Judge to rule on Moonilal vs Rowley in March 2024

ON March 8, Justice Carol Gobin will give her decision in the defamation lawsuit that Oropouche East MP Dr Roodal Moonilal filed against the Prime Minister and a newspaper, its editor in chief and its reporter.

On Tuesday, Gobin set the date for delivering her decision after she gave directions for filing submissions.

Moonilal took issue with a story published in the Trinidad Express on January 6, 2020, which purportedly reported on an exchange of WhatsApp messages between Dr Rowley and Kirk Waithe, of the NGO Fixin' T&T.

Moonilal also sued the Trinidad Express, its editor in chief and the reporter who wrote the January 6, 2020 article.

The alleged messages mention Moonilal’s name.

Moonilal says the Prime Minister defamed him by inferring and implying he was involved in illegal and corrupt activities.

However, it is Rowley’s defence that the words complained of did not refer to Moonilal, but as the former housing minister, he had “questions to answer” on the Housing Development Corporation's (HDC) purchase of the Eden Gardens lands in 2012 for state housing.

In the WhatsApp exchange between himself and Waithe, Rowley chastised the latter for his silence on allegations of corruption under the previous People’s Partnership regime, referred to “UNC operatives” being involved in “outright and humongous thievery,“ and allegedly called Moonilal’s name in relation to the purchase of Eden Gardens.

The HDC bought the 50.5 acres of land for $175 million on the basis of a valuation by the Ministry of Finance's commissioner of valuations.

The land was valued at $52 million by a private valuator.

In his testimony on Monday, Rowley said his reference to “UNC operatives” had nothing to do with Moonilal, but insisted that the former minister did have questions to answer on Eden Gardens.

Also on Monday, the Oropouche East MP was questioned extensively about Eden Gardens and the valuations.

Also testifying were the Trinidad Express’s editor in chief Omatie Lyder and journalist, Anna Ramdass.

On Tuesday, Ramdass said she contacted Rowley about calls by Waithe and former UNC MP Ramona Ramdial for the termination of government minister Camille Robinson-Regis in response to a story published in the Sunday Express on January 5, 2020.

She said she asked him to comment on the calls and he referred her to Waithe for their WhatsApp exchange in December.

In cross-examination by Moonilal’s lead attorney, Larry Lalla, SC, Ramdass said the Prime Minister told her to contact Waithe and have him provide her with the WhatsApp exchanges.

She said she understood the prime minister to be raising questions involving corruption by several people and not specifically one person.

Ramdass also said the story published on January 6, 2020, was not about Moonilal, so there was no need to contact him.

She also said it was not her call to block out Moonilal’s name in the publication of the WhatsApp exchange, but that of her editors.

“I just reported exactly what the PM stated.”

She also said she was guided by her editors when asked why she didn’t do a follow-up story on the PM’s statements by calling Moonilal.

“I was reporting the PM’s response. That was the story. I did my job as a journalist on duty that day.”

She said she didn’t decide what was published or not, or what was deemed urgent or not.

“My editors make that decision.”

She said Rowley’s response to her was in relation to the calls for the minister’s termination, and “everything he said was important,” but it was her editors who decided what to publish.

“The story wasn’t about Dr Moonilal.”

The newspaper has denied the article was the product of irresponsible journalism and said the matter was in the public’s interest.

Dr Moonilal is also represented by attorney Vashisht Seepersad. Douglas Mendes, SC, Michael Quamina, SC, and Zelica Haynes-Soo Hon appear for Rowley.

The newspaper, Lyder and its reporter are represented by Justin Phelps and Rumeal Peters.

Monday's sitting was held at the Waterfront Judicial Centre, Port of Spain. Tuesday's hearing was held virtually.