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Legal News from the Caribbean as of
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Antigua Barbuda defamation lawsuit partly settled by mediation
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| Published on Thursday, September 3, 2009 | Email To Friend Print Version
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ST JOHN’S, Antigua -- Following the recommendation for mediation by the Master of the Court involving a suit in which Leader of the Antigua Labour Party, Lester Bird, and Chairman and Deputy Leader of the party, Gaston Browne, filed a writ against Prime Minister Baldwin Spencer claiming defamation, the mediation process commenced on Tuesday and resulted in a settlement between Spencer and Browne. The claim by Bird however was adjourned to October.
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Antigua and Barbuda Prime Minister, Baldwin Spencer.
AFP PHOTO |
The law suit was prompted by allegations made by Spencer to the effect that both Browne and Bird stole monies from the state and stashed the proceeds away in foreign bank accounts in the Isle of Man and Switzerland and that both Browne and Bird had filed injunctions to stop government investigators from enquiring into their accounts.
Browne, in his summary to the court appointed mediator, Veronica Thomas, asserted that his reputation was badly damaged by the prime minister’s allegations and that the allegations were widely used in his constituency to discredit him among electors just prior to the 2009 polls.
He argued that he never filed any injunction against anyone, private or public and that he does not own any foreign bank accounts corporate or otherwise other than a student account with HSBC in London, which has been dormant since the early 1990s. He went on to say that he has no cash whatsoever other than a savings account at ABI Bank with EC$78 and that he has been operating an overdraft of EC$50,000 with ABI Bank for the past several years.
Spencer, in his response, admitted that he had no evidence to support his allegations and agreed that the comments were fabricated and should not have been attributed to Browne and agreed to a settlement as follows:
• An apology and retraction of the slanderous statement by September 16, 2009
• Damages in the amount of EC$10,000 plus another undisclosed sum
• Payment of costs
Browne said that he was very happy with the outcome and that he would be utilising all of the proceeds to provide two scholarships to two of his constituents to pursue university education.
When quizzed as to why he was cooperative with the PM and did not insist on going to court or a larger settlement, he remarked that it is the principle of clearing his name, maintaining his integrity that is most important to him and that the statement alone under normal circumstances would have been sufficient but because of other considerations, which he declined to disclose, he opted for a moderate settlement and an apology.
Attorneys Leon Chaku Symister and Len Johnson, who appeared on behalf of Spencer and Crusader Radio respectively, both conceded that, in the absence of any such evidence, the allegations of Spencer are clearly slanderous.
Spencer’s attorney agreed to a process of mediation rather than opting to go to trial. | | | | Reads : 1097 | | | |
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