— apology, retraction also ordered
Former health minister Dr Leslie Ramsammy has been ordered to pay journalist Enrico Woolford $5 million in damages after the High Court found that a column published during the controversy following the March 2020 elections had defamed him.
Justice Peter Hugh, in a decision handed down on Thursday, also ordered Ramsammy to publish an apology and retraction within 21 days and permanently restrained him and his agents from republishing the offending words or similar statements about Woolford.
The action stemmed from Ramsammy’s March 18, 2020 column in the Guyana Times, headlined, “Ramsammy’s Ruminations: Caricom, ABCE, Commonwealth, OAS – time for sanctions now, no more patience.”
Woolford had sued Ramsammy, Guyana Times Inc and Times Media Group Inc over statements which the court found conveyed that he had participated in, was complicit in, or was otherwise associated with the rigging of the March 2, 2020 general and regional elections and an attempt to subvert Guyana’s democratic process.
Justice Hugh found that the statements expressly referred to Woolford and were published in both print and online editions.
Ramsammy relied on the defences of fair comment and qualified privilege, but the judge found that he had failed to establish either defence.
The judge said the gravity of the allegations, the extent of their publication and the absence of an apology or retraction justified an award of general and aggravated damages. The court, however, declined to award exemplary damages.
The formal order directs Ramsammy to pay Woolford $5 million, together with interest at the statutory rate from the date of the judgment until the sum is paid in full. Ramsammy was also ordered to pay Woolford $250,000 in costs.
Under the order, the terms of the apology and retraction are to be agreed upon by the parties or settled by the court. Should the parties fail to reach agreement, the matter is to return before the court on October 23 for the wording to be determined.
The court also issued a permanent injunction restraining Ramsammy and the other defendants, including their servants and agents, from further publishing the statements contained in the column or any similar defamatory statements about Woolford by electronic or print means.
While finding that the Guyana Times had published the offending material, Justice Hugh ruled that the newspaper had successfully established the defence of qualified privilege. Woolford’s claim against the company was therefore dismissed, and he was ordered to pay it $250,000 in costs.
The claim against Times Media Group Inc had previously been discontinued by consent, and the judge made no further order in relation to that company.
Woolford had initially secured a default judgment against Ramsammy in August 2022. That judgment was subsequently set aside, paving the way for Ramsammy to defend the action. At the eventual trial, he relied on the defences of fair comment and qualified privilege, both of which Justice Hugh rejected
The column was published at the height of the dispute over the results of the March 2, 2020 elections. The controversy erupted after the tabulation of votes for Region Four was interrupted and declarations were made using figures challenged by political parties, observers and sections of civil society.
Discussion