Judge to rule in Moonilal/CEPEP case next week

Justice Ronnie Boodoosingh will next week Wednesday rule on whether an injunction should be granted to the Community- based Environmental Protection and Enhancement Programme Company (Cepep) to restrain Oropouche East MP Dr Roodal Moonilal, who has sued the State agency for defamation.

Moonilal’s claim for defamation was filed after the Cepep company issued a fullpage statement in the press on August 24 in which it alleged misappropriation of $39.6 million in funds on construction projects in his Oropouche East constituency.

In its own defamation counterclaim, the Cepep Company has also sought the injunction to restrain Moonilal from making further statements relating to its operations.

The Cepep Company’s lead attorney Elton Prescott, SC, has argued that Moonilal’s statements are false and his clients can suffer greater injustice if he (Moonilal) is allowed to continue his attack on the company.

“Freedom of express has limits,” Prescott said, as he called on the judge to preserve the integrity of the public holding.

In his counter, Moonilal’s lead counsel, Larry Lalla said this was an attempt by a politically run organisation to restrain a political speech of a member of Parliament in the middle of a local government campaign.

He pointed to several authorities in the UK, Australia and the US which preserve a citizen’s right to criticise government entities.

“Any citizen is free to express his or her opinion of the management of a country’s affairs,” Lalla said.

He further argued that it was unfair for Cepep to use taxpayers’ money to sue citizens or MPs for defamation.

Lalla argued that if an injunction was to be granted to Cepep it will lead to an untenable situation and can be used as an instrument of terror against citizens by a government.

“Every citizen has a right to criticise government without fear of civil or criminal prosecution,” Lalla submitted.

Also appearing for the Cepep Company are Phillip Lamont and Farai Hove Masaisai while Jagdeo Singh, Kiel Tacklalsingh and Vivek Lakhan-Joseph also represent Moonilal, who was in court yesterday.