a thief, committed the criminal offence of larceny, stole property of the State, stole law books, is unfit to be a member of the legal profession, is unfit to be a Member of Parliament, is unfit to be a public figure and a potential leader.”

In her ruling, which was released by Nandlall’s office, Justice Sewnarine-Beharry awarded damages of $10 million to be paid by Williams. She also applied interest on the award at a rate of 6 per cent per annum, from April 4, 2017, to June 29, 2023.

Additionally, the judge ruled that interest of 4 per cent per annum would be applied after June 29, 2023, until the judgement is fully paid. Justice Sewnarine-Beharry also ruled that costs, in the sum of $1.6 million, must be paid by Williams to Nandlall by August 18, 2023.

In his challenge filed with the Guyana Court of Appeal, Williams is arguing that the trial Judge misdirected herself when she held that Nandlall had established on a balance of probabilities that he had published the words complained of.

According to Williams, at no time had he made any defamatory statements about Nandlall.

In fact, he is arguing that some statements made at a particular forum amount to hearsay at best and therefore inadmissible and ought to be struck out.

He further contends that Nandlall, upon “recognizing the improbability of proving” that he had defamed him, introduced in evidence belatedly by five years, a video recording which had no relation to the complaints made in his case.

Williams’s position is that Justice Sewnarine-Beharry erred in failing to consider this and also to ascertain the authenticity of that video, which he said “was generated by AI voice cloning technology and photo-shopping internet technology” to prejudice him (Williams).

Nandlall was awarded $10 million in damages, after he won his defamation case against his predecessor, Williams for libelous statements made in relation to the alleged theft of law books.

In April 2017, Nandlall filed a lawsuit against Williams over claims that he (Nandlall) had stolen a series of Commonwealth Law Books from the State while he occupied the Office of Attorney-General and Minister of Legal Affairs.

The case stems from a series of public statements made by Williams, who alleged that Nandlall had stolen government property, specifically law books, during his tenure.

Williams, who was appointed to office in 2015, repeatedly accused Nandlall of criminal acts, thereby tarnishing his reputation, and causing him significant harm.

During the trial, Nandlall provided evidence, including video recordings and newspaper articles that clearly established Williams’ defamatory statements. The court found that Williams’ remarks were false, and malicious, and had a detrimental impact on Nandlall’s personal and professional standing.

 

 

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• Anil Nandlall, Attorney General’s, Guyana Court of Appeal, Issues in the News, SC

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