Speaker loses bid to appeal $7.5M libel judgment

Oct 13, 2023 Court Stories, Features / Columnists, News

Kaieteur News – Appeal Court Justice Rishi Persaud has refused the application for a stay of execution of the $7.5 million judgment granted to former diplomat Kirk Hollingsworth in a libel suit he brought against Speaker of the National Assembly and the People Progressive Party/Civic (PPP/C)-owned Freedom Radio.

Speaker of the National Assembly, Manzoor Nadir

According to Senior Counsel, Roysdale Forde, who represented Hollingsworth in the case, the judge made the decision on Wednesday. The lawyer said that Justice Persaud refused to grant the stay of execution requested by Nadir on the basis that there were no prospects of success of the appeal.

Hollingsworth, a former board member of Guyana Power & Light (GPL), was awarded damages in the sum of $7.5 million by Justice Fidela Corbin-Lincoln in a libel case against Nadir and Freedom Radio. According to Court documents, the case hinges on defamatory statements made by Nadir on November 12, 2019, on Freedom Radio Inc. insinuating that Hollingsworth acquired land corruptly. Further, the document noted the Nadir used his social media forum and also published the defamatory statement on Freedom Radio 91.1 FM (Demerara), 90.5 FM (Berbice) and 90.7 (Essequibo) which is circulated throughout Guyana and internationally online.

Former diplomat, Kirk Hollingsworth

It is averred that the natural and ordinary meaning of the words and by way of innuendo means and would cause the reasonable reader of the defendants’ defamatory statement to conclude that Hollingsworth acquired over 3000 square feet or 3,199,92 acres of land, the court papers noted. The document outlined further Nadir’s comments were meant to show that acquisition of 3000 square feet of land from the government was an award or result of Hollingsworth manipulating the system for self-preservation and enrichment. Hollingsworth indicated that he was a former diplomat having served in the British foreign service for over 25 years in the UK, the Middle East, the Caribbean and southern Africa and was a board member of GPL and that Nadir’s remarks caused damage to his character and reputation.

The man claimed that he also suffered and continues to suffer financial injury, constant grave distress, humiliation, embarrassment, indignity, pain and suffering. He noted that this was evinced, days after the publication, when he received a letter from one of his clients, Kaydel Oil and Gas Limited, terminating his consultancy with them. In his defence, Nadir stated that he was certain that his statements were not defamatory, false or actuated by malice towards or in relations to the claimant.

In her ruling, Justice Corbin stated that such a defence must set out the facts alleged to be true that the comments are based. “The defence must identify the matters of public interest on which the comment is made,” she said in her ruling. She said further, that in considering the basis upon which costs should be awarded, “I have considered all the circumstances including the conduct of the defendants which included the filing of an application less than seven days before the trial, the unreasonableness of pursuing the defences which were unsustainable as pleaded and without any evidence to support the defences at trial and that by pursuing these unmeritorious defences to trial and with evidence the costs have been increased.”

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Former diplomat, Justice Persaud, Kirk Hollingsworth, Manzoor Nadir, Speaker of the National Assembly

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