Expression
News website sued over court report wins on appeal
On 26th July 2023, the Eastern Caribbean Supreme Court in the Court of Appeal ruled (Claim No. SVGMCVAP2021/0006) in favour of journalist Kenton Chance and his news website iWitness News.
In July 2018, he was sued in two defamation claims over a published article about a criminal case where Sherika Chandler pleaded guilty to wounding her boyfriend, Adrian Dasilva. Additionally, the article stated that Chandler had miscarried once due to Dasilva striking her on the belly. On 21st April 2021, the Magistrate concluded that the journalist had defamed Dasilva, the Respondent, and awarded him the sum of $7,500.00 in respect of each of the two defamation claims, plus costs. On 7th May 2021, the journalist filed a notice of appeal against the decision of the Magistrate.
In its ruling, the Court of Appeal overturned the previous decision and concluded that the journalist was protected by qualified privilege when he published the words complained of:
I am of the view that if the Learned Magistrate had properly applied her mind to the defence of qualified privilege, she would inevitably have come to the conclusion that the statements made by the Appellant in the article in his online newspaper were made on an occasion of qualified privilege when, as a journalist, he was reporting on what he heard said in court by the prosecutor and/or the defendant in a criminal case before the Senior Magistrate. The evidence is uncontroverted that the Appellant was not actuated or motivated by malice; the onus of proof of which would be on the Respondent, who never even alleged it.
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Counsel Jomo Thomas, who represented the journalist, welcomed the ruling, saying in immediate reaction, “It is a good day for freedom of the press in St. Vincent and the Grenadines.”
Association
Senior police officer sues educator and activist for defamation
In September 2023, Superintendent of Police Trevor Bailey sued Adrianna King, an educator and activist, over a Facebook post she allegedly made in May 2023. King has been suspended from teaching in connection with criminal charges. In 2021, a case was brought against King, who is alleged to have obstructed the Prime Minister from entering the House of Assembly while a protest was taking place in Kingstown.