Former JCC head appeals dismissal of libel claim

FORMER past President of the Joint Consultative Council for the Construction Industry (JCC) Afra Raymond has appealed the dismissal of his libel claim against the body.

Justice Devindra Rampersad previously delivered an oral decision dismissing Raymond’s claim, and then provided a written judgment.

He said, having gone through all the evidence and submissions, the court was of the view that the claim should be dismissed, as the defence of qualified privilege ought to succeed.

Rampersad ordered prescribed costs quantified in the sum of $14,000 and gave the JCC permission to appeal on the issue of costs.

In his claim for compensation, Raymond alleged that a publication by the JCC in a paid advertisement on January 10, 2016, brought him into public scandal, odium and contempt and gravely damaged his character and reputation. He also claimed he suffered considerable distress and embarrassment.

The release concerned a letter Raymond wrote on September 27, 2015, about the commission of enquiry into the failure of the Las Alturas housing project.

In his decision, as he addressed the issue of liability, Rampersad said the court was of the view that despite the publication having the possibility of lowering Raymond in the eyes and estimation of right-thinking members of the public, the JCC acted in a measured manner.

He said the JCC took sufficient steps to satisfy the principles of qualified privilege.

Rampersad did not find any antagonism or hostility towards Raymond in the tone of the publication nor did he find any aggravation of the situation to suggest malice.

He also held that the JCC’s publication was made “after a relatively lengthy time period,” as more than three months had passed since Raymond’s letter was published, and was not done “in any hasty manner but was obviously geared towards resolving a relationship and preventing possible litigation.”

Raymond was represented by attorneys Justin Phelps and Tanya Carter. Leslie Ann Lucky-Samaroo and Nicholas Campbell represented the JCC.