CCJ rejects Walter Ramsahoye’s appeal for higher award
Kaieteur News
Publisher Glenn Lall
The Caribbean Court of Justice (CCJ) yesterday upheld the appeal by Glenn Lall and National Media and Publishing Company Limited (Kaieteur News) against the majority decision of the Guyana Court of Appeal to award Dr. Walter Ramsahoye the sum of $15 million as damages for libel.
Lall and Kaieteur News (the Appellants) through their lawyers Sanjeev Datadin and Stephen Singh won a landmark decision in libel claims in the Caribbean.
In Guyana the High Court presided over by Justice Rishi Persaud had awarded $4.5 M in damages to Dr. Ramsahoye for libel published in Kaieteur News some two decades ago. The publications were in response to Dr. Ramsahoye’s arrogance as Head of the Guyana Medical Council.
In the wake of the award, Dr. Ramsahoye expressed his dissatisfaction. In fact, even before Justice Rishi Persaud’s award, Ramsahoye had proclaimed that he would not be satisfied unless he was awarded $100M. That prompted his move to the Guyana Court of Appeal.
He boasted of the ties he shared with some of the Judges in the Caribbean Court of Justice and was satisfied that he would be granted his desires. In the lower court he was represented by Attorney Peters.
In the Guyana Court of Appeal he was represented by Senior Counsel Rex McKay.
Ramsahoye was represented by a battery of seven lawyers lead by former Trinidad Attorney General Anand Ramlogan SC at the Caribbean Court of Justice.
Ramsahoye had complained of certain publications in Kaieteur Newspapers between January 21, 2000 and February 10, 2000 that referred to him in disparaging terms. The publications resulted in Ramsahoye bringing legal proceedings against Lall and his newspaper company.
Dr. Ramsahoye complained that the articles referred to him as being, among other things, a dictator at the Guyana Medical Council, had an elevated sense of importance and that he held himself out as being qualified outside his professional expertise. The complaints resulted in lengthy legal proceedings. However, by the time the dispute reached the CCJ there was no dispute as to the legal liability but both sides vigorously disputed the quantum of damages.
The High Court had awarded Ramsahoye the sum of $4.5M as damages but upon the appeal, the majority of the Court of Appeal increased the award to $15M.
When the appeal was first being heard the Appeal Court comprised Justice B.S. Roy, Justice Yonnette Cummings-Edwards and Justice Rabi Sukul. Justice Sukul was to resign before the matter was determined. This allowed Justice Dianne Insanally to replace him.
That court granted a majority decision. Madame Justice of Appeal Cummings-Edwards dissented. The majority of the Court of Appeal also made an award of aggravated damages.
Dr .Walter Ramsahoye
And immediately, Kaieteur News moved to the Caribbean Court of Justice where Datadin submitted that Ramsahoye had demonstrated no loss suffered and that there was no demonstrable reason for the majority of the Court of Appeal to vary the award of damages made by the High Court. The CCJ in a unanimous decision agreed with Datadin.
The CCJ was of the opinion that the majority of the Court of Appeal (Justice Roy and Justice Insanally) were incorrect to vary the award made by the trial court in circumstances where there were no exceptional circumstances to so do.
The CCJ agreed with Datadin that the Court of Appeal could not simply substitute its own award for that of the trial Court without good and substantial reasons and that the award of the Trial Court was an erroneous estimate of the appropriate damages that should be awarded or based on an error of law.
The CCJ upheld the appeal by Lall and Kaieteur News and dismissed the cross-appeal filed by Ramsahoye. The Court also awarded Lall and Kaieteur News their legal costs of the appeal.
The decision of the CCJ was delivered by video-link to the Court of Appeal building in Guyana where most of the parties were whilst the Judges were in Trinidad at the seat of the Court.
In an invited comment, Datadin said he was pleased with the decision, that it represented the first libel case heard in the CCJ.
He said, “This is the first libel case heard by the CCJ so I guess this one will be the benchmark by which all cases that follow will be pursued and adjudicated upon.”
He added that it was pleasing that the Court dealt with the issues and even mentioned that the advantage their proximity to Guyana and understanding of the Caribbean region, played a part in their deliberations.
Lall said that he was pleased with the decision and felt that justice was served. He noted that this was his first experience in the CCJ and that he was very pleased with the way the system worked especially with the speed with which the matter was attended to.
The publisher also expressed gratitude to his legal team. But Dr Ramsahoye was most unhappy. His dream had collapsed even as his initial award has now diminished in value since the time of his award.
Further he is now saddled with legal costs that could make him rue the day he refused the award by Justice Rishi Persaud.
