PM Kamla threatens to sue Express newspaper

File: The PM's private residence in Phillipine, South Trinidad

Prime Minister Kamla Persad-Bissessar's lawyers on Friday sent a pre-action protocol letter to the Trinidad Express stating that their client intends to make a claim for damages against the paper with respect to a story published under the headline "Neighbours Flee", which included a photograph of a sign that said "HOUSE 4 SALE".

The letter is seeking damages, including aggravated and exemplary damages for libel, contained in the publication of certain words and statements in the March 27 article written by Susan Mohammed. It gives the paper 21 days to respond.

The Prime Minister's legal team includes Kelvin Ramkisson, Christlyn Moore and Queen's Counsel Alan Newman. 

Their letter to the Express quoted sections of the story that they claim were defamatory and "falsely and maliciously published" to damage and defame Persad-Bissessar in her personal and professional capacity as the Leader of Government. 

The attorneys said the article insinuated that: 

• the Prime Minister constantly disturbs the peace, contravenes the noise pollution regulations of the country
• that she has disregarded the interests and rights of a subadjacent landowner. 

They said further that the newspaper article suggested that the PM has used her position and the powers to oppress and restrict the rights and freedoms of residents in the Philippine area.

The Pre Action Protocol Letter stated that had the reporter engaged in "proper and balanced journalism", she would have known that:

• The "claim of "visual freedom" as a right is devoid of legal merit
• The assertion of the "encroachment of one's freedom" because of the erection of a chain link fence in the legitimate boundaries of the private residence of the Honourable Prime Minister constitutes no basis to predicate a violation of the rights of a subjacent landowner
• the office holder of Prime Minister is entitled to the protection of his/her person and private residence

The letter also pointed out that the head of the Achilleous household has publicly denied making any statement to the Express which suggested that the Prime Minister was responsible for him putting his house up for sale.

It also outlines the demands.

• "Our client requires from you as a matter of extreme urgency a full and unequivocal retraction and apology on terms to be approved by Counsel, which are to be published in all daily newspapers circulating in Trinidad and Tobago and on the internet websites by advertisements paid for by you, and an undertaking not to repeat these allegations. Further, our client requests that the said article entitled “Neighbours Flee” be forthwith removed from your online archives.
• "Counsel has advised that the Honourable Prime Minister is also entitled to substantial compensation for the injury caused to her reputation and feeling, including an award for aggravated and exemplary damages. In this regard, we are to invite your proposals.
• "In the circumstances, we look forward to hearing from you without delay but in any event within 21 days of the date of this letter. If no satisfactory response is received at these offices within this period, our instructions are to issue a claim form against you and to expeditiously prosecute the claim."

Read the full letter