Trinidad Opposition Legislator Wins Defamation

PORT OF SPAIN, Trinidad and Tobago, February 7, 2020 (CMC) – A High Court judge has warned journalists to be professional in their duties, as he awarded an opposition legislator, here, more than half a million dollars in a defamation lawsuit, brought against a now-defunct newspaper, and a political activist, who claimed she was doing her “journalistic duties” and acted responsibly.

“It cannot be that persons, who regard themselves as professional journalists, and acknowledge a professional duty to professional responsibility, would write articles, based on a document found disseminating on the Internet, without first seeking to verify its contents,” Justice Robin Mohammed said, as he awarded opposition legislator, Dr. Roodal Moonilal, TT$475,000, plus TT$69,000 for legal costs.

“While freedom of speech is a pillar of every democratic society, with this freedom comes the onus of responsibility, a responsibility that journalists ought to regard with upmost severity, particularly when articles are contained in a weekly paper,” he added.

Moonilal, a former Housing Minister, had brought the lawsuit against the Mirror Group Publication and its freelance writer, Juliet Davy, after the Mirror newspaper had published two articles, in 2016.

The judge said he found, “without hesitation”, the words contained in the two articles, published in the Mirror on May 27, 2016, and June 3, 2016, as being defamatory.

The articles had claimed that Moonilal was one of the richest people in Trinidad and Tobago, and referred to a list, published by website, imgur.com, which claimed to identify the 25 richest people, here.

Moonilal appeared fourth on the list, and his personal fortune was estimated at TT$2.58 billion.

Moonilal told the High Court that the re-publication of the erroneous information caused irreparable harm and distress to his professional reputation.

“This matter has caused me severe personal distress, over the years, in that it has put me and my family in the public domain as among the richest people in the country. I have had to pay for security at my home and to drive me, all over the place.

“I argued in the court that it could not be true, because my financial dealings are monitored by the Integrity Commission. I am one of the few people, who received certificates of completion from the Integrity Commission. The FIU (Financial Intelligence Unit) also monitors all people in public life, as well as the banking system,” he said, after the ruling.

But intheir defence, the Mirror and Davy, while admitting to the publication, denied the words were defamatory or that they contained false allegations in the form of direct statements, or innuendoes, on and concerning Moonilal.

They argued that it was a honest comment, made without malice, on a matter of public interest, premised on Moonilal’s being named on the list.

Davy only said she was doing her “journalistic duties” and acted responsibly.

But Justice Mohammed said the words published “undoubtedly created the impression” of Moonilal being a politician, who had amassed unexplainable wealth, within a short space of time, and at a time when he was a parliamentarian and not a businessman or heir to a throne.

“It leaves the impression, on the minds of ordinary readers, that the claimant, as a politician, is of a corrupt nature or how else would he explain such wealth.”