-awarded $700,000
The state-owned GNNL, publishers of the Guyana Chronicle, has been ordered to pay $700,000 in damages to former Mayor of Georgetown, Ubraj Narine along with $200,000 in costs.
The decision was handed down by Justice Nicola Pierre on October 22nd 2024 following a one-day trial on August 28th 2024.
Narine had sued the Chronicle over an August 29, 2023 report in which former Mayor Patricia Chase-Green was reported as having made derogatory remarks about him. It was revealed during the court proceedings that Chase-Green’s remarks had been actually directed at another Narine, the Solid Waste Director Walter Narine. The Chronicle had however reported that the remarks pertained to the former mayor, Narine.
In her judgment, Justice Pierre found that the words complained of were defamatory of Ubraj Narine. She then addressed the Chronicle’s defence of privilege under Section 14 of the Defamation Act. The judge posited that the section of the Act that addresses privilege establishes the condition of “fair and accurate” reporting.
She pointed out that the report was not accurate and then addressed the issue of fairness. Citing several precedents and the testimony of the reporter before the court, the Judge said: “From the testimony and the articles tendered it is clear that there was very little done to verify the accuracy of the statements, the gist of the Claimant’s side of the story was not presented, and the tone of the article was to present the allegations as if they were fact. This is journalism that does not remotely satisfy the tests or markers of fairness or reasonableness as set out in either Lange or Reynolds.”
The judge added: “I accept the submission of counsel for the Claimant that the report is not subject to privilege. It was neither accurate nor fair. There is no evidence that the (newspaper) made any true effort to contact the Claimant prior to publication, that there was no mention in the publication that there was any unsuccessful attempt to contact the claimant and that he had not had a chance to refute or tell his side of the story, that the tone of the article was one of facts, as opposed to opinion or unproved allegations”.
The awarded costs have to be paid by November 30, 2024.
Narine was represented by Sasha King with Roysdale Forde SC. The Chronicle was represented by Siand Dhurjon.
