Photographer Keron Bruce has lost a $150 million lawsuit he had brought against social media personality Mikhail Rodrigues, popularly known as “Guyanese Critic,” whom he said had defamed him.
Declaring that they had failed to prove their respective cases, High Court Judge Navindra Singh in a ruling delivered earlier this month, threw out both Bruce’s claim as well as a counterclaim which Rodrigues had filed.
The main thrust of Bruce’s complaints surrounded allegations he levelled against Rodrigues for claiming that he (Bruce) is the online persona “Mud-wata;” who at the time was being sought by police.
Bruce had deposed in his action that Rodrigues had made several false and defamatory statements about him during a Facebook live post which attracted more than 33,000 views.
Contrary to the general principles of pleading a case, however, Justice Singh said in his ruling that Bruce’s pleadings in no way illustrated how or why it was defamatory to be identified as “Mud-wata.”
In the written ruling seen by this newspaper, Justice Singh said that this, coupled with the fact that Bruce was the only witness in support of his claim, his “case is deficient in both pleading and evidence.”
The Judge said that because of this, the Court was unable to make a determination as to whether Bruce suffered any harm to his reputation by Rodrigues stating that he was “Mud-wata;” or whether being identified as such would have a substantially adverse effect on the way persons treated him.
Meanwhile, regarding Rodrigues’ counterclaim in which he alleged Bruce as the assumed character “Mud-wata” labelled him a homosexual, Justice Singh said that this claim could not stand, because Rodrigues was unable to establish that Bruce and “Mud-wata” were one and the same.
Justice Singh said that with Bruce denying that he ever was “Mud-wata,” the Court needed to first determine whether Rodrigues had established on a balance of probabilities that Bruce was that persona.
Referencing the case for Rodrigues, Justice Singh said that his sole evidence was that he and Bruce had had a conversation sometime back in 2017, during which he alleged Bruce said that he wanted to create a cartoon character by the name “Mud-wata.”
The Judge again noted Bruce’s denial of being “Mud-wata;” underscoring further that while Rodrigues spoke of a third person being present during that conversation, that person was not called as a witness.
Justice Singh said that Rodrigues was the only person in support of his claim and he did not provide any evidence linking Bruce to the YouTube channel “Guyana Uncut,” where the “Mud-wata” character appears/broadcasts.
The Judge said that Rodrigues did not provide any evidence linking Bruce to the publication of a song which he complained was defamatory to him.
In all the circumstances, the Court said it found that Rodrigues had failed to prove his case on a balance of probabilities.
Consequently, Justice Singh said it was unnecessary to determine whether or not the words complained of were in fact defamatory, since it could not be established that Bruce published them.
Against that background, both the claim and counterclaim were dismissed.
No orders as to costs were made.
Background
Through his attorneys Anastasia Sanford and Tamieka Clarke, Bruce had said that the statements he alleged Rodrigues made, had caused irrevocable damage to his reputation and had subjected him to public ridicule, contempt, hatred and embarrassment and had brought his career into disrepute.
Bruce (the Claimant) said that his 16-year-old son was also suffering, and had been the recipient of ridicule as well as bullying from his peers.
According to the Claimant, because of the statements, he was immediately suspended from his duties as a photographer with the Miss World Organization, while stating that his reputation is critical to his profession as a photographer.
He had said that the statements have no basis in fact, were malicious and grossly inaccurate.
Bruce said he was concerned that those statements could cause the police to lay a charge against him; while adding that he is fearful, since Rodrigues has said he would show up at his (Bruce’s) house to do a live video reiterating that he (Bruce) and ‘Mud-wata’ are one and the same persons.
Bruce had said that the alleged statements were calculated for Rodrigues to gain followers and increase his views for monetary gains, but advanced that they may also create apprehension in the public at large and reputable organizations such as the Miss World Organization, towards him.
Bruce had said that he was so fearful for his life that he had hired a 24-hour security service for himself and family.
He was asking the Court to specifically declare the Facebook posts made by Rodrigues to have been defamatory and wanted him to publicly apologize.
In addition, he was also asking the Court to grant a permanent injunction restraining Rodrigues—whether by himself, representatives, and agents or otherwise—from publishing or causing to be published the statements; or anything similar thereto.
Bruce wanted special damages of not less than $100,000,000 and damages for libel of not less than $50,000,000; as well as aggravated and exemplary damages of no less than the same amount.
He was also asking for costs.
He got none of the reliefs sought.
