Maroc - NEWSDAY.CO.TT - A la Une - Hier 19:11

High Court dismisses defamation claim against attorney

A High Court judge has struck out a defamation claim filed by Shane Mahabirsingh, owner of Bilda Boyz Construction Services Ltd, against an attorney he claimed filed a false affidavit of service in a lawsuit against him. On January 29, Justice Frank Seepersad upheld a legal principle that shields statements made in legal proceedings from defamation claims. He ruled statements made in court are protected by absolute privilege. Mahabirsingh claimed attorney Issa Jones filed an affidavit of service for a previous lawsuit in which Mahabirsingh and Bilda Boyz Construction were sued for substantial sums. In that case, Robelto Mohammed, trading as Pet Professionals, and his wife, attorney Kimerly Harkoo-Mohammed, sued Mahabirsingh and the company for defamation in posts on his Facebook page. Jones represented the couple in that matter. When Mahabirsingh failed to defend the claim, a default judgment was entered against him in March 2024. Mahabirsingh claimed he had not been served with the case and disputed Jones’s affidavit of service, claiming it contained false information. He contended he suffered significant distress and reputational harm, and sued Jones for defamation in July. In September, Jones's lawyer, Farai Hove Masaisai, asked for the claim against his client to be struck out. Seepersad said, "Lawyers have an obligation to ensure that their client's or their witnesses’ reasoned, reasonable and rational instructions are placed before the court. “If in doing so they can be subjected to a defamatory claim, such a circumstance can undermine the rule of law and adversely affect the administration of justice. “Simply put, documents put before the court or statements made by lawyers during court proceedings are covered by absolute privilege and cannot be relied upon in a claim of defamation.” Seepersad noted that even if absolute privilege did not apply, Jones’s affidavit was not defamatory, as it merely recited what the process server had told him. The judge also noted that Mahabirsingh, who represented himself, lacked proper legal guidance in structuring his case. He advised that individuals should seek legal representation to ensure their claims are properly framed and follow court rules. “Serious thought should always be given before one decides to approach the court in person, as lawyers play a critical role, and their value and advice should not be disregarded. “Just as one would not typically operate upon oneself if there was a medical issue, so too citizens should exercise caution and avoid as best as possible...approaching the courts without the benefit of legal guidance.” Mahabirsingh’s lawsuit was dismissed and he was ordered to pay Jones’s legal costs of $10,650. Masaisai thanked the judge for developing local jurisprudence by ruling that court documents filed by attorneys could not be used to sustain a defamation case. The post High Court dismisses defamation claim against attorney appeared first on Trinidad and Tobago Newsday.