With the Full Court divided in its finding on the appeal filed by Vice President Bharrat Jagdeo to the $20M default judgment granted against him to former government Minister Annette Ferguson that decision currently stands.
Stabroek News understands that while acting Chief Justice Roxane George SC ruled that the default judgment should stand, Justice Priya Sewnarine-Beharry’s position was that it should be vacated.
Given the split positions of the Full Court, the ruling of Justice Sandra Kurtzious who found that Ferguson was defamed by Jagdeo, stands.
This newspaper understands that Jagdeo’s lawyer Devindra Kissoon, has requested an 8-week stay of execution of Justice Kurtzious’ ruling even as there is likely to be a further appeal.
Justice Kurtzious had previously imposed the default judgment against Jagdeo, because he had failed to file his defence on time, in the libel suit Ferguson had brought against him; which this judge found did defame Ferguson, regarding certain statements he had made concerning her acquisition of land stands.
Jagdeo had filed an application seeking to set aside the judgment. Justice Kurtzious, however, had thrown out that application.
The Vice President was now hoping that the Full Court would set aside that ruling; even as he continued to seek an avenue for an opportunity to file his defence which he admitted had been out of time.
Through his attorney, Jagdeo was also seeking an Order declaring that Part 12 of the Civil Procedure Rules (CPR)—in particular Rule 12.02—violates Article 144 (8) of the Constitution.
He had argued among other things that the judge erred in law and in fact by finding that the defences he advanced to Ferguson’s claim, had no real prospects of succeeding; and also that she misdirected herself by entering a default judgment against him, without considering all the grounds of his defence, including but not limited to that of justification.
In her ruling in June of last year, Justice Kurtzious had said that contrary to advancements made by Kissoon, Ferguson’s application for a default judgment was well within the ambit of the CPR; while noting that her attorney Lyndon Amsterdam had satisfied the requirements for the grant thereunder.
Justice Kurtzious had said she found the explanations proffered by Jagdeo for not complying with filing his defence within the 28-day time period specified by the CPR, to have been wholly “unreasonable.”
Jagdeo’s excuse had been that both he and his then-attorney Anil Nandlall were busy with preparations for General and Regional Elections at the time.
The judge had said she had also found that Jagdeo’s defence contained no real prospect of success.
On this point she had noted that the “prospect” needed not be “whimsical,” but “real.” Referencing a range of case law authorities, the judge had said, too, that it could not merely be based on an arguable defence either, but that there must be contemporaneous material, other documents and evidence substantiating the defences raised.
The judge said that finding there existed material which could have put Jagdeo on notice that the statements he uttered against Ferguson would have in fact amounted to defamation, his defences of fair comment, justification, qualified privilege and his use of the Defamation Act were all irrelevant.
She had said that he did not seek to verify the truth of what he had said about Ferguson.
In those circumstances Justice Kurtzious affirmed her earlier ruling granting Ferguson the $20 million award, stating that she stands to be prejudiced by suffering financial loss and injury to her character.
She then imposed $75,000 costs against Jagdeo which was also to be paid to.
At the time, she had ordered the parties to return before her a month later for a full assessment of the quantum of damages.
Her ruling had, however, been stayed after Jagdeo filed his appeal before the Full Court.
In January of 2020, Ferguson filed a $60M lawsuit against Jagdeo—the then Opposition Leader and the Guyana Times newspaper, over what she said were libelous statements made by the two, calculated to damage her character and reputation.
In her suit against Jagdeo, Ferguson sought 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.
In her separate action against the Guyana Times which is still before the courts, the former minister is seeking damages in excess of $10M against the news entity which she said had published the alleged libelous statements made against her by Jagdeo.
Ferguson had alleged that Jagdeo had made what she said were untrue statements regarding her acquisition of land.
