CEPEP can’t sue Moonilal

Justice Ronnie Boodoosingh yesterday gave his ruling on a libel counter-claim filed by Community- based Environmental Protection and Enhancement Programme Company (CEPEP) against Oropouche East MP Dr Roodal Moonilal, who first sued the state agency for defamation.

In a written judgement, Justice Boodoosingh held that the CEPEP Company was restricted from suing a member of the public based on the principle that a government body should be open to inhibited public criticisms.

“The fundamental right of freedom of speech is involved. There are public interest considerations in allowing inhibited criticisms.

“The threat of civil legal action can have a chilling effect on the right of freedom of speech in this context especially for a company having half a billion dollars of public funds each year,” the judge said. He said CEPEP’s best defence to public criticisms would be to be transparent ans straightforward in the information it provides to the public. The judge said in this case limited restriction on CEPEP was justified to ensure there was freedom to ask questions about its resources and criticise how these funds were being used. Moonilal’s attorneys had asked that CEPEP’s counter-claim struck out.

Moonilal’s claim for defamation was filed after the CEPEP company issued a full-page statement in the press on August 24, 2016, in which it alleged misappropriation of $39.6 million in funds on construction projects in his Oropouche East constituency. In its own defamation counter-claim, the CEPEP Company has sought an injunction to restrain Moonilal from making further statements relating to its operations, but was withdrawn on the same the judge was expected to deliver his ruling on whether it should be granted. Moonilal’s defamation claim has been adjourned to February 23. the CEPEP Company was ordered to pay the parliamentarian’s cosy of defending the counter claim.

Appearing for the CEPEP Company were Senior Counsel Elton Prescott and attorneys Phillip Lamont and Farai Hove Masaisai while attorneys Larry Lalla, Jagdeo Singh, Kiel Tacklalsingh and Vivek Lakhan-Joseph represented Moonilal