…$10M lawsuit remains

HIGH Court Judge Fidela Corbin-Lincoln on Wednesday rejected the application for an injunction filed by Balwant Singh Hospital (BSH) against social media activist Melissa Atwell, also called “Melly Mel.”

The injunction was intended to stop Atwell from continuing to share anonymous posts from BSH patients on her (Atwell’s) Facebook page;the posts reportedly contained damning allegations against the hospital.

The BSH had approached the court for an injunction to stop Atwell from posting further stories against them and removed the ones already online, since it was resulting in financial loss to the institution.

Atwell was represented by Attorneys Sanjeev Datadin, Ganesh Hira, Donavon Rangiah and Anessa Chow. BSH was represented by Devindra Kissoon of London House Chambers.
On Wednesday, the judge after hearing submission from both sides ruled against granting the injunction, since the defence was unable to prove that the posts issued by Atwell was either true or untrue.

However, the BSH $10M lawsuit against Atwell remains and a date is yet to be set for hearing at the High Court. Meanwhile, Atwell in her court document stated that she could prove that the posts are true in substance and fact.

Based on the complaint made by the hospital, Atwell was arrested by the police and detained for in excess for 12 hours.

“My personal computer is still in the custody of the Guyana Police Force. I was detained and threatened that I will not be placed on bail,” Atwell stated in her document.
Also, Atwell threatened to take legal action against the Guyana Police Force and BSH for her arrest, false imprisonment and harassment.

“The complaints I have received are all sent to me as messages and I have communicated with each person for confirmation of details. The persons are not connected to each other in any way, but it is inescapable that their stories all have a common thread,” the document reads.

“I have done nothing illegal. I have shared the stories verbatim as I have received it.”
Atwell’s attorneys are arguing for the injunction not to be granted. She is currently out on $200,000 station bail and the High Court proceedings continue Wednesday afternoon.

Initially, Atwell had claimed that the hospital had threatened her with a $100M lawsuit for damages. However, the claims disclosed to the court $5M in respect of the Facebook posts; aggravated and exemplary damages in an amount to be determined during trial, but no less than $5M.

Also, special damages to be proved during trial but no less than $100,000.