Rajendra Nath Poonai
June 1 2019
Attorney Rajendra Nath Poonai, who last week received his instrument of appointment as Senior Counsel, has filed a $45 million lawsuit against the Kaieteur News newspaper for libel, which he says resulted in defamation of his character.
Poonai’s action is in direct response to a May 23rd publication by the newspaper, which erroneously reported that he had been convicted of fraud in Canada.
The newspaper subsequently published an apology in which it stated that it had identified the wrong person as being Poonai.
In his claim, Poonai is seeking damages to the tune of $30 million for the libelous publication and an additional $15 million for exemplary and aggravated damages.
Further, he is hoping to be granted interest on the sums at a rate of 6% per annum from the date of filing his claim to the date of judgment and thereafter at a rate of 4% per annum from the date of judgment until fully paid, once he succeeds in his challenge.
In the meantime, Poonai is seeking an injunction restraining the Kaieteur News from posting, printing, publishing, sharing, reproducing, or otherwise recreating and disseminating the libelous content.
He also wants the court to grant a mandatory injunction compelling the newspaper to forthwith permanently remove the front page on which the story is prominently featured for May 23rd from its online sites.
Proprietor and publisher of the newspaper, Glenn Lall, and its Editor-in-Chief, Adam Harris, are listed as the defendants in the action.
Poonai has complained in his action of being, among other things, distressed and embarrassed by the erroneous publication on the part of the newspaper.
Describing himself as a prominent and well-respected attorney, who has been admitted to practice law in Guyana for the past 30 years, Poonai noted that he is also a patent and trademark agent.
Manager of his own law practice, Poonai & Poonai, which spans myriad areas, the claimant said he has a large clientele locally and internationally.
According to his claim, he is of the view that the erroneous publication by the newspaper was done “without justification” and he says it has caused and continues to cause significant harm and injury to “his good name, his reputation and lowers his standing in the legal, Guyanese, Caribbean and international community.”
He said it has also brought him into disrepute and lowered him in the estimation of “right-thinking members of society.”
The claimant said the publication sought to convey that he has a criminal past, which included imprisonment and that among other things he is unfit to be a Senior Counsel.
Poonai explained in his claim that from approximately 2 am on May 23rd, he was inundated with phone calls, text messages, Facebook messages, emails and WhatsApp messages from relatives, work associates and acquaintances concerning or related to the publication and the truthfulness and/or veracity of the newspaper report, which he was tasked with dispelling.
He said his law office was also forced to answer scores of calls and messages due to the inaccuracy of the headline and article.
The claimant said that the person who had actually been disbarred for fraud in Canada was a Vishnu Rajendra (Joey) Poonai, with whom he said he has no professional, close personal relationship or any association. He also said it is common knowledge or knowledge which could easily be obtained that he and Vishnu Rajendra “Joey” Poonai are two separate and distinct persons who could not have been confused as being one and the same, as the newspaper sought to advance in its apology.
Against this background, Poonai described the action by the defendants as breaching accepted principles of good and fair reporting and the standards of journalism and news reporting, while adding that this clearly shows “that there was malice, vindictiveness and a deliberate attempt by the defendants to injure and harm the reputation and good standing of the claimant and the President,” by suggesting that due diligence was not done in conferring silk on the him.
Poonai, along with four other attorneys, received their instruments of appointment from President David Granger last Wednesday.
Poonai is being represented in the action by a battery of attorneys, comprising Robin Stoby SC, Rafiq Khan SC, Stephen Fraser SC, Glenn Hanoman, Sohan Poonai, Naresh Poonai and Everton Singh-Lammy.
