By Elesha George
Master, Carlos Cameron Michel, has set a case management conference between Prime Minister Gaston Browne and calypsonian Lena “Queen Ivena” Phillip to determine the course of action regarding a defamation lawsuit.
The Prime Minister is arguing that Phillip’s 2017 calypso song, “Nastiness”, contained defamatory remarks towards him by use of “innuendos”. He asserts that certain portions of the song insinuated “criminal corruption” and “misconduct” in public office on his part, leading him to seek damages, including aggravated damages for libel or slander for the words published and broadcast, and/or caused to be published and broadcast.
The song in question had been performed on or about 24, June 2017 at a calypso tent organised by the Pepperpot Calypso Tent, and on 8, July 2017 at the quarter finals of the calypso competition held at Barrymore Hotel. The song has also been played on radio and has been listened to thirty-nine thousand times on Youtube.
The case has been before the court since July 2017, and after seven years, Master Michel said in his March judgment that “At this stage, the parties should determine whether they wish to have the matter settled amicably, or otherwise proceed to trial to bring these proceedings to an end.”
If an amicable settlement cannot be reached, the case will go to trial where it will be determined whether the words cited by the Prime Minister are in fact defamatory.
In his latest ruling, the judge also wrote that Phillip did not have a viable argument to strike out amendments in the claim brought against her in November 2017, that specified the words and phrases used to make the alleged defamatory statements.
In addition to compensation for damages, the Prime Minister is also asking the court for an injunction restraining the calypsonian, her servants or agents, or whosoever, from further publishing or causing to be published the said or similar defamatory words of and about him.
Phillip has so far denied the claims of defamation.
The PM’S Claim
Prime Minister Browne said inferences in the song suggested that in his capacity as Prime Minister and Minister of Finance, he authorised public monies from the Treasury, namely the sum of five million dollars, to be paid to his wife’s charity or foundation, and not to the Venture Capital Fund for which it was designated.
He said the lyrics suggested illegal or improper purposes including personal gain and/or that the monies were used or misused for personal reasons and gain, as none of the five million was spent by the Foundation or Charity on any person or public purpose.
Prior to taking office, the government took a decision to establish a Venture Capital Fund for entrepreneurs with a sum of two million dollars. That amount was later increased to five million and an announcement was made live in Parliament which is broadcast on Facebook and cable via the Antigua Broadcasting Services (ABS).
Browne said this public pronouncement would lead listeners to interpret the lyrics of the song as saying that he was not entitled to act in the way alleged in the paragraphs, and to do so would constitute criminal conduct including criminal corruption, breach of his fiduciary duties and/or malfeasance in public office. “The charity referenced by the Claimant is run by the Claimant’s wife. In the circumstances, the said facts would have been known to a substantial but unquantifiable number of listeners of the words complained of, and these listeners would have understood the words complained of to bear the meanings set out,” his lawyers in court allege.
He also denied and said that the alleged words “Use your post and get rich quickly,” assumed that he unlawfully encouraged his Members of Parliament and ministers to corruptly use their public offices for personal gain in breach of the law.
In her defence, Phillip told the court that the words reproduced in Browne’s amended statement of claim did not represent a true reproduction of her song, in so far as the words were presented.
She also denies that the song injured his character and that his reputation as Prime Minister and personally, and that of his wife and family, had been brought into public scandal, odium and contempt, including public ridicule.