[UPDATED] Alexander to pay $.75m

PROGRESSIVE Empowerment Party (PEP) leader Philip Edward Alexander has been ordered to pay businessman Andrew Gabriel a little over $.7 million in damages for defamation.
The order was made by Justice Carol Gobin who presided over a defamation claim Gabriel filed against Alexander for statements the PEP leader made in February and April 2017, on a radio programme and on his Facebook page.

In her ruling, Gobin reminded Alexander that the case was not as he perceived as one about “truth, justice and a better country for all,” but a defamation action, “plain and simple.”
Alexander, who represented himself at the trial, relied on a plea of justification and the judge said he produced no statement of fact in his defence or evidence to establish the truth of his utterances about Gabriel.

“They remain ugly lies and the law does provide for consequences,” she said, adding that the second statement “was as bad or worse” than the first. Gobin ordered Alexander to pay $775,000 in general and aggravated damages.

In her 23-page decision, Gobin said of Alexander’s defence, “The impassioned appeals about any other significance of the case in the current political environment or its impact on the future of our democracy are, I regret to say, misplaced and misguided.”

Gabriel, the managing director of a family-owned insurance brokerage firm, admitted in the claim against Alexander that he was a former UNC senator who, since 2008, declared himself to be a “strong party supporter” of the People’s National Movement. He did not admit to being a “PNM financier” as Alexander described him.

Alexander, meanwhile, described himself as a hard-hitting journalist who had a style of jarring the public into thought and inciting action and who did not “shy away from addressing issues of national importance no matter how controversial.” He has also been promoting the PEP as an alternative to the PNM and UNC.

In his claim, Gabriel said statements made by Alexander, in their natural meaning, meant that Gabriel had engaged in criminal and corrupt acts so odious and contemptuous that his family would have to leave the country when exposed.

Gabriel’s mother is veteran bandleader Rosalind Gabriel, and the family is a stalwart in the local Syrian Lebanese community, the judgement said. Alexander had called the names of Gabriel’s family members.

In her assessment of Alexander, the judge said he was “obviously passionate about his political views” but exhibited a tendency to be “garrulous” and unnecessarily expansive in his answers at the trial.

“Speaking out against corruption for transparency, accountability and with a view to preventing a collapse of our democracy is a very good thing and is only to be encouraged.

“The need for campaign and party financing has been a long standing issue. Citizens understand that unchecked and unaccountable political spending can pave the way for corruption. But the absence of progressive legislation does not justify hurling out unsubstantiated accusations of corruption against individuals on the basis of suspicion and what we regard as ‘ole talk’,” the judge said.

Gabriel was represented by Douglas Mendes SC, and Mohammed Haniff. In an e-mailed statement, Alexander said he disagrees with the judge’s interpretation of the facts and has already signalled his intention to appeal.’

This story was originally published with the title "PEP's Alexander to pay $.7M to Andrew Gabriel" and has been adjusted to include additional details. See original post below.

Progressive Empowerment Party (PEP) leader Philip Edward Alexander has been ordered to pay to businessman Andrew Gabriel a little over $.7 million in damages for defamation.

The order was made by Justice Carol Gobin who presided over a defamation claim Gabriel filed against Alexander for statements the PEP leader made in February and April 2017 on a radio programme.

In her ruling, Gobin reminded Alexander that the case was not as he perceived as one about “truth, justice and a better country for all,” but was a defamation action, “plain and simple.”

“There are cases that deal with these noble causes, but this is not one of them,” Gobin said, adding that it was not the first lawsuit of its kind against an active politician but only confirmed the limits of two “important constitutional rights: the freedom of express and the right to the expression of political views.”

“And it has long been established that these rights are not absolute. They do not trump the laws of defamation,” she added.

Alexander, who represented himself at the trial, relied on a plea of justification and the judge said he produced no statement of fact in his defence or evidence to establish the truth of his utterances about Gabriel.

“They remain ugly lies and the law does provide for consequences,” she said, adding that the second statement “was as bad or worse” than the first.

Gobin ordered Alexander to pay $775,000 in general and aggravated damages.