‘Pitbull’ appeals order to pay ‘Gladiator’ $70,000

Justice Mira Dean-Armorer earlier this month found that Williams, Devon Welch and Juliet Davy defamed Welch in 2010 by labelling him as gay and being guilty of extortion during radio programmes they hosted called The War Room and The Ground Report.

Dean-Armorer acknowledged that this society has not yet evolved to be indifferent or acceptant to alternative sexual orientations.

She said a person’s sexual orientation cannot be of public interest as she dismissed the fair comment defence of the radio hosts.

In his notice of appeal filed by attorney Michael Rooplal, Williams contends that the judge erred in fact and law when she found that he uttered words defamatory of Welch.

He also insists that there was no evidence that he defamed his competitor.

Another of Williams’ grounds for challenging the judge’s decision is that the issue of homosexuality was no longer a taboo topic in T&T’s society, therefore any imputation regarding the sexual orientation of Welch was not defamatory.

At the trial, Williams, Michael Kerr and Lennox Smith gave evidence concerning Welch’s sexual orientation.

Williams also testified that he was the subject of sexual advances by Welch on a number of occasions.

In his appeal, Williams said, given his evidence as well as the testimony of Smith and Kerr, he discharged the legal onus placed on him to prove that Welch was a homosexual. He further argued that Welch failed to provide any evidence of specific damage to his career or reputation to justify the award of $70,000.

Williams has also applied to the Court of Appeal for a stay of execution of Dean-Armorer’s order which comes up for hearing on June 12. No date has yet been fixed for the appeal.

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