Editor faces jail for libelling PM

GEORGE WORME, Editor of the Grenadian newspaper, Grenada Today, faces two years in jail for allegedly libelling that country’s Prime Minister Dr Keith Mitchell after the 1999 General Elections in Grenada. Yesterday, the British Privy Council dismissed Worme’s constitutional motion clearing the way for the island’s Chief Magistrate to proceed with the charge of criminal or intentional libel laid against Worme and his newspaper. The Privy Council comprising Lords Bingham, Browne-Wilkinson, Slynn, Rodger and Walker, dismissed Worme’s appeal, but made no order as to costs. On September 17, 1999, Grenada Today published a letter signed “The People’s Man” and addressed to Prime Minister Mitchell. It was printed under the heading, “Doc, stop playing politics.” The letter was critical of the Prime Minister’s attitude towards teachers’ pay.

The Law Lords made reference to a sentence from the letter in their judgment yesterday. It stated, “during the election campaign you spent millions of dollars to bribe people to vote for you and your party, disregarding what the law says governing the electoral process.” Following the publication, Worme was invited to the CID office of the Royal Grenada Police. He went there with his lawyer and was questioned but not charged. In the next issue - September 24, 1999 — Grenada Today reprinted the letter preceded by these words: “The letter which angered Prime Minister Mitchell and forced him to attempt to use law enforcement officers of the Criminal Investigations Department (CID) to try and ‘silence’ the Grenada Today newspaper.” Three days later, the Prime Minister raised civil proceedings for libel against Worme and the newspaper in relation to the publication of the letter. The next day, police arrested Worme and charged him with two offences relating to the two publications.

On October 19, 1999, the Chief Magistrate began a preliminary inquiry into the charges which was adjourned without any evidence being led, until January 18, 2000. On that date, the prosecution led the evidence of the Prime Minister. After the Prime Minister’s evidence-in-chief, counsel for Worme and the newspaper asked the Chief Magistrate to refer the matter to the High Court to deal with a constitutional issue, saying that the laying of the charges was inconsistent with their right to freedom of expression under the Constitution of Grenada. On November 9, 2000, Justice Alleyne ruled in favour of Worme and the newspaper. The Commissioner of Police, who was the respondent, appealed and was successful before the Court of Appeal on June 5, 2001. Worme and Grenada Today appealed to the Privy Council. In the judgment delivered by Lord Rodger, the Privy Council did not find that laying the charges of intentional libel was inconsistent with the Constitution. Lord Rodger said that the crime of intentional libel is committed where a defendant publishes any false defamatory matter, imputing to another person a crime or misconduct in any public office, with the intention of damaging the reputation of that other person in circumstances where the court consider that the publication was not for the public benefit.

“The intention to damage the other person’s reputation is important. The law rightly attaches a high value to a person’s reputation not only for that individual’s sake but also in the wider interests of the public,” the Law Lord added. Lord Rodger continued, “the protection of good reputation is conducive to the public good. It is also in the public interest that the reputation of public figures should not be debased falsely. Their Lordships are therefore satisfied that the objective of an offence that catches those who attack a person’s reputation by accusing him falsely of crime or misconduct in public office is sufficiently important to justify limiting the right to freedom of expression.” Lord Rodger pointed out that although the law of criminal libel had not been invoked in recent years does not mean it should not be done. The Law Lords rejected the argument that says the crime of intentional libel is not reasonably required in Grenada. The Privy Council said the law of criminal libel has been used in many democratic societies including England, Canada, and Australia. It also forms part of the law of Trinidad and Tobago. “It can accordingly be regarded as a justifiable part of the law of the democratic society in Grenada,” Lord Rodger declared.