With a finding by the Court of Appeal that he did not file his challenge to a $2.5 million defamation judgment within the time required, Commissioner of the Guyana Elections Commission (GECOM), Vincent Alexander, will now have to pay that sum to former Public Relations Officer (PRO) of the Commission, Vishnu Persaud, whom he defamed.
Persaud, who is now the Commission’s Chief Election Officer (CEO) had back in 2018 filed an action against defendants—Alexander, the Guyana Chronicle and its then Editor-in-Chief Nigel Williams for what he said was the publication of defamatory statements which caused injury to his reputation.
The then PRO had averred that the Chronicle newspaper on June 14th, 2018 published a photo of him headlined “Poor past …Alexander says Vishnu Persaud’s past performance sank him -Myers emerged the more qualified for the top GECOM post.”
Back in August of 2020, Justice Priya Sewnarine-Beharry had ruled among other things that the ordinary person reading the words used against Persaud would not only infer that he lacked the relevant qualifications for the position of Deputy Chief Election Officer (DCEO) which he sought with the Commission, but that he was involved in dishonest conduct to obtain the position.
“These statements were an attack on the Claimant’s professional reputation and amount to defamation, the Judge had said.
When the matter came up before the appellate court, Persaud’s attorneys Devindra Kissoon and Natasha Vieira argued that following the ruling of the High Court, Alexander had not filed his appeal within the six-week filing deadline stipulated by the Court of Appeal Rules.
Stabroek News understands that Justice of Appeal Rishi Persaud, before whom the matter was called, agreed with the Respondent’s argument that the appeal had indeed been filed outside of the time stipulated by the Rules; and as a result, dismissed it.
Alexander this newspaper understands, had applied for a stay of Justice Sewnarine-Beharry’s ruling, but with the matter having been thrown out for late service, and the Court having no jurisdiction there, the stay-request could not be entertained.
With no impediment to the High Court ruling, Alexander now has to pay over the $2.5 million to Persaud which Justice Sewnarine-Beharry had ordered him to do on August 18th of 2020.
Justice Sewnarine-Beharry had said that the publication of the defamatory statements tarnished Persaud’s professional and personal reputation which he garnered over the years through educational pursuits and work experience at GECOM and would have affected his ability to secure future employment opportunities.
The Judge had said that after considering the aggravating and mitigating factors, Alexander was to pay damages to Persaud to the tune of $2,500,000; while the Chronicle and Williams were ordered to pay damages in the sum of $1,500,000 jointly and severally.
Additionally, Alexander was ordered to pay costs to Persaud in the sum of $150,000 on or before September 30th, 2020.
That identical order was also made to the Chronicle and Williams.
In his appeal, Alexander had argued that Justice Sewnarine-Beharry had made a number of errors in arriving at her ruling; among them according to him, was her failure to direct her mind to evidence in his witness statement which he said was undisputed and unchallenged.
Alexander’s position is that he was not cross-examined by the Respondent on those statements and that the Judge therefore ought to have considered it to be credible evidence for consideration as a whole.
Alexander was represented by attorney Roysdale Forde SC.
