-dismisses libel case, orders former Auditor General to pay $250,000 in costs
HIGH Court Judge, Justice Peter Hugh, has dismissed a defamation lawsuit filed by former Auditor General Anand Goolsarran against Vice-President Dr Bharrat Jagdeo, ruling that the substance of Jagdeo’s statement, including his assertion that Goolsarran lacked integrity, was substantially true.
The case arose from statements made by Jagdeo at a press conference on March 23, 2023, and at a public meeting three days later. Jagdeo criticised Goolsarran for remaining in senior positions at the Audit Office and continuing to receive a salary during the PNC dictatorship period when the country’s public accounts were not audited.
Jagdeo had stated that Goolsarran “could have resigned if he had integrity” and accused him of remaining silent about alleged abuses under the former APNU+AFC administration while being politically selective in his public commentary.
Justice Hugh found that the statements were defamatory because an ordinary, reasonable Guyanese would understand them to mean that Goolsarran lacked integrity in the execution of his duties. However, the judge determined that the essential facts underpinning Jagdeo’s statements were substantially true.
The court noted that Goolsarran admitted under cross-examination that no audited accounts were produced during the relevant years, that he did not resign and that he continued to receive his full salary.
While Goolsarran maintained that he was not the Auditor General for most of the period referenced by Jagdeo, Justice Hugh considered this an “inaccuracy around the edge” that did not alter the substance of the statement.
The judgement also examined Goolsarran’s receipt of audit contracts under the APNU+AFC coalition government. He admitted that he was retained to conduct audits of NICIL, the Marriott Hotel, the Environmental Protection Agency and the Guyana Forestry Commission.
Goolsarran also acknowledged that the contracts were not awarded through public open tendering and that he was not the only provider capable of performing the services.
The contracts were among those awarded for audits of approximately 30 state entities after APNU+AFC took office in 2015. At the time, questions were raised about the absence of open tendering.
Justice Hugh found that Goolsarran’s receipt of government audit contracts not awarded through open tender formed part of the factual basis supporting Jagdeo’s criticism of his political associations and selective commentary.
Although Goolsarran denied being a formal AFC member, the court ruled that explicit party membership did not have to be established. It found sufficient factual support for Jagdeo’s suggestion that Goolsarran was politically associated with the coalition and selective in his criticisms.
The judge concluded that Jagdeo had sufficiently established the underlying facts of both statements and that the “sting” of his allegations was justified. Since truth is a complete defence to defamation, the lawsuit was dismissed.
Goolsarran was ordered to pay Jagdeo $250,000 in costs.
