Maroc - NEWSDAY.CO.TT - A la Une - 22/Sep 19:13

Imbert threatens legal action over ‘defamatory’ CL Financial publications

FORMER finance minister Colm Imbert has signalled his intention to take legal action against one media entity over the publication of articles and broadcasts he alleges defamed his character and misused confidential information. Imbert, through his attorneys Farai Hove Masaisai and Mpule Williams, of the firm Hove and Associates, has accused Trinidad Express Newspapers and its affiliate CCN TV6 of publishing and amplifying false allegations that damaged his reputation. The letter was sent on September 22 to One Caribbean Media Ltd, the parent company of the newspaper and television station. The letter complained of articles and third-party comments made on the media house’s social media platforms, which, according to the attorneys, allegedly suggested Imbert engaged in fraud, conspiracy, money laundering and misconduct in public office. According to the pre-action correspondence, the publications were circulated widely in print, on the Trinidad Express website, and across Facebook, reaching large audiences between the “Trinidad Express Newspapers” and “CCN TV6-Trinidad and Tobago” pages. The controversy stems from a September 17 article headlined “CLF majority shareholder calls for probe into Imbert, Manning.” The report quoted Carlton Reis, a shareholder representative of CL Financial, who wrote to Police Commissioner Allister Guevarro calling for a criminal investigation into Imbert and former minister Brian Manning. The letter alleged malfeasance and conspiracy in connection with the liquidation of CL Financial and Clico. While the report referenced Reis’ claims, the attorneys say the inclusion of Imbert’s name and image under the banner headline, combined with online comments by readers, gave rise to accusations of defamation. Imbert’s attorneys argue the coverage encouraged the public to view him as corrupt and unfit for office, despite no charges or evidence being presented. The pre-action letter described the publications as a “breach of confidence” and “misuse of private information,” warning that they may also prejudice any potential police investigation. “Should an investigation be conducted by the police with respect to our client, your actions by sharing information which you ought to have known is private and confidential, on social media online and in print, can adversely and negatively affect the conduct of this investigation,” the letter said. The letter added, “Your public publishing of this information was irresponsible and reckless and can at best be described as irresponsible journalism and at worst malicious and premeditated. “Furthermore, these publications were also a breach of confidence and a misuse of private information. You knew or ought to have known that publishing this article was a reckless dissemination of such information to the general public would have caused the viewing public to make assertion and further disparage our client’s character.” It further alleges that by allowing defamatory comments to remain online, Trinidad Express and TV6 endorsed them and became liable for republication. “Your company has control over the article as it is the author and publisher of the same, and also has control over the defamatory comments published below your article, which you, your servants and/or agents have chosen not to delete nor warn your followers to cease and desist from disparaging our client’s good name. “You have taken ownership and endorsements of these libellous comments, and you are therefore liable in the tort of defamation.” According to the attorneys, the former minister has suffered “much shame, distress, anxiety and embarrassment” because of the publications. “These posts have been viewed by the public at large, both locally and abroad, our client’s colleagues, family, friends, staff and associates, which has caused him serious embarrassment. “The allegations you made are all false, disparaging, malicious and defamatory. “You ought to have anticipated that there was a significant risk that the article would be shared given the position of our client and the abundant appetite for gossip and matters of a salacious nature, of the public of Trinidad and Tobago. “Our client states categorically and emphatically that he is not capable of such a horrendous and dishonest act.” Imbert’s attorneys demanded that the media house remove the articles from circulation, delete defamatory comments, issue a public apology and provide a written undertaking not to repeat the allegations. They also requested a financial settlement for damages. Failure to comply by September 29 would result in High Court proceedings seeking injunctive relief and substantial damages, according to the letter. The post Imbert threatens legal action over ‘defamatory’ CL Financial publications appeared first on Trinidad and Tobago Newsday.