Former Legal Officer files defamation suit against GECOM, CEO

May 30, 2025 News

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Kaieteur News- Former Legal Officer of GECOM, Kurt Da Silva, has made good on his promise to file a defamation claim against the Guyana Elections Commission (GECOM).

According to the Statement of Claim (SoC) filed in the High Court, Da Silva is seeking damages, including aggravated and/or exemplary damages, for libel in respect of words published or caused or authorised to be published by GECOM and the Chief Executive Officer, Vishnu Persaud, in a press release titled the ‘Non-Renewal of the Employment Contract of GECOM’s Legal Officer’.

In the court document, Da Silva noted that the release was published on 20th March 2025, on GECOM’s website, Facebook page, and Facebook pages of Mohabir Anil Nandlall, the Attorney General of Guyana.

Among the orders being sought, Mr. Da Silva is asking the Court to grant an order for formal and official retractions of the release and statements published by GECOM and the CEO and that they publish such retractions in the same manner as they were published and on the front page of the Guyana National Newspapers Limited.

Additionally, the claimant wants a court order that mandates GECOM and the CEO to issue formal apologies to him for the false, malicious and defamatory statements impugning his character and reputation and that they publish such apologies in the same manner as the press release and press statement were published and on the front page of the Guyana National Newspapers Limited.

In a document to support his case, Mr. Da Silva noted that he served as GECOM’s legal officer until 31st March 2025. Prior to accepting that appointment, the Claimant said that he served both the High Court of the Supreme Court of Judicature of Guyana (High Court), as the first Judicial Research Assistant to all of the Judges of that Court, and the Caribbean Court of Justice (also known as CCJ) as a Judicial Counsel.

Following the Claimant’s service in those positions, he received “glowing recommendations from the Judges of those Courts, including from the President of the CCJ,” when he applied for the position of Legal Officer of the First Defendant.

At all material times, the Claimant was the sole holder of the office of Legal Officer of the First Defendant, and references to “the Legal Officer” in the publications complained of herein were understood by the public and all persons acquainted with the circumstances to refer to the Claimant.

Da Silva had demanded that GECOM’s Chairperson and Chief Elections Officer (CEO) issue a public apology and retraction for “false allegations” made about him in two press releases or be prepared to face legal action.

In letters dated April 14, 2025 and addressed to the GECOM Chair, Justice (Ret’d) Claudette Singh, and the CEO, Vishnu Persaud, Da Silva outlined the “falsehoods and mischaracterisations” perpetuated against him and their damaging effects on his professional conduct.

In a detailed letter to Justice Singh, Da Silva expressed his deep regret and concern regarding the press release issued by GECOM on 9 April 2025 titled ‘Non-Renewal of the Employment Contract of GECOM’s Legal Officer’.

DaSilva served as the Commission’s legal officer for the past three years. His contract was up for renewal, and according to him, he received an exemplary performance appraisal from the Chairperson and an accompanying recommendation for his contract’s renewal.

The government-nominated commissioners voted against the renewal of Da Silva’s contract, and their position was supported by the Chairperson. The GECOM Chair and government commissioners posited that his submissions in the Carol Smith-Joseph v AG, Commissioner of Registration & GECOM case were contrary to instructions.

However, the attorney made it clear that his written submissions in the said case were submitted and circulated to the Chairperson, CEO and all commissioners. In his lengthy letter to the GECOM Chair, Da Silva made it clear that the press release issued by GECOM was “replete with false and misleading statements” about his professional conduct and legal submissions.

“I was especially surprised and disheartened to see such inaccuracies published with the apparent authority of the Commission. You, more than anyone, are aware of the actual sequence of events and the lack of veracity in the allegations made. In fact, upon reading the press release, I reached out to you immediately to inquire if it originated from your office and to urge that it be retracted. I implored that it be replaced with a statement acknowledging the falsity of its contents. You even said to me that you would tell them to take it down. Unfortunately, no corrective action has been taken,” Da Silva said in his letter to Justice Singh.

As a consequence, the GECOM officer said that he was left with no choice but to address the matter formally through his letter, to set the record straight.

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