Saturday, November 20, 2010

PM Kamla threatens to sue Manning for libel; gives former PM chance to apologise

Lawyers for Prime Minister Kamla Persad-Bissessar on Friday served notice that Persad-Bissessar intends to sue her predecessor, Patrick Manning, for libel for statements he made at a news conference last Friday outside of Parliament.

However, the letter to Manning states that Persad-Bissessar has offered Manning an opportunity to apologise to save himself "a long and drawn out libel action" and the possibility of an award of very substantial damages" from the court.

The pre-action protocol letter dated November 19 is in connection with an allegation that Manning made to reporters. 

Media reports quoted Manning as saying that "the present People's Partnership government was dismantling the security services of the country to pay back drug-lords who had financed their campaign for the May 24 general election".

The letter states, "Any such statement by you is false and malicious and calculated to injure our client's reputation in her public and private capacity".

Manning was denied an opportunity to speak in Parliament where he would have been protected by Parliamentary Privilege if the same statements were made there. However, it became subject to legal action once the comments were made outside of the legislature's protection.

While he was liable for any such litigation the media that reported the details of the allegations made by Manning were protected by media law under the provisions of fair comment.

The letter, signed by attorney Devesh Maharaj, states that Persad-Bissessar is the aggrieved party since she is the head of the people's partnership.

It is asking for the following:
  • An unqualified withdrawal of the allegations and a proper apology in terms to be agreed
  • A commitment that Manning would not repeat the allegation or similar allegations
  • The payment of a substantial sum in damages to demonstrate the baselessness of the allegations and to compensate for the injury to Persad-Bissessar's reputation and the distress caused to her by the allegations
  • The payment of Persad-Bissesssar's legal costs.
The letter says if Manning is willing to promptly withdraw the allegations and apologise the Prime Minister acknowledges that this will "mitigate the damages to which she is entitled."

On the other hand, the letter says, "if you force her to go through a long a drawn out libel action in order to clear her name, her only vindication would be an award of very substantial damages from the Court."

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Jai & Sero

Jai & Sero

Our family at home in Toronto 2008

Our family at home in Toronto 2008
Amit, Heather, Fuzz, Aj, Jiv, Shiva, Rampa, Sero, Jai