Judge decides businessman's lawsuit against Cro Cro on January 31

HOW far can a calypsonian go in their criticisms and commentary? Are they protected by qualified privilege and entitled to “extra lee way” or “almost parliamentary” immunity? These are the questions Justice Frank Seepersad will provide guidance on when he gives his ruling on the defamation lawsuit brought by Valsayn businessman Inshan Ishmael against former Calypso Monarch Weston “Cro Cro” Rawlins over his 2023 calypso Another Sat is Outside Again.

Seepersad will rule on January 31, a week before Carnival 2024. On Thursday, both men testified at the defamation trial at the Waterfront Judicial Centre, Port of Spain.

In the lawsuit, Ishmael claims the calypso, performed on February 5, directly named and defamed him.

“As a result of the lyrics of the song, the claimant is now viewed as a criminal, a racist and a thief.

“The lyrics of the song directly name, identify and attack the claimant; and encourage others to attack the claimant verbally (and) physically and financially abstain from his businesses.”

Also testifying was “calypso expert” Zeno Constantine, a former lecturer on the topic at the University of the West Indies.

Ishamel said his reputation was “one-hundred per cent” damaged by the song.

He said while he has never been to a calypso tent, he loved calypsoes and calypsonians whom, he accepted, were entitled to comment on public-interest issues.

“Throw picong, once it does not defame me. I am just trying to protect my name.”

He denied attacking people in Beetham or a young lawyer from that community. He also did not accept the calypso was criticising the criticisms (not his) of the Beetham lawyer, he said under cross examination from Rawlins’s attorney, Gilbert Peterson, SC.

Ishmael maintained the calypso was defamatory.

In his testimony, Rawlins said the calypso he performed at a TUCO competition did not reference Ishmael. He said the cornerstone of calypso was to speak on issues so society could compare and contrast views and react.

Rawlins insisted he never said Ishmael was a racist. He did admit to being bothered about references to people in Laventille and Beetham being referred to as “rats.”

“It was something bothering me as an Afro-Trinidadian.”

In his testimony, Ishmael denied making derogatory statements about people in those two communities. He said he has referred to criminal elements in Barrackpore, the Trainline in St Augustine and Caroni and did not single out Beetham or Laventille.

“I was referring to criminals.” He said the former police commissioner also referred to criminals as rats and cockroaches.

Rawlins said he supported a peaceful TT and anyone who denigrated anyone should “check themselves” in self-introspection.

In his evidence, Constance, who was called by Rawlins’s legal team as a expert witness, said Rawlins's calypso was not an attack by a calypsonian on a private person.

Constance said public figures opened themselves to criticisms from the people. In his testimony, Ishmael denied he was a "public person," since he never held political office, and described himself as an activist, "a somewhat journalist," a talkshow host and a businessman who commented on public interest matters.

Asked directly if calypsonians could express defamatory statements, Constance said they could make statements based on presumptions.

“They have extra lee way, almost parliamentary. “ He also said one side would always feel aggrieved but the “history of calypso was fatigue and picong.”

“One man’s trash is another man’s treasure. Calypso is meant to tease, heckle and mock.”

Constance admitted the boundaries were blurred when asked if it was a calypsonian’s responsibility to present their information accurately. He said the art of picong was dying.

“In this cancel culture, we cannot accept a joke.”

This, he also said, was a contributory factor to the death of the tents. Another was the preference for soca music.

Constance said the artfrom usually regulated itself but admitted calypsoes kept testing the line and “did not fear the court.”

On March 18, hours before Rawlins performed at a concert series in San Fernando and Port of Spain, Seepersad granted an injunction which prevented the veteran calypsonian from performing the song unless it was edited to remove “offending portions.”

That injunction remains in place until he gives his final ruling in the case.

At the trial, Rawlins's performance at the TUCO competition was played along with a radio talk show which focused on Ishmael.

Ishmael’s defamation claim also includes the Copyright Organisation of TT (COTT). The organisation’s CEO Ayana Belgrave Lewis also testified on Thursday. Also representing Ishmael are attorneys Nigel Trancuso and Linda Gopeesingh while Keith Scotland represents Rawlins. Senior Counsel Anthony Vieira represented COTT.