THE Court of Appeal, on Thursday granted judgment of $15M against publishers of the Kaieteur News, Mohan ‘Glenn’ Lall and against the newspaper following a libel suit filed in 2000.The suit was filed on behalf of Dr. Walter Ramsahoye, a medical practitioner and Neurologist of 32 years, with various degrees. He was represented by Senior Counsel, Rex McKay.

The move to the Court of Appeal was made after the initial $4.5M awarded by Rishi Persaud in the High Court was considered “derisory and a denial of justice having regard to the severity of the libel” by Ramsahoye.

The award of $4.5M had taken into account the fact that Kaieteur News was not a daily publication and was not available on the internet. The Court was also mindful of the fact that it was the highest award in Guyana and the potential of an award to inhibit responsible journalism and even economically ruin a publisher.
However, the Court of Appeal found that the findings of the trial judge justified a higher award and the doctor had given distinguished service and the case was without precedent.
CARTOON CONTROVERSY
The subject of the lawsuit is a cartoon, published by Kaieteur News, used the term “Demi God” and “peerless.”
It depicted Ramsahoye as gloating about his achievements and basing the reputation of great doctors on the number of distinguished patients “who die under their care.”
The offending words were published during the period January 21 and February 10, 2000, which was a weekly publication at that time.
Dr. Ramsahoye claimed that the publications were deliberately contrived to abuse the freedom of the press to his detriment and as a result of the said publications he was greatly injured and disparaged in his character, reputation and profession as a medical practitioner.
He was also brought into public ridicule odium and contempt and suffered great distress and humiliation and was lowered in the estimation of right thinking members of society.
All considered, the Court of Appeal found that the words cannot be protected by ones constitutional right to expression.
In a majority decision, Justice of Appeal B. S. Roy and Justice Diana Insanally increased the damages from $4.5 to $15M. Justice of Appeal Yonette Cummings Edwards gave a dissenting judgment and while she did not lower the High court award, she did not increase the award.
Mc Kay argued that the offending publication represented an “unrestrained and virulent attack” on the character, reputation and competence of Dr. Ramsahoye as a medical practitioner who has won distinction in his field.
ADMISSION
Lall was represented by Alliance For Change (AFC) Leader and Attorney-at-Law, Khemraj Ramjattan, who also defended the defamatory publications in the lower court.
Although Ramjattan appealed the trial judge’s findings on libel, he admitted in the Court of Appeal that the words were libellous, but pointed out that the damages awarded of $4.5 were too high.
Editor-in-Chief, Adam Harris, testified for the defendants and said the publications were fair comment of public importance and generally fair and accurate and were justified.
The defence also pleaded “fair and bona fide comment” on matters of public opinion, which the trial judge found were defences unknown to the law.
Ramjattan also pleaded that the words published were not defamatory and were a responsible exercise of their constitutional right to freedom of expression.
However, the Court found the full text revealed that the words were “unprovoked and unlawful injury” to the character and reputation of the doctor and he was effectively demeaned and humiliated in the eyes of the public and there were injury to his feelings. According to the Court, Ramsahoye was also painted as incompetent.
Consequently, the Court underscored that no other conclusion can be made considering Kaieteur News’ use of words like “Dictator” and phrases like “madness knows no bounds,” “indeed whom the gods wish to destroy they first make mad”, among others.
The Court also noted the reference to Ramsahoye being childless as particularly disturbing.
NO REMORSE
Also considered by the Court was the evidence of the fact that both Lall and his newspaper showed no remorse and the insistence of justification, fair comment and accuracy was deemed outrageous. Additionally, the fact that there was no apology was also considered as evidence of the fact of no remorse.
Also considered by the Court was the fact that Ramsahoye boasted impressive qualifications, as well as the ‘Giglioli Award,’ which recognised his personal sacrifice and dedication to the practice of medicine.
It also recognised his supremacy in diagnosis, his obsession with perfection and his abiding sense of civic responsibility.
As such, the majority of the Court of Appeal found that the findings of the trial judge justified a higher award.
The case is without precedent.

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