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Full Court reduces $3M compensatory order against Kaieteur News for contempt of court 

Oct 30, 2023 News

Kaieteur News – The Full Court on Friday reduced a $3,000,000 compensatory order given to Kaieteur News after the publication was found liable of Contempt of Court in a matter related to libel of Republic Bank Guyana Limited.

Presiding Justices of the Full Court Navindra Singh and Priya Sewnarine Beharry reduced the sum after the publication through its attorney Shaunella Glen made an application for the reduction.

The lawyer noted that Kaieteur News’ application for a reduction is in keeping with the legal guidelines used for calculating compensatory sums for acts of contempt.

As a result, the Full Court reduced the $3,000,000 compensation order to $1,250,000 which is in keeping with the legal parameters in such instances.

The contempt of court matter stems from a case brought by Republic Bank Guyana Limited against Kaieteur News when the bank sought compensatory damages in excess of $20M for libel published by the newspaper on the 6th January, 2016 and the 7th January, 2016.

Among other things, the bank had sought aggravated damages, interest and an injunction restraining the defendants by themselves, their directors, servants and/or agents or otherwise from printing, circulating, distributing or otherwise publishing by any means including electronically the said libel or copies of the said articles.

As a result, Republic Bank through its lawyers, also filed an ex-parte application for interim injunction by way of an affidavit claiming an interim injunction restraining the defendants by themselves, their directors, servants and/or agents or otherwise from printing, circulating, distributing or otherwise publishing by any means including electronically, the said libel or copies or any articles containing the said libel.

Justice Nareshwar Harnanan granted that injunction on the 28th January, 2016.

A sealed and certified copy of the Order of the Court with a penal endorsement was served upon the Kaieteur News, its publisher Glenn Lall, and its then Editor-in-Chief, Adam Harris.

The bank submitted however, that the newspaper fell into contempt of the court order when it continuously published on the internet the defamatory articles complained of in relation to the court matter.

The Bank said that the, “The defendants (Kaieteur News and its principals) have failed, refused and/or neglected to refrain from publishing on the internet the aforesaid articles and/or editions of the Kaieteur News in defiance of the said Order of Court.”

As such, when the court deliberated on accusation of contempt made against the newspaper by the bank, it was pointed out that the terms of the injunction were sufficiently clear, unambiguous, specific and certain and did not leave any room for misinterpretation of the order.

Additionally, the court found that the newspaper and its principles had proper notice of the terms of the injunction since they were all served with a copy of the said Order.

Further, the Court found that the continued publishing of the articles on the website, in the archives or otherwise, constituted a breach of the terms of the injunction and therefore the newspaper was liable of contempt.

 

 

 

 

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