On Friday, 08 December 2023 Mr. Guy Joseph won another victory in the Law Courts when the Caribbean Court of Justice (CCJ) dismissed the appeal brought by MBC in respect of a defamation suit filed by Mr. Joseph against MBC.
Mr. Joseph had filed the suit for damages for alleged defamatory statements made about him during a news broadcast by Miguel Fevrier prior to the last general elections.
However, MBC tried to use a technicality to have the matter thrown out contending that service of Mr. Joseph’s claim form and supporting documents was improper and therefore never effected and that the court should hold that the claim had been prescribed.
The High Court found that the claim form documents had indeed not been properly served and that this impropriety could not be remedied by an order that procedural matters be put right.
Mr. Joseph appealed the decision of the High Court at the Court of Appeal and won the appeal.
The Court of Appeal held that the improper service could be treated as an irregularity capable of being corrected under the Civil Procedure Rules and the decision of the High Court was reversed.
MBC subsequently applied to the CCJ for special leave to appeal the decision of the Court of Appeal. Again, Mr. Joseph was triumphant.
Legal costs were awarded to Mr. Joseph and the case was remitted to the trial court for further hearing.
The United Workers Party congratulates Mr. Joseph on his victory and will continue to advocate for free and unbiased political reporting by members of the media.
It is very clear that too many members of the media were politically motivated in their reporting in an effort to seek political favour.
We await the outcome of this and many other matters pending.
SOURCE: United Workers Party. Headline photo: Guy Joseph (Credit: THE STAR – St Lucia)