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Judge strikes out libel suit filed over erroneous article published by the newspaper
Kaieteur News – Justice Priya Sewnarine-Beharry on Tuesday struck out a claim brought against the Guyana Times newspaper and its Editor-in-Chief Tusika Martin for libel.
Director of GPL: Kirk Hollingsworth
The case related to an erroneous article published by the newspaper in 2019 which identified Director of the Guyana Power and Light (GPL) Company and former diplomat, Kirk Hollingsworth as acquiring over 3000 acres of land in the city under the previous government.
Hollingsworth had sued the Guyana Times as well as the Kaieteur News, separately.
Kaieteur News had carried a similar article. He claimed in excess of $50 million worth in damages for each libel suit. The articles were based on an error about the size of the land publicized via the Official Gazette. As such, Attorney for Guyana Times, Devindra Kissoon of London House Chambers filed a Motion to strike out Hollingsworth claim.
Kissoon had filed a Notice of Application to strike out the action on the basis that there were no reasonable grounds for bringing the claim.
He noted the contents of the article published by the applicants were absolutely privileged; and the contents of the article were not defamatory or libelous to Hollingsworth.
The attorney said too that the newspaper did no more than publish a fair and accurate report of the notice published in the Official Gazette.
Moreover, Kissoon said, the publication was not actuated by malice as it was published honestly and innocently. The lawyer pointed out that the defamation Act Cap 6:03 provides: Section 13 A fair and accurate report in any newspaper of proceedings publicly heard before any court exercising judicial authority shall if published contemporaneously with such proceedings, be privileged.
Attorney, Devindra Kissoon
Hollingsworth through his lawyer, Senior Counsel Roysdale Forde nevertheless contended the publications were calculated to lower his reputation in the estimation of right-thinking persons in society; to render him the subject of disapproval and rejection by Guyanese and negatively affect his credibility, character and reputation.
He stated that from time the article was published, he and his family were inundated with phone calls and messages from family, friends, business persons and government officials related to the article and their truthfulness and sought information regarding same.
The Claimant contended that his personal and professional reputation and standing were irreparably and severely damaged and he and his family suffered financial injury, distress, humiliation, embarrassment, indignity and pain and suffering. Further, he claimed, two of his clients terminated his consultancy services as a result of his involvement in alleged corrupt land acquisition.
He said that the statements have no basis in fact, are malicious, inaccurate and intended to deceive the public.
Consequently, Hollingsworth filed an action claiming inter alia damages for libel and injunctive relief. Kissoon moved to the courts on behalf of the Guyana Times and its editor later filed a Notice of Application to strike out the Claim on the basis that there were no reasonable grounds for bringing the Claim.
In her determination, Justice Sewnarine-Beharry upheld Kissoon’s submission that the Hollingsworth had no reasonable grounds for bringing the claim. In the circumstances, the claim was struck out. The judge also ordered that costs be awarded to the newspaper and its editor jointly in the sum of $200,000.
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