NY COURT ISSUES HORSE KICK FOR BOBBY: JAGDOE SIDEKICK
SAY YOU HEARD IT FROM ASJ FIRST WHEN YOU READ IT MAYBE IN TOMORROW'S NEWS PAPER
NY COURT ISSUES HORSE KICK FOR BOBBY: JAGDOE SIDEKICK
SAY YOU HEARD IT FROM ASJ FIRST WHEN YOU READ IT MAYBE IN TOMORROW'S NEWS PAPER
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Bad News is bad news for the New Guyana Pharmaceutical Corporation. A New York Judge, Judge Kenney, has ruled that Kaieteur News has every right to publish what it did about the New GPC. Judge Kenny ruled that as a preliminary matter, New GPC failed to make any showing that the articles published by Kaieteur News International โconstitute fault as judged by, at a minimum, a negligence standard.โ For this reason alone, New GPC failed to make a prima facie showing. The New York Court denied Bobby Ramroopโs outfit its preliminary request and asked that the parties appear in court on January 9th 2014. In this action the New GPC) sought damages for alleged defamatory statements made by defendant Kaieteur Newspaper Inc. (KNI) in its New York newspaper, the โKaieteur News.โ New GPC now moved for partial summary judgment on liability on the portion of its complaint alleging a cause of action for libel against defendant. Judge Kenny ordered that GPCโs motion for partial summary judgment be denied in its entirety.
The Judge noted that GPC brought up cases that had no relevance since this was a media outlet challenging in the public domain the work of a private corporation. Thus, as the alleged defamatory statements are a matter of public concern, particularly for Guyanese nationals residing in New York, New GPC was required to make a prima facie showing of gross irresponsibility resulting in a defamatory falsity the court ruled In addition the New GPC failed to submit any documentary evidence substantiating its then Company Secretaryโs conclusory statements that Kaieteur News had committed libel. For instance, New GPC fails to submit invoices, bank statements, or evidence of prevailing market rates for the pharmaceuticals, to support New GPCโs conclusion that the newspaperโs statements were false. Nor does New GPC make any showing of gross irresponsibility concerning Kaieteur Newsโ published statements. The court noted that the basis of the articles themselves make several references to the Guyanese โgovernmentโ and its โcorrupt practices,โ the governmentโs collusion with New GPC in โshady procurement practices,โ and the resulting โ`direct threat to the health and well-being of the people of Guyana.โ The articles also suggested ties between New GPCโs owner and the former president of Guyana. In cases involving a media defendant the Judge noted that โwhere the plaintiff is held to be a private figure and the topic of the article is a matter of public concern . . ., the plaintiff is required to prove gross irresponsibility. In determining whether the alleged defamatory statement is a matter of โlegitimate public concern,โ the content of the statement must be โviewed in the context of the writing as a whole, and not as disembodied words, phrases or sentences,โ and โCourts must examine their content, form, and context.โ Furthermore, โabsent clear abuse,โ the court โdefers to the news editorโs determination of whether the portions of the article to which plaintiff objects are reasonably related to matters warranting public exposition, the court determined. Kaieteur News has relentlessly pursued allegations of corruption in Guyana and has come under fire from the Government and its supporters for its position.
WHATTAXXXXX!!!!!!!!!
Now look for all those PPP/C soup drinker goes into hiding.
Wait until Jagdoe comes under the scrutiny of the NY Court System.
They think how they dominate the Guyanese society they can do same in America.
For weeks I have been following Kaieteur News revelatory series, THE HEIST OF GUYANA....
Evidently, KN did due diligence in its investigation before publishing its findings.
Bobby Ramroop's newspaper Guyana Times has reacted with its own series. Instead of rebutting KN's revelations, however, G Times is showing what it believes are Glen Lall's illicit activities.
The New York court decision is a moral boost for Kaieteur News.
For weeks I have been following Kaieteur News revelatory series, THE HEIST OF GUYANA....
Evidently, KN did due diligence in its investigation before publishing its findings.
Bobby Ramroop's newspaper Guyana Times has reacted with its own series. Instead of rebutting KN's revelations, however, G Times is showing what it believes are Glen Lall's illicit activities.
The New York court decision is a moral boost for Kaieteur News.
Mr Glen Lall has his history. The fact is Bobby/Jagdeo raped the taxpayers' money for personal enrichment.
Put Lall versus Bobby Ramroop and look at the Auditors Report of New Guyana Pharmaceutical Company dealings of drugs supplies to the Georgetown Hospitals. One would be amazed of the Billions of Dollars
that seems to be not balancing up.
Did Donald Ramotar knows of the fraud that seems to be going on. Is his eyes shut when there is a business dealings with the New GPC
Methinks the he is as well culpable.
The United States of America should revoke the Visas of all the PPP/C gang that is robbing the poor Guyanese and who has been parcelling out Guyana and give it out on a platter for a few pieces of eight.......The Judases of Guyana.
Bharrat Jagdeoโs best friend Dr. Ranjisinghi โBobbyโRamroop, who owns New Guyana Pharmaceutical Corporation (GPC), has lashed out at the Auditor General of Guyana over the discrepancies raised in his 2012 reports. Ramroop yesterday accused the Audit Office of โsloppy fieldwork by junior officials in the Office of the Auditor General.โ But the Auditor General found among other things that there were several million dollars worth of drugs still to be supplied by Ramroop. These drugs were part of the more than US$15M worth of drug contracts Ramroop received from the Ministry of Health and the Georgetown Public Hospital Corporation (GPHC).
An NY court ratified what the Guyanese people have been saying for years now, that the PPP are the biggest tiefmen around.
AFC Councillor, Haseef Yusuf
Nothing that the Alliance For Change (AFC) does or will do in the future will ever surprise me again. There is a saying that you only know someone when you deal with him. If I had not dealt with certain executive members of the AFC, I would still be singing their praises.I knew from the inception that Nigel Hughes would rescind his resignation because in the end, when you are in the same boat, you will never want to part company with your compadres. The โtop gunsโ in the AFC need each otherโs support badly. They complement each otherโs corrupt practices, as they try to outsmart their members and supporters.
However, recently there was a desperate attempt to get rid of me by the National Executive Committee of the AFC since I am not part of the corrupt โjahaajiโ network. They sent a message with an AFC Region 6 Councillor that if I am not pleased with the current policies and actions of the party then I should resign from the party and as an AFC Councillor. I told that Councillor in no uncertain terms that if the AFC is not pleased with my stance against cronyism and corruption and my promotion of national development, then they should expel me and furthermore, it is the corrupt ones within the AFC who should resign!
Ironically, it was the same Councillor who submitted exhaustive evidence of cronyism and corruption against an AFC MP at an inquiry, who claimed that he spent in excess of $4.5M on โbiganโ and โcurassโ. That was a โwhitewash inquiryโ and even the Chairman of that inquiry, the then General Secretary Mr Sextus Edwards, was not aware of the press release which concluded that the entire episode was one of โmisunderstanding and miscommunication.โ You cannot go against your own kind!
Subsequently, there was numerous evidence of corruption but I no longer have the resolve to bring it up. It was simply a case of you cannot fight the Devilโs case in Hell!
I will just itemize a few instances:
- Certain top members of the AFC will go abroad (Canada, USA) and members in the diaspora will hold fund- raisers and give monies collected to these members who will not submit the same in its entirety since proper accounting records are not kept. I was utterly shocked when the unaudited financial statement for 2012 showed that in one year the AFC only collected $22,087,500 from its chapters in the UK, Canada, USA, etc. During the 2011 campaign alone; one of the chapters in Canada sent $55,000 Canadian or $11,000,000 (Guyana dollars). I have evidence of this.
- Certain top AFC members will collect donations and not make any recordings in any receipt book or any document whatever.
- Monies are being spent with no proper bills or vouchers;
- positions are given to cronies and those who donate a lot.
- I saw a top AFC member collect monies and issue a receipt but on looking closer I saw that there was no carbon sheet, hence no duplication made. How was the balancing done?
- Everything was donated for a fund-raiser in Berbice and it made a loss!
- On Election Day 2011, food and drinks were diverted to some AFC membersโ homes for their private use while some AFC polling agents went hungry;
- During the 2012 AFC convention, a motion was passed for AFC groups to bank all monies collected in a party account, this was never done. In fact, it was I who raised that motion which was unanimously passed. So much for accountability!
- During the 2011 elections there were three factions in Berbice and all were accusing each other about theft, mismanagement and corruption, but no investigation was done. The leaders of the AFC cannot afford to โrock the boat.โ
- During the AFC 2012 convention, members were specifically instructed not to vote for the former General Secretary but to vote in favour of David Patterson. This also happened in the case of Moses Nagamootoo and Mrs. Punalall.
- Article 15(9) of the AFC Constitution stated that the National Executive Committee shall appoint an auditor annually yet the AFC presented an unaudited and inaccurate financial statement at the AFC 2012 Convention. There is no shortage of accountants and auditors within the AFC, so why no audited accounts?
- The financial statement which ended on February 2012 showed a surplus of $464,643 yet members were told after the 2011 Elections that the AFC owed Mrs Cathy Hughes a sum in excess of $ 7,000,000 and that the AFC MPs will have to make contributions towards offsetting that liability. How can there be a surplus when monies are owed? In other words, there were no bills to support the spending of $ 7 million! The financial statement did not speak of any liability! Here is a party that is preaching accountability but is utterly devoid of that concept in its internal dealings.
Is this the party that wants to run this country? It seems as if the worst from the PNC and PPP formed the AFC; not the best as I had believed! Mr Ramjattan himself told me that if the AFC had won the elections, there would have been โmurderationโ among members for positions. But it would have also been โmurderationโ to fill their pockets! Imagine all the political blackmail that is going on now with the intention to fill some of the AFCโs โfat catsโ pockets! Come on Ramjattan, make the โright turnโ or resign! You cannot allow your โboysโ to continue their corrupt tendencies! But then can you afford โto rock the boatโ?
Is it wrong for me to speak out about the very things the AFC is preaching in public about? Should I keep my mouth shut, turn a blind eye and pretend that all is well within my party?
I believe in what the Great Mahatma preached- do not be afraid to speak out against corruption even if you are alone. History will judge and absolve me for speaking out against cronyism and corruption within my party. I will have to clean my house before I clean my neighbourโs. Let us remove the โbeamโ from our own eyes then we can see to remove the โspeckโ from our brotherโs.
- Publications were in public interest, not mere gossip
In a huge slap to New GPC in its libel cases filed against Kaieteur News Inc. (Publishers of Kaieteur Newsโ New York Edition), a Supreme Court Judge in Manhattan, New York, Justice Joan Kenney, ruled that the New Guyana Pharmaceutical Corporation (New GPC) never established that it was libeled.
The lawsuit involved reports published by Kaieteur News and highlighting the questionable pricing policy for drugs purchased by Government from New GPC.
Filing the claim for libel was Company Secretary Paul Stanislaus Braam on behalf of owner of New GPC, Dr Ranjisinghi โBobbyโ Ramroop.
The action filed both in Guyana and the US, was intended by New GPC to stop media probes into the deals that Ramroopโs New GPC had made with Government.
Judge Kenney, in a decision handed down November 4, said that New GPC failed to present evidence to show that Kaieteur Newspaper Inc. (KNI), a New York-based sister company of Kaieteur News, deliberately published false information regarding the prices of the drugs.
Dr. Ranjisinghi โBobbyโ Ramroop is a close friend of former President Bharrat Jagdeo. His company has controversially been granted sole sourcingโthe single rightโto supply billions of dollars in drugs to the Ministry of Health and the Georgetown Public Hospital Corporation.
Judge Kenney noted in her ruling, โHere, it is undisputed that KNI is a media defendant, and that Kaieteur News published the statements alleged by New GPC.
โIt is also undisputed that Kaieteur News โis widely circulated and read in the Guyanese immigrant community in New York and elsewhere.โ
โMoreover, according to the complaint, the overcharging, โprice gouging,โ and โcorrupt[ion]โ renders New GPC โan unworthy supplier of pharmaceutical to the Guyanese government.โ
โThe articles themselves make several references to the Guyanese โgovernmentโ and its โcorrupt practices,โ the governmentโs collusion with New GPC in โshady procurement practices,โ and the resulting โ`direct[] threat[ to] the health and well-being of the people of Guyana.โโ
โThe articles also suggest ties between New GPCโs owner and the former president of Guyana.
The defamatory statements alleged by New GPC do not constitute โmere gossipโ and they are not โdirected only to a limited, private audience,โ which would support the conclusion that they involve a โpurely private concern.โ Huggins, 94 NY2d at 302-303 (internal quotation marks and citations omitted).
โRather, the statements involve New GPCโs alleged collusion with the Guyanese government, and the use of โtaxpayerโ funds to subsidize New GPCโs alleged price-gouging scheme (Complaint, ยถ 27 and exhibit C), thereby clearly relating to matters of โpolitical, social, or other concern of the community.โ
A series of articles published in June last year and focusing on the unusually high prices caused Ramroop to run to the courts claiming libel.
These claims were made against Kaieteur News and its New York edition in which some of the stories were published.
In its action filed in New York, New GPC sought damages for alleged defamatory statements made by the New York edition. The drug company wanted partial summary judgment for the non-existent libel.
One of the articles involved statements by Dr. George Norton, an Opposition parliamentarian. Judge Joan Kenney quoted extensively from the article in which Norton featured.
Norton reportedly questioned how Government paid money for drugs that could have been obtained far cheaper locally.
According to the Judgeโs decision, both lawyers for Kaieteur and New GPC disagreed who had the burden of proving the truth or falsity of the alleged defamatory statements. Kaieteur News argued that New GPC must satisfy its burden of proving the falsity of the alleged defamatory statements, as it made statements of public concern.
Lawyers for the newspaper also argued that New GPC failed to provide evidence to support its claim.
Judge Kenney pointed out that in cases involving a media defendant, where the plaintiff (New GPC) is held to be a private figure and the topic of the article is a matter of public concern, the plaintiff is required to prove gross irresponsibility resulting in a defamatory falsity.
In determining whether the alleged defamatory statement is a matter of โlegitimate public concern,โ the US court said that the content of the statement must be โviewed in the context of the writing as a whole, and not as disembodied words, phrases or sentences,โ and โCourts must examine their content, form, and context.โ
โIt was not contested that the New York edition published the articles, nor that the newspaper was widely circulated and read in the Guyanese immigrant community in New York and elsewhere.
โAccording to New GPC, the news reports using words like โoverchargingโ, โprice gouging,โ and โcorruptionโ had the possibilities of causing it to become โan unworthy supplier of pharmaceutical to the Guyanese government.โ
The court found that defamatory statements alleged by New GPC do not constitute โmere gossipโ and they are not โdirected only to a limited, private audience,โ which would support the conclusion that they involve a โpurely private concern.โ
The judge made it clear that the reports by the newspaper point to public interest being involved. โRather, the statements involve New GPCโs alleged collusion with the Guyanese government, and the use of โtaxpayerโ funds to subsidize New GPCโs alleged price-gouging schemeโฆ, thereby clearly relating to matters of โpolitical, social, or other concern of the community.โ
New GPCโs former corporate secretary, Paul Braam who claimed that the statements that the reports were false, failed to submit any documentary evidence contesting the report by the newspaper that the prices of the drugs were too high.
โFor instance, New GPC fails to submit invoices, bank statements, or evidence of prevailing market rates for the pharmaceuticals, to support New GPCโs conclusion that KNIโs statements were false. Nor does New GPC make any showing of gross irresponsibility concerning KNIโs published statements. Accordingly, New GPC fails to make a prima facie showing.โ
Judge Kenney ordered that New GPCโs motion for partial summary judgment be denied, in its entirety, and that both parties appear in court again on January 9, 2014.
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