Damages reduced on appeal in Panday libel case

Former Trinidad Prime Minister
Mr Basdeo Panday

Monday, November 3, 2003

PORT-OF-SPAIN, Trinidad: In a majority decision (Sharma, CJ dissenting), the Trinidad Court of Appeal on Friday reduced the amount of damages awarded against former Prime Minister Basdeo Panday for defaming the head of a media company by calling him a "pseudo-racist."

The majority judgment ruled that damages of $600,000 originally awarded by the trial judge were too high and ordered Panday to pay $50,000.

In his minority opinion, Chief Justice Sat Sharma awarded former CCN chairman Ken Gordon $100 as nominal damages. In doing so, the Chief Justice pointed out that under cross-examination at the trial, Gordon said he brought the libel action "to teach the Prime Minister a lesson" and that was why he refused to take action against other media houses who published the alleged libel. 

The Chief Justice went on to say, "it could be said that this reflects a touch of arrogance which is contrary to the public policy behind compensation for defamation. The public policy underlying awards of damages is premised on the bona fides of the plaintiff and the legitimate need for self-vindication." 

"The courts are very cautious of using damages as a punitive deterrent because of the potential 'chilling effect' on free speech," he added.

CJ Sharma said Gordon's case bordered on an abuse of the process of the court. "Moreover, it does nothing to enhance his widely acclaimed title 'Champion of free speech, and freedom of the press.'" 

Dr Fenton Ramsahoye SC and Anand Ramlogan appeared for Panday, while Douglas Mendes and Vanessa Gopaul represented Gordon. Dr Ramsahoye informed the court that he intends filing an appeal to the Judicial Committee of the Privy Council on Panday's behalf. 

Following the court's decision, Panday confirmed that he will be going to the Privy Council. "Thank God for the Privy Council," the UNC political leader added. 

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