–Injunction granted to prevent defamatory publications
JUSTICE Sandra Kurtzious yesterday granted an injunction against Kaieteur News, preventing the daily newspaper from publishing defamatory statements about Commissioner-General of the Guyana Revenue Authority (GRA), Mr. Khurshid Sattaur.She ordered that Kaieteur News is restrained from further writing, printing, publishing, circulating or causing to be written, printed, published or circulated defamatory material about the GRA Head.
National Media and Publishing Company Limited, publishers of the local daily (Kaieteur News), its owner Mr. Glenn Lall and editor, Mr. Adam Harris, were named in the order granting the injunction.
“I am fearful that unless restrained by this Honourable Court, the Respondents/Defendants will continue these malicious and unwarranted attacks on me and my office.” GRA Commissioner-General, Mr. Khurshid Sattaur
The injunction was granted after an Ex-Parte application filed by Sattaur’s lawyers on Wednesday. The application also called for aggravated damages, in excess of $500M, for libel resulting from the false and/or malicious writings published.
The move by Sattaur’s legal representatives follows allegations, made in Kaieteur News articles and columns, which stated that: the GRA Head compromised confidential tax information; he breached his Oath of Office; and was involved in a plot to destroy the newspaper, among other assertions.
The new items were made public in several editions of the newspaper, including that of 31st August, 2014; 7th September, 2014; 10th September, 2014; 11th September, 2014; 14th September, 2014; 16th September, 2014; 21st September, 2014; and the 23rd September, 2014.
SATTAUR CLAIMS
According to the GRA Commissioner-General, “The writings were intended to destroy my character and to humiliate me in the national and international public as a corrupt, spiteful and incompetent officer who uses his public office as an instrument of harassment against an innocent public.”
He added that the publications were deliberately calculated and intended to harm him, as a public officer.
In the affidavit, Sattaur said, “The writings were intended to be scandalous and were characterised by an evil motive. The form and content of the publications will be relied upon by me to claim exemplary and/or aggravated damages. The publications have caused me harm and distress of the utmost severity. I have been greatly injured and disparaged in my character and reputation and in my position as Commissioner-General of the Authority and have been brought into public ridicule, odium and contempt.”
Sattaur’s affidavit continued: “The distress and humiliation has been enormous and will continue to be felt for the foreseeable future. I have been lowered in the estimation of right thinking members of society generally and have suffered egregious injury.”
He also charged that “unless restrained”, the Kaieteur News will continue to be used as “an instrument of defamation” and will cause and continue to cause him irreparable harm and injury.
“I am fearful that unless restrained by this Honourable Court, the Respondents/Defendants will continue these malicious and unwarranted attacks on me and my office,” the GRA Head concluded in the affidavit.
Sattaur is represented by Attorneys-at-Law Mr. R. Satram, Mr. C. V. Satram and Mr. Mahendra Satram.
Earlier in the week, the GRA Head had disclosed to the Guyana Chronicle that he will be moving to the courts with a libel suit against Kaieteur News, when contacted for a response to the allegations levelled against him by that daily newspaper.
“The necessary arguments (refuting Kaieteur News’ claims) will be provided for the publisher and editor to respond to in a libel suit,” the GRA Commissioner-General had stressed, adding that the stakeholder parties ought to have armed themselves with the facts before making false allegations.
The injunction is valid until a determination is made in the matter, which is expected to be heard in Chambers on 14th October, 2014 at 9:00 hrs. The named defendants will be liable for failing to comply with Justice Kurtzious’ order.