Express to pay $325,000 libel damages

In an oral ruling yesterday, Justice Carol Gobin ordered the Trinidad Express to pay damages in the sum of $325,000 to Mohammed for the damage caused to his reputation by the publication of the article on July 23, 2010, under the headline “Treasury empty, public servants cautioned: WATCH IT!” which quoted former Public Services Association president Jennifer Baptiste-Primus, who claimed to have objected to Mohammed’s appointment as PSC chairman.

In her ruling, Gobin said the published article was reckless and did not cross the standard of responsible journalism. Mohammed in his lawsuit said contrary to what was written in the article he never represented the PSA, and was therefore shocked to see reference to his name being called in the publication.

He also said he felt immediately embarrassed as it “made very serious imputations of dishonest and unethical behaviour in the conduct of my profession”.

Mohammed said the imputations in the publication caused him to have sleepless nights and although the Trinidad Express on July 24, 2010, issued a correction admitting it made an error, saying the words attributed to the former PSA president were erroneous, the damage to his reputation and character had already been done.

According to his lawsuit the correction did not constitute a wholehearted, adequate or any apology or a full or frank withdrawal of the defamatory words and were not capable of erasing or mitigating the sting of the defamatory words, or the defamatory imputations conveyed. Mohammed, an attorney for 36 years, said the article also suggested that he was guilty of professional misconduct as a lawyer and the natural, ordinary and inferential meanings as well as the innuendoes imputed by the defamatory words, were false and untrue.

The judge said the Trinidad Express had no duty to publish the article. Mohammed had also complained that the Trinidad Express failed to respond to the pre-action protocol letter sent, an issue which Gobin also noted in her ruling, as she also noted the newspaper refused to apologise.

A 28 day stay of the judge’s ruling was granted to the Trinidad Express. Fyard Hosein, SC, and Nyree Alfonso represented Mohammed while Faarees Hosein defended the Trinidad Express in the libel lawsuit.