FROM THE GUYANA TIMES

The Appeal Court tripled a judgment against Kaieteur News Publisher Glenn Lall after he had appealed a lower court decision to award Neurologist and medical practitioner, Dr Walter Ramsahoye $15 million for libeling him back in 2000.

At the time Kaieteur News was a weekly publication. According to court documents seen by this newspaper Justice of Appeal BS Roy and Justice Diana Insanally, in a majority decision, set aside the award of damages in the sum of $4.5 million and increased the amount to a whopping $15 million in the libel suit filed by Dr Ramsahoye, against Lall and his media outfit the National Media and Publishing Company, for “offending” words that were published in its January 21, to February 10, 2000, weekly edition of the newspaper.

Senior Counsel Rex Mc Kay represented Ramsahoye and argued in the High Court that the defamatory words contained an unrestrained and virulent attack upon the character, reputation and competence of Dr Ramsahoye as a medical practitioner, who has won distinction in his field. The attorney further stated that the $4.5 million that was awarded by Justice Rishi Persaud in the High Court was derisory and a denial of justice having regard the severity of the libel.

Attorney at Law Khemraj Ramjattan represented the publishers and defended the defamatory publications in the lower court. The defence had pleaded fair and bona fide comment on matters of public opinion which the trial judge found were defences unknown to the law. They also argued that the words published were not defamatory and were a responsible exercise of their constitutional right to freedom of expression.

Editor-in-Chief of the newspaper, Adam Harris, testified during the proceedings on behalf of the defendants and told the court that the publications were fair comments of public importance and generally fair. He added that the comments were accurate and were justified.

However, Dr Ramsahoye claimed that the publications were deliberately contrived to abuse the freedom of the press to his detriment and as a result he was greatly injured and disparaged in his character, reputation and profession as a medical practitioner. The doctor further stated he was also brought into public ridicule, odium and contempt and suffered great distress and humiliation and was lowered in the estimation of right thinking members of society.

The lawsuit was filed after the newspaper published cartoons and used the terms “Demi God” and “peerless”. It also depicted the doctor as gloating about his achievements and basing the reputation of great doctors on the number of distinguished patients “who die under their care”.

The trial judge found the full text revealed that the words were unprovoked and unlawful injury to the character and reputation of the doctor and he was effectively demeaned and humiliated in the eyes of the public. The judge further stated there was injury to his feelings and he was painted as incompetent.

The trial judge asked what other conclusion can one come to when a word such as “dictator”, and phrases as “madness knows no bounds”, “indeed whom the gods wish to destroy they first make mad”, and so on were used in relation to the Plaintiff. Particularly disturbing was the reference to him being childless.

The judge then found that the evidence of the defendants showed no remorse and their insistence of justification, fair comment and accuracy was outrageous. He pointed to the fact that there was also no apology.

In handling down the $4.5 million award, Justice Persaud took into account that Kaieteur News was not a daily publication at the time and was not available on the Internet. He also considered the socio-economic realities in Guyana at the time. The Court was further mindful of the fact that it was the highest award in Guyana and the potential of an award to inhibit responsible journalism and even economically ruin a publisher. The defendants subsequently appealed the trial judge’s findings on libel however in the Court of Appeal, Ramjattan conceded that the published words were libelous but said that the damages awarded in the sum of $4.5 million were too high.

But the majority of the Court of Appeal found that the findings of the trial judge justified a higher award and the doctor had given distinguished service and the case was without precedent.

The doctor had 32 years standing with various degrees, his qualifications were impressive and his Giglioli award recognised his personal sacrifice and dedication to the practice of medicine. It also recognised his supremacy in diagnosis his obsession with perfection and his abiding sense of civic responsibility.

Justice of Appeal Yonette Cummings-Edwards gave a dissenting judgment and while she did not lower the High court award, she did not increase the award. The court of Appeal ordered Costs to be taxed unless agreed