Acting Chief Justice Roxane George SC has found that a Guyana Chronicle report containing statements made by Minister of Labour Joseph Hamilton against APNU+AFC Member of Parliament Jermaine Figueira to have amounted to libel.
In a statement, Figueira’s attorney, Roysdale Forde SC, said that the Court found, among other things, the headline in the report in the newspaper’s January 24, 2021 edition to have been “damning.”
According to Forde, the Chief Justice expressed the view that the Chronicle had “recklessly” allowed the article to be printed, though there had been a denial from Figueira of what later amounted to the libel.
“The Court stated that the words “Fraud and Criminality” [do] not conjure any favourable image and further that the words used were understood to mean that Jermaine Figueira was a fraudster,” the article said.
Forde added that the judge rejected arguments advanced by counsel for the Chronicle that the newspaper had a duty to publish statements made by a Member of Parliament about an elected official.
The statement said the Court concluded that the article was not published in good faith and that the newspaper’s reliance on the defence of fair comment was misconceived.
The Chronicle was represented by attorney Siand Dhurjon.
Stabroek News understands that the lawyers on both sides are to meet and agree on the quantum for damages.
Figueira had filed a more than $900 million lawsuit against the Kaieteur News, Guyana Times, the Department of Public Information, the Attorney General and the Minister of Labour.
The matters against the other defendants are still pending.
In his statement of claim, he contended that the libelous statements were in the main made by Hamilton and published by the listed media entities.
Figueira is seeking, among other things, orders that the news entities publish retractions of the offending statements made by Hamilton.
He has also sought an injunction restraining Hamilton, whether by himself or his servants and or agents, from “posting, printing, publishing, sharing, recording or otherwise recreating and disseminating” what he said are the defamatory statements made against him.
Like injunctions are also being sought against the other agencies.
Meanwhile, apart from those prohibiting injunctions, Figueira has also sought mandatory injunctions compelling the media outlets, whether by themselves, their servants and or agents to forthwith permanently remove the offending articles from their online sites.
Figueira has contended that because of the statements complained of, his personal and professional reputation and standing have been irreparably and severely damaged, while adding that they seem calculated to affect him as a politician and a leader in his community and country as a whole.
He has maintained that statements complained of “have no basis in fact, are malicious, grossly inaccurate and intended to deceive the public.”
Through his attorney, the claimant said that as a consequence of the statements, his “character, credit, reputation and profession” have been brought into “public scandal, odium and contempt.”
