For failing to file its defence on time in the more than $100 million libel suit brought against it by former President David Granger, the Kaieteur News (KN) has been sanctioned and ordered to pay costs in the sum of $150,000.
Additionally, a ruling on a default judgment against it has been reserved.
Counsel for the newspaper company—Shaunella Glen—told Justice Naresh-war Harnanan during a virtual hearing yesterday that she had been belatedly retained by the KN.
She said she had only received the files in the matter late on Monday, and with Tuesday being a public holiday was unable to prepare a defence in time for yesterday’s 9am hearing; though she said it was in the process of being prepared.
In the circumstances, she asked for an extension of time to file the defence on behalf of her clients—National Media and Pub-lishing Company which publishers the KN, its Editor-in-Chief Sharmain Grainger and owner Glenn Lall.
To her plea for relief from sanction, however, Justice Harnanan denied the attorney’s request, stating that the Court was not satisfied with her excuse for the late filing of the defence.
He said that while the defendants may have been tardy regarding the conduct of their case, regard had to also be given to the fact that the statement of claim (SOC) was filed and served months ago.
For not filing the defence, Senior Counsel Roysdale Forde who represents Granger, made an application for a default judgment against KN which the judge said he will reserve until the substantive claim brought by Granger would have been fully heard and determined.
Meanwhile, the cost imposed upon the newspaper company has to be paid no later than November 10th, 2021—by which time its defence is also to be filed and served.
Thereafter, the court will convene a case management conference (CMC) for the hearing of the claim.
Granger has filed a $2.6 billion lawsuit against dailies— KN, Stabroek News, and the Guyana Times, which he says have all besmirched his character through letters published by communications specialist Christopher ‘Kit’ Nascimento.
In his action Granger said that Nascimento, accuses him of attempting to defy the will of the people in the March 2nd, 2020 Elections.
The former president said that the statements, which he described as libelous by Nascimento, were published by the Guyana Times on May 23rd last year, both in its print and online versions.
He is seeking in excess of $100 million jointly and severally against the Guyana Times and its Editor-in-Chief Tusika Martin.
He then seeks damages in excess of $50 million against Nascimento whom he said also libeled him on June 5th, 2020, through the online news platform INEWS.
The Claimant deposes in his SOC that Nascimento on June 5th last, libeled him through a certain publication by the Kaieteur News in its print and online editions. Against them he is seeking more than $100 million in damages.
Against the Stabroek News, the former president is also seeking damages in excess of $100 million jointly and severally also, against the newspaper and its Editor-in-Chief Anand Persaud, which he said published letters written by Nascimento.
Granger said that on June 20th of last year, the Stabroek News published a letter in its newspaper and on its website, written by Nascimento, titled `David Granger is without shame in continuing to defy the will of the people.’
The former president said that because of the alleged libel, his “personal and professional reputation and standing has been irreparably and severely damaged” and that the publications “were intended to and calculated to affect” him as a politician and a leader in the community and country “with a view of lowering him in the estimation of right thinking persons.”
He argues, too, that the effect of the publications were intended to and calculated to damage his reputation and expose him to “unwarranted hatred, ridicule, vilification and contempt,” and to also disparage his record as President and as an honest person.
The former president said that the publications have caused him to suffer and he continues to suffer “financial injury, constant distress, humiliation, embarrassment, indignity, pain and suffering.”
