Phelps seeks apology from reporter

In a letter dated May 19, and released to the media, Phelps called on Maharaj to issue an apology failing which he would proceed to court to vindicate his professional reputation and good name.

Phelps said he has been advised by Senior Counsel that the contents of Maharaj’s article were defamatory of him. In his letter, Phelps pointed out that he had spoken to Maharaj over the years on an informal basis and because his firm was instructed by Maharaj to act as her attorneys in her litigation against the TNT Mirror, which his firm continues to do.

"In these circumstances, when you contacted me on the telephone I spoke to you as I always do, in confidence and informally. Had you contacted me to verify Mr Dansook’s allegations concerning me and my firm you would have discovered (and would have been able to publish as part of a fair and balanced report) that:

(1) neither I nor any attorney-at-law in my firm witnessed the signing of Mr Dansook’s statutory declaration, which was merely prepared by my firm;

(2) that Mr Dansook had delivered to me upon my insistence undoubted documentary evidence to support the contents of the statutory declaration which he subsequently signed before a Commissioner of Affidavits not associated in any way with my firm. Such documentary evidence is with my legal advisors.

(3) that Mr Dansook had as well delivered to me an original document sent to him by the Integrity Commission with his instructions that I appear on his behalf. This original document is as well in the possession of my legal advisors.

(4) That Mr Dansook wrote to the Registrar of the Integrity Commission on December 14, 2004 (long after he had sworn to the statutory declaration) confirming the truth of its contents in every particular. He did so at a time when he was being pressed by the Integrity Commission to meet with them because he had failed to keep no less than five separate appointments to meet them."

Phelps said not a single one of the above matters reached Maharaj’s report. "All the while, I and my firm (and your readership) have had to sit silently by and read your published articles, because of the privilege that binds all attorneys in the conduct of their clients’ affairs."

Phelps said Queen’s Counsel has advised him that Dansook had publicly attacked his good character, so he is entitled to set the record straight. Phelps has reserved his position on the issue of damages.

"By copy of this letter to the daily newspapers and the politicians who have made political use of your defamatory article, I am notifying them of my position regarding any repetition of the defamatory contents of your article," Phelps added.