High Court judge Fidela Corbin-Lincoln has denied engineer Charles Ceres an injunction he was seeking against Opposition Leader Bharrat Jagdeo, whom he has sued for libel.
Following an in-chamber hearing yesterday afternoon, Jagdeo’s attorney, Anil Nandlall, told reporters that the judge, having considered the submissions and the fact that his client has pleaded justification in a case that involves freedom of speech, ruled that she is constrained from granting an injunction “at this stage.”
According to Nandlall, the law says that once a defendant in a libel matter pleads that he will justify the statements made in the “interest of freedom of speech and in the interest of a democratic society that encourages free discussion, then an injunction should not be granted.”
In such circumstances, Nandlall said that a person should be allowed to speak freely. On the contrary, he said that if a defendant fails to establish the defence of justification at their trial then the plaintiff will naturally be awarded damages.
With the injunctive hearing having come to an end, Ceres’ matter will now proceed to trial at a date yet to be fixed.
It has always been Nandlall’s argument that as Opposition Leader Jagdeo was qualified to speak on matters of public interest, for which he would be protected by the defence of justification and fair comment.Ceres, a geotechnical engineer, filed the suit seeking damages in excess of $200,000,000 on the claim that Jagdeo distorted the manner in which he had been allocated several parcels of land.
Ceres is hoping to be granted exemplary and aggravated damages in addition to court costs to be borne by Jagdeo and any other order the court may deem just to grant.
Ceres’ suit is also against the Guyana Times and Kaieteur Newspapers, via which he says Jagdeo published the libel against him.
