Ferguson wins $6M libel judgement against Labour Minister.

High Court Judge Simone Morris-Ramlall, on Friday, found that statements made by Labour Minister Joseph Hamilton against former minister under the APNU/AFC government Annette Ferguson amounted to libel and has ordered him to pay her $6M in damages.

In April 2021, Ferguson through her Attorney-at-law Lyndon Amsterdam, filed a lawsuit seeking over $50M in damages for libel, contending that Hamilton had defamed her during an interview in March 2021 which was broadcast on the National Communications Network (NCN) and live-streamed on the People’s Progressive Party Facebook page.

Ferguson said that during the interview, Hamilton spoke about topics of a political nature and about several persons under the previous APNU/AFC government who are under investigation or have been charged by the Police in connection with the sale or transfer of lands to individuals in Guyana and suggested that she used  her ministerial position to acquire four houselots.

According to her, Hamilton “without justification suggested that as a government minister, she is the holder of more than one parcel of land and impliedly contended that she wrongfully used her office and power as a minister to acquire more than one house lot when this is not true.”

She further contended that the Labour Minister provided no evidence to support the veracity of the statements and that the deliberate and intentional falsehood was intended to tarnish her reputation as a former government minister and Member of Parliament to cause right-thinking persons to think that she is a corrupt and dishonest person.

As a result of Hamilton’s statements, Ferguson submitted that she became distressed, alarmed, and ashamed of herself and was contacted by several persons who heard the interview and claimed to believe the utterances of the minister. 

According to the former APNU/AFC government official, these statements were made by Hamilton to embellish and further his reputation within the People’s Progressive Party government without consideration for the damage being done to her reputation.

Given her good standing in society, she argued that the falsehoods uttered by Minister Hamilton have tarnished her character, lowered her estimation and reputation by right–thinking persons, and brought her position as a former government minister and Parliamentarian into disrepute.

Besides asking the High Court to award her over $50 million in damages, Ferguson had also applied for an injunction to restrain Hamilton, and his servants from uttering, repeating and/or disseminating to media and the public words similar to those from the interview with NCN.

Recounting the trial proceedings, Amsterdam said that the Labour Minister who was represented by Attorneys-at-Law Sanjeev Datadin and Donavon Rangiah had relied on the defences of justification, fair comment, qualified privilege as well as the Reynold’s Defence.

“However, during the trial, the Minister did not give evidence in his defence as his counsel had failed to file a witness statement on his behalf within the time stipulated by the court during the Case Management Conference,” Ferguson’s lawyer noted.

He explained that his client gave evidence on her own behalf as her other witness Yonette Obermuller died before the trial. At the end of the trial, he pointed  out that the Attorneys for the Labour Minister made a no-case submission but this was overruled by the trial Judge.

In light of this, Amsterdam said that Justice Morris-Ramlall, therefore, ruled that the words uttered by Minister Hamilton on March 12, 2021 against his client were false, thus causing injury to her reputation.

He said the Judge also observed that Hamilton did withdraw the words or offer an apology to Ferguson even though she showed evidence that she only had owned one house lot at Eccles, East Bank Demerara (EBD). Apart from damages, the Labour Minister has to pay Ferguson $350,000 in court costs.