Gary Griffith loses libel claim over FUL articles

File photo: Gary Griffith
File photo: Gary Griffith

A HIGH COURT judge has dismissed the defamation and libel claim of former police commissioner Gary Griffith against an investigative journalist and a media house over a series of articles relating to the issue of firearm licences, published in 2020.

In an oral ruling on Monday, Justice Jacqueline Wilson held that the three articles, written by journalists Denyse Renne and Rickie Ramdass, and published by the Trinidad Express between October 25-26, 2020, were the product of responsible journalism.

She upheld the media house’s defence that the articles were protected by Reynolds privilege.

In his lawsuit against the journalists and the media house, Griffith claimed they “intentionally or recklessly” brought his good name and the performance of the functions of his office as commissioner, as he was when the articles were published, into public scandal and disrepute.

In her ruling, which she will provide in writing before the end of the week, Wilson held that Renne relied on information she received from a confidential source in the police service and took reasonable steps to verify that information, which included making direct inquiries of Griffith, whose responses were published in full.

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Also published in full, the judge said, was a release from the police denying the allegations contained in the articles of a provisional licence being granted to someone under active police investigation.

Wilson said she accepted that Renne took reasonable steps to gather and publish the information, and held that the articles were responsible and fair.

The judge said while Griffith was entitled to have his reputation protected, it was in this context that the defence of Reynolds privilege struck the appropriate balance between freedom of expressiion, freedom of the press and the public-interest right to know.

She also said there was a sufficient public-interest element that firearm users' licences were issued to people of good character and failure to do so posed a threat to public safety.

Wilson also said allowances must be made for editorial judgment, as she ruled that the three articles were written and published in the public’s interest and met the standards of responsible journalism.

The third article, written by Ramdass, was a report of the police's press release and contained portions of the two previous articles. The media house raised a defence of reportage, but the judge said she did not need to consider it as she upheld the arguments on Reynolds privilege.

After the ruling, Griffith’s attorney Larry Lalla signalled his client’s intention to appeal and asked that time begin to run from the date the judge makes a final order on costs.

She invited both sides to advance their positions on the question based on the quantum of the claim.

The journalists and the media house were represented by attorney Farees Hosein.

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