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| Anna Deonaarine-Rampersad - Guadian photo |
Anna Deonarine's lawyer, Keith Scotland, has sent a pre-action protocol letter dated 17 October 2013 to the Guardian Media stating that his client is "aggrieved by certain defamatory statements published by your newspaper on 13th October 2013" and is seeking a retraction for statements and allegations that he said "are entirely false and given the terms and way in which they were published were plainly malicious."
Scotland said, "As a consequence of the said damning, unjustifiable, reckless and libelous statements complained of being published in your newspaper and on the World Wide Web, my client’s good name and reputation has been and continues to be damaged. In the circumstances, my client requires from you as a matter of urgency your proposals for the following:-
Scotland said, "As a consequence of the said damning, unjustifiable, reckless and libelous statements complained of being published in your newspaper and on the World Wide Web, my client’s good name and reputation has been and continues to be damaged. In the circumstances, my client requires from you as a matter of urgency your proposals for the following:-
- An unqualified public retraction of all of the allegations referred to above and a proper apology to my client on terms to be agreed
- Such public apology is required to be given equal prominence as was given to the article complained of, and also to be published on the World Wide Web
- An undertaking by you not to repeat the said allegations or similar allegations
- The payment of an agreed sum in damages to my client to demonstrate the baselessness of the allegations and to compensate her for the injury to her reputation, financial loss and distress that she has suffered
- The payment of my client’s legal costs incurred in retaining Attorneys-at-Law, including those incurred as a result of consultations which my client has had with both Senior and Junior Counsel
He also pointed to an Express story and stated, "The baseless and falsity of the allegations published about my client has been revealed by a publication in today’s Daily Express under the headline DPP CLEARS ANNA.
Scotland's letter also stated, "Due to the nature of the requested information and the recent Express article referred to above, I have copied this letter to the Police Complaints Authority."
The letter is publsihed below.
17th October 2013
Ms. Renuka Singh,
Trinidad and Tobago Sunday Guardian Guardian Media Limited
22-24 St. Vincent Street
PORT OF SPAIN
Dear Sirs & Madam,
Re: Pre-Action Protocol – Claim by Ms Anna Deonarine-Rampersad for defamatory statements published in the Sunday Guardian dated October 13th, 2013
I am instructed by Ms. Anna Deonarine-Rampersad of Hosein Street, California, Couva. I have taken advice from Andrew Mitchell Q.C.
My client is a Deputy Political Leader of the Independent Liberal Party (“ILP”) and an Attorney-at-Law. A copy of my client’s Curriculum Vitae is enclosed for your information.
My client is aggrieved by certain defamatory statements published by your newspaper on 13th October 2013 under the emboldened front-page headline: “ILP official in Luxury car racket.” This was accompanied by a picture of my client.
The article and photograph was also published on your newspaper’s website www.guardian.co.tt on the same day, and to date it is still accessible to members of the public.
A copy of the article complained of is enclosed.
The defamatory statements are as follows:
(a) “A high-ranking member of the Independent Liberal Party (ILP) has been named as the critical link in an ongoing United Kingdom police investigation into stolen luxury vehicles.”
This Statement and all and every statement contained in the article which alleges that my client is a link into any investigation into stolen luxury vehicles by the United Kingdom police or the Trinidad and Tobago police.
(b) “Deputy political leader of the ILP, Anna Deonarine-Rampersad stands as the key figure to help police, both local and abroad, unlock a multi-million dollar luxury car racket.”
This statement and all and every statement contained in the article which alleges that my client is in any way closely linked to an international broker who is at the centre of an international stolen luxury vehicle racket.
(c) “However, although she has been closely linked to the international broker at the centre of the investigation, to date Deonarine-Rampersad has failed to provide police with the relevant information and this has stalled the investigative process.”
This statement and all and every statement contained in the article which accuses my client of failing to provide relevant information to the police and stalling the police investigation.
(d) “According to a police file seen by the Sunday Guardian, investigators have tried unsuccessfully for the past two years to get Deonarine-Rampersad to provide transaction details from when she purchased a vehicle from the UK-based broker.”
This statement and all and every statement contained in the article which alleges that my client failed to provide any transaction details with respect to purchase of a luxury vehicle.
(e) “Police said Deonarine-Rampersad failed to provide any documents either to prove ownership or to assist with the investigation.”
This statement and all and every statement contained in the article, which alleges that my client failed to provide documents to the police to prove ownership of the vehicle or to assist in the investigation.
All of the aforementioned statements were prominently published, were targeted at my client and were meant and were understood, to mean that my client:
Scotland's letter also stated, "Due to the nature of the requested information and the recent Express article referred to above, I have copied this letter to the Police Complaints Authority."
The letter is publsihed below.
17th October 2013
Ms. Renuka Singh,
Trinidad and Tobago Sunday Guardian Guardian Media Limited
22-24 St. Vincent Street
PORT OF SPAIN
Dear Sirs & Madam,
Re: Pre-Action Protocol – Claim by Ms Anna Deonarine-Rampersad for defamatory statements published in the Sunday Guardian dated October 13th, 2013
I am instructed by Ms. Anna Deonarine-Rampersad of Hosein Street, California, Couva. I have taken advice from Andrew Mitchell Q.C.
My client is a Deputy Political Leader of the Independent Liberal Party (“ILP”) and an Attorney-at-Law. A copy of my client’s Curriculum Vitae is enclosed for your information.
My client is aggrieved by certain defamatory statements published by your newspaper on 13th October 2013 under the emboldened front-page headline: “ILP official in Luxury car racket.” This was accompanied by a picture of my client.
The article and photograph was also published on your newspaper’s website www.guardian.co.tt on the same day, and to date it is still accessible to members of the public.
A copy of the article complained of is enclosed.
The defamatory statements are as follows:
(a) “A high-ranking member of the Independent Liberal Party (ILP) has been named as the critical link in an ongoing United Kingdom police investigation into stolen luxury vehicles.”
This Statement and all and every statement contained in the article which alleges that my client is a link into any investigation into stolen luxury vehicles by the United Kingdom police or the Trinidad and Tobago police.
(b) “Deputy political leader of the ILP, Anna Deonarine-Rampersad stands as the key figure to help police, both local and abroad, unlock a multi-million dollar luxury car racket.”
This statement and all and every statement contained in the article which alleges that my client is in any way closely linked to an international broker who is at the centre of an international stolen luxury vehicle racket.
(c) “However, although she has been closely linked to the international broker at the centre of the investigation, to date Deonarine-Rampersad has failed to provide police with the relevant information and this has stalled the investigative process.”
This statement and all and every statement contained in the article which accuses my client of failing to provide relevant information to the police and stalling the police investigation.
(d) “According to a police file seen by the Sunday Guardian, investigators have tried unsuccessfully for the past two years to get Deonarine-Rampersad to provide transaction details from when she purchased a vehicle from the UK-based broker.”
This statement and all and every statement contained in the article which alleges that my client failed to provide any transaction details with respect to purchase of a luxury vehicle.
(e) “Police said Deonarine-Rampersad failed to provide any documents either to prove ownership or to assist with the investigation.”
This statement and all and every statement contained in the article, which alleges that my client failed to provide documents to the police to prove ownership of the vehicle or to assist in the investigation.
All of the aforementioned statements were prominently published, were targeted at my client and were meant and were understood, to mean that my client:
- Is an accomplice to an international stolen luxury vehicle scheme;
- Has committed the criminal offence of receiving stolen items;
- Is a key suspect whose assistance is required both locally and internationally in
- Police investigations into an international stolen luxury vehicle scheme;
- Is deliberately stalling police investigation into an international stolen luxury vehicle scheme;
- Is attempting to pervert the course of justice;
- Is in someway involved in the falsification of official documents;
- Obtained a vehicle by illegal means;
- Is not to be trusted;
- Is dishonest; and
- Is a criminal.
The aforementioned statements and allegations are entirely false and given the terms and way in which they were published were plainly malicious.
My client instructs me that at or about 2:00 pm on Saturday 12th October 2013 she was contacted by Ms. Renuka Singh who informed her that she intended to publish an article containing the allegations and statements that are complained about in this letter.
My client further instructs me that during the said conversation Ms. Singh informed my client that she had received a police file containing details of an investigation alleged related to a Range Rover vehicle PCM 1100.
My client instructs me that she refuted each and every one of the allegations and statements and provided explanations to contradict them during that telephone interview with Ms. Singh.
I am also instructed that those explanations included the identification of certain documents in my client’s possession, copies of which my client offered to forward to Ms. Singh by e-mail as soon as they were located and scanned for electronic delivery.
My client then instructs me that during that conversation my client requested that Ms. Singh postpone the publication of the article until my client supplied her with copies of the aforesaid documents, which my client indicated to her would wholly expose the false and defamatory statements now being complained of.
These documents, which Ms. Singh the editor and the publisher of these damaging remarks would not wait for consist of:
My client instructs me that at or about 2:00 pm on Saturday 12th October 2013 she was contacted by Ms. Renuka Singh who informed her that she intended to publish an article containing the allegations and statements that are complained about in this letter.
My client further instructs me that during the said conversation Ms. Singh informed my client that she had received a police file containing details of an investigation alleged related to a Range Rover vehicle PCM 1100.
My client instructs me that she refuted each and every one of the allegations and statements and provided explanations to contradict them during that telephone interview with Ms. Singh.
I am also instructed that those explanations included the identification of certain documents in my client’s possession, copies of which my client offered to forward to Ms. Singh by e-mail as soon as they were located and scanned for electronic delivery.
My client then instructs me that during that conversation my client requested that Ms. Singh postpone the publication of the article until my client supplied her with copies of the aforesaid documents, which my client indicated to her would wholly expose the false and defamatory statements now being complained of.
These documents, which Ms. Singh the editor and the publisher of these damaging remarks would not wait for consist of:
- All relevant documents from my client’s Customs Broker
- Receipt for monies legitimately paid for the vehicle
- My client’s car facts
- My client’s written narrative as to what transpired
My client will also state that as a result of the aforementioned conversation, at approximately 2:25 pm on that Saturday, Ms. Renuka Singh sent a text message to my client’s mobile phone with her email address rens1ngh@yahoo.com.
My client further states that shortly after 6:00 pm on that same Saturday evening she attempted to call Ms. Singh, and at 6:13 p.m. was sent a text message by Ms. Singh stating that Ms. Singh was in an interview and would rather my client sent a text message to her.
Upon receiving that text message, my client informed Ms. Singh that she had just collected the file containing the documents in question, and promised to scan and send by electronic mail these documents to Ms. Singh as soon as she could. Ms Singh immediately acknowledged that text message by returning a text message to my client expressing her thanks.
I am further instructed that while preparing an electronic copy of the documents to forward to Ms. Singh, my client found a search report from the United Kingdom, which demonstrated that the vehicle in question was not stolen. My client then at 8:50 pm that evening informed Ms. Singh of this fact by text message to her mobile phone.
Just before 11:00 pm that Saturday night my client completed the scanning of the electronic copies of the documents to send to Ms. Singh by e-mail and attempted to call Ms. Singh on her mobile phone to inform her that the documents were available and to ensure that arrangements were made for the confidential forwarding of her documents.
Ms. Singh did not answer her mobile phone, nor did she send any text message to my client subsequent to the text message my client received from her at 6:13 p.m. earlier that day.
Despite my client’s request that Ms. Singh postpone publication of her story until she had received my client’s documents, the article, described above, was published I suggest wholly recklessly, maliciously and without my client being given a fair opportunity to adequately respond as she had requested during numerous calls following publications of these extremely serious allegations made against and about her.
In the circumstances it is evident that the steps taken in investigating and confirming the accuracy of the statements in question, if any, were reckless and unfair and fell well below the standard expected of responsible journalism.
The offending article is even more damaging, given my client’s role in current developing political events in Trinidad and Tobago and her recent emergence as a person in the public eye. This was alluded to in the article as follows:
“The latest information comes just days before the heavily contested local government elections...”
In those circumstances, the publication and the timing of the article could only have been done to subject my client to odium and disrepute in the eyes of the right-thinking citizens of Trinidad and Tobago and internationally, via the World Wide Web.
No doubt with the intention of inappropriately influencing the electorate with the published untruths.
The baseless and falsity of the allegations published about my client has been revealed by a publication in today’s Daily Express under the headline “DPP CLEARS ANNA”. A copy of that article is also enclosed.
The publication of the wholly defamatory statement has caused my client tremendous professional and personal embarrassment, distress and vilification, in particular in her capacity as an Attorney-at-Law and also as a Deputy Political Leader of the ILP.
My client has received numerous calls and enquiries from her colleagues, friends and relatives who expressed anxiety and concerns about these false allegations made against her.
Up to the present time, wherever she goes these defamatory remarks are being referred to and my client is constrained to take action to rebut these claims. This has caused and is causing my client severe and public humiliation, embarrassment, distress, shock and inconvenience.
As a consequence of the said damning, unjustifiable, reckless and libelous statements complained of being published in your newspaper and on the World Wide Web, my client’s good name and reputation has been and continues to be damaged.
In the circumstances, my client requires from you as a matter of urgency your proposals for the following:-
(i) An unqualified public retraction of all of the allegations referred to above and a proper apology to my client on terms to be agreed.
(ii) Such public apology is required to be given equal prominence as was given to the article complained of, and also to be published on the World Wide Web;
(iii) An undertaking by you not to repeat the said allegations or similar allegations;
(iv) The payment of an agreed sum in damages to my client to demonstrate the baselessness of the allegations and to compensate her for the injury to her reputation, financial loss and distress that she has suffered; and
(v) The payment of my client’s legal costs incurred in retaining Attorneys-at-Law, including those incurred as a result of consultations which my client has had with both Senior and Junior Counsel.
An immediate withdrawal and apology (the terms of which are to be settled by my client’s legal team) would no doubt serve to mitigate the damage that my client is suffering. If however, you fail to withdraw, apologize and cause the publication of a public apology within seven (7) days from the date hereof my client will further demand that you make a statement in Court and accordingly will commence proceedings against you.
Furthermore, Learned Queen’s Counsel has advised that having regard to the assertion by Ms. Singh that she had in her possession the police file which was then referred to in the said article, my client is entitled to an order from the High Court for disclosure of information under the jurisdiction as conferred following Norwich Pharmacal Co. v Customs and Excise Commissioners (1973) 2 All E.R. 943 and confirmed and expanded since then by several leading cases.
Accordingly, and in the interests of justice, disclosure of the following information is required to enable us properly to advise our client on the full scope of legal remedies available to her:
(a) A copy of the police file claimed to be in the possession of Ms. Singh and referred to in the said article;
(b) The name of the person or persons who furnished Ms. Singh with the said police file; and
(c) The names (if any) of any Police Officers contacted by Ms. Singh in an attempt (if any) to verify the police file.
You will appreciate that the information requested will in due course become the subject of orders for disclosure in the event High Court proceedings are commenced against you.
I trust that the information requested will be made available within twenty-eight (7) days from the date hereof, failing which my client, we make it plain, will be at liberty, even before commencing defamation proceedings against you, to apply to the High Court for an order for such disclosure.
Due to the nature of the requested information and the recent Express article referred to above, I have copied this letter to the Police Complaints Authority.
Please govern yourselves accordingly.
My client further states that shortly after 6:00 pm on that same Saturday evening she attempted to call Ms. Singh, and at 6:13 p.m. was sent a text message by Ms. Singh stating that Ms. Singh was in an interview and would rather my client sent a text message to her.
Upon receiving that text message, my client informed Ms. Singh that she had just collected the file containing the documents in question, and promised to scan and send by electronic mail these documents to Ms. Singh as soon as she could. Ms Singh immediately acknowledged that text message by returning a text message to my client expressing her thanks.
I am further instructed that while preparing an electronic copy of the documents to forward to Ms. Singh, my client found a search report from the United Kingdom, which demonstrated that the vehicle in question was not stolen. My client then at 8:50 pm that evening informed Ms. Singh of this fact by text message to her mobile phone.
Just before 11:00 pm that Saturday night my client completed the scanning of the electronic copies of the documents to send to Ms. Singh by e-mail and attempted to call Ms. Singh on her mobile phone to inform her that the documents were available and to ensure that arrangements were made for the confidential forwarding of her documents.
Ms. Singh did not answer her mobile phone, nor did she send any text message to my client subsequent to the text message my client received from her at 6:13 p.m. earlier that day.
Despite my client’s request that Ms. Singh postpone publication of her story until she had received my client’s documents, the article, described above, was published I suggest wholly recklessly, maliciously and without my client being given a fair opportunity to adequately respond as she had requested during numerous calls following publications of these extremely serious allegations made against and about her.
In the circumstances it is evident that the steps taken in investigating and confirming the accuracy of the statements in question, if any, were reckless and unfair and fell well below the standard expected of responsible journalism.
The offending article is even more damaging, given my client’s role in current developing political events in Trinidad and Tobago and her recent emergence as a person in the public eye. This was alluded to in the article as follows:
“The latest information comes just days before the heavily contested local government elections...”
In those circumstances, the publication and the timing of the article could only have been done to subject my client to odium and disrepute in the eyes of the right-thinking citizens of Trinidad and Tobago and internationally, via the World Wide Web.
No doubt with the intention of inappropriately influencing the electorate with the published untruths.
The baseless and falsity of the allegations published about my client has been revealed by a publication in today’s Daily Express under the headline “DPP CLEARS ANNA”. A copy of that article is also enclosed.
The publication of the wholly defamatory statement has caused my client tremendous professional and personal embarrassment, distress and vilification, in particular in her capacity as an Attorney-at-Law and also as a Deputy Political Leader of the ILP.
My client has received numerous calls and enquiries from her colleagues, friends and relatives who expressed anxiety and concerns about these false allegations made against her.
Up to the present time, wherever she goes these defamatory remarks are being referred to and my client is constrained to take action to rebut these claims. This has caused and is causing my client severe and public humiliation, embarrassment, distress, shock and inconvenience.
As a consequence of the said damning, unjustifiable, reckless and libelous statements complained of being published in your newspaper and on the World Wide Web, my client’s good name and reputation has been and continues to be damaged.
In the circumstances, my client requires from you as a matter of urgency your proposals for the following:-
(i) An unqualified public retraction of all of the allegations referred to above and a proper apology to my client on terms to be agreed.
(ii) Such public apology is required to be given equal prominence as was given to the article complained of, and also to be published on the World Wide Web;
(iii) An undertaking by you not to repeat the said allegations or similar allegations;
(iv) The payment of an agreed sum in damages to my client to demonstrate the baselessness of the allegations and to compensate her for the injury to her reputation, financial loss and distress that she has suffered; and
(v) The payment of my client’s legal costs incurred in retaining Attorneys-at-Law, including those incurred as a result of consultations which my client has had with both Senior and Junior Counsel.
An immediate withdrawal and apology (the terms of which are to be settled by my client’s legal team) would no doubt serve to mitigate the damage that my client is suffering. If however, you fail to withdraw, apologize and cause the publication of a public apology within seven (7) days from the date hereof my client will further demand that you make a statement in Court and accordingly will commence proceedings against you.
Furthermore, Learned Queen’s Counsel has advised that having regard to the assertion by Ms. Singh that she had in her possession the police file which was then referred to in the said article, my client is entitled to an order from the High Court for disclosure of information under the jurisdiction as conferred following Norwich Pharmacal Co. v Customs and Excise Commissioners (1973) 2 All E.R. 943 and confirmed and expanded since then by several leading cases.
Accordingly, and in the interests of justice, disclosure of the following information is required to enable us properly to advise our client on the full scope of legal remedies available to her:
(a) A copy of the police file claimed to be in the possession of Ms. Singh and referred to in the said article;
(b) The name of the person or persons who furnished Ms. Singh with the said police file; and
(c) The names (if any) of any Police Officers contacted by Ms. Singh in an attempt (if any) to verify the police file.
You will appreciate that the information requested will in due course become the subject of orders for disclosure in the event High Court proceedings are commenced against you.
I trust that the information requested will be made available within twenty-eight (7) days from the date hereof, failing which my client, we make it plain, will be at liberty, even before commencing defamation proceedings against you, to apply to the High Court for an order for such disclosure.
Due to the nature of the requested information and the recent Express article referred to above, I have copied this letter to the Police Complaints Authority.
Please govern yourselves accordingly.
Yours faithfully, Keith Scotland Attorney-at-Law
cc. Ms. Anna Deonarine-Rampersad Director, Police Complaints Authority
cc. Ms. Anna Deonarine-Rampersad Director, Police Complaints Authority
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