Justice Fidela Corbin-Lincoln is expected to rule later today on whether an injunction will be granted to Dr. Balwant Singh’s Hospital against local social media personality Melissa Atwell, popularly known as ‘Melly Mel,’ which it has sued for over $100 million for defamatory libel.
The hospital is suing Atwell over a series of Facebook posts she made compiling complaints against it.
Apart from seeking $100 million in damages, which Atwell has called “terrifying,” the privately-owned hospital is also claiming damages for libel in a sum no less than $5 million and special damages no lower than $100,000 and any further order the court may deem fit to grant.
The medical institution (the claimant) is also seeking interest on the sums being sought and court costs to be borne by Atwell.
The hospital wants the court to declare that the specific Facebook posts which forms the basis of its complaint, which were published between June 9th and June 21st by Atwell, are all false and defamatory.
Against this background, the claimant wants the court to order Atwell (the defendant) to publish “a suitable correction and apology” on Facebook within seven days of the date of the court’s order.
In her affidavit, seen by this newspaper, Atwell is asking the court to note that in the affidavit of Dr Madhu Singh, the proprietress of the hospital, the purported falsity of the complaints that she has taken issue with “are without any particularity and thus have failed to substantiate same in even the slightest.”
Atwell swore that the complaints she received were all sent to her as messages, while noting that she has communicated with each person for confirmation of details.
According to her, while the persons are not connected to each other in any way, “it is inescapable that their stories all have common threads,” and that it was apparent that all of them spoke negatively about their experiences at that particular hospital.
She deposed that in the circumstances “the underlying facts apparently relate to medical treatment to general members of the public who seek treatment at the hospital and I am advised by counsel and verily believe the stories constitute a fair comment by persons who have a right to make public their experiences.”
According to Atwell, “the public ought to be made aware of the events… for their own information and guidance.”
Atwell further contends, “I have done nothing illegal. I have shared the stories verbatim as I have received it.”
She added that she has been advised by at least two persons and do believe that they are currently in the process of suing the hospital on the exact facts they have made public.
Atwell also said that she has been advised by her attorney that without a single particularised allegation of falsity by the claimants, “the public has a right to know and hear of the experiences at a medical facility offering services to the general public.”
Further, she said that her right to free speech and the claimants’ right to free speech militate against the grant of an injunction.
As far as she is concerned, the injunction should not be granted.
The hospital is being represented by attorney Devindra Kissoon, while Atwell is being represented by attorney Sanjeev Datadin.
Atwell has over the last few years used social media to address various issues, including domestic and sexual abuse.
