For failing to file his defence on time in a libel action brought against him, Vice President Bharrat Jagdeo has been ordered to pay former Minister within the Ministry of Communities Annette Ferguson, the sum of $20,000,000.
The judgment which was granted ‘in default of defence’ was handed down by Justice Sandra Kurtzious on March 11th, after Jagdeo failed to file his defence within the time specified in accordance with the Civil Procedure Rules (CPR).
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>Stabroek News understands that Jagdeo, through his attorneys, is in the process of seeking to have the judgment set aside.
In January of last year, Ferguson filed a $60M lawsuit against Jagdeo—the then-Opposition Leader and the Guyana Times newspaper, over what she said were libellous statements made by the two, calculated to damage her character and reputation.
The matters were conducted separately. The action against the Guyana Times is still pending.
According to the judgment entered on March 15th against Jagdeo, Justice Kurtzious noted that the default judgment was being made against Jagdeo in accordance with Part 12:01 (2) (d) of the CPR.
The effect she noted, is Jagdeo’s failure to file his defence within the time required.
The CPR demands strict adherence to timelines.
Subsection (1) of the Rule states, “where a defendant has failed to file a defence within the time required under these Rules, a Claimant may obtain a default judgment against that Defendant without a trial subject to the provisions of this Part, unless another Rule, Practice Direction or Order prohibits it.”
Subsections (2) (d) then states, “for an unspecified sum of money, default judgment may be awarded with damages to be assessed.”
The Order made by the judge notes that having read the application by Ferguson (the Claimant), and evidence adduced by her attorney, the Court made the judgment against Jagdeo to the tune of $20,000,000 which he has to pay Ferguson.
Justice Kurtzious also granted Ferguson costs in the sum of $75,000 which has to be borne by Jagdeo as well.
The court Order goes on to specify that failure to comply with the judgment will amount to contempt of court for which the defendant may be liable to imprisonment or have his assets confiscated.
Ferguson, through her attorney Lyndon Amsterdam had alleged that Jagdeo had made what she said were untrue statements regarding her acquisition of land.
In an interview with this newspaper last year following one of the hearings, Amsterdam had said that he had submitted to the court all relevant documents substantiating that his client owned a single property on only one plot of land, and not three house lots as was disseminated by the defendants.
He had said, too, that contrary to statements made suggesting that his client suddenly came into wealth after becoming a government minister in 2015, her financial records of income have been submitted to the court substantiating her income way before 2015.
The lawyer had said that in fact, his client had been able to secure a bank loan which she used to acquire the only house she owns at Eccles, East Bank Demerara for which she has legally been given title.
In court documents seen by this newspaper, Ferguson had said that she earned a salary of $695,000 monthly along with an allowance of telephone at $10,000; electricity $50,000 and entertainment $1,500.
Duty allowance was paid at $1,500, parliamentary allowance $30,000; Committee $8,289 and internet $10,000.
In her suit against Jagdeo, Ferguson was seeking damages in excess of $50,000,000 for libel she said he committed on two separate occasions—December 5th and 12th of 2019 for which she was asking for more than $25M in damages for each occasion.
Meanwhile, as regards the libellous statements she said were published by the Guyana Times, the former Minister is seeking damages in excess of $10M.
