Court of Appeal rules against Elwardo Lynch

Nine years after being sued for slander, radio host Elwardo Lynch and BDS Limited have been ordered to pay Prime Minister Ralph Gonsalves damages and costs totalling $190,000, plus interest.{{more}}

The OECS Court of Appeal, which was presided over by Justices of Appeal Hon. Ola Mae Edwards, Hon. Janice Pereira and Hon. Frederick Bruce-Lyle (ag.), handed down the judgement on Tuesday, June 21, 2011.

Lynch and BDS Limited appealed the original ruling made on November 26, 2008, based on several grounds.

The appeal claimed that the master (Eastern Caribbean Supreme Court Master Cheryl Mathurin) had mischaracterised the defendants’ mitigation evidence, “erroneously” treating it as inadmissible, awarded “unreasonable and excessive” damages, and had made an error in awarding costs and interest.

The Court of Appeal set aside the master’s order and instead ordered that the defendants jointly pay $140,000 in damages and prescribed costs of $30,000 on the claim.

Lynch was also ordered (individually) to pay Gonsalves $20,000; and both defendants pay five per cent interest on the judgement debt, dating from November 26, 2008, until “full and final payment”.

No order was made as to costs in the appeals.

The master (Mathurin) had ruled that each defendant was to pay Gonsalves $160,000 in damages, pay $33,000 in claimant costs at the High Court, and $22,000 in claimant costs at the Court of Appeal.

She had also ordered that three per cent interest be paid on the $160,000 sum from the service of the writ up to May 25, 2005 – when the judgement was delivered – then five per cent thereafter until the sum is paid off.

This original ruling came after Lynch was sued in 2003 for a defamatory statement he made on August 14, 2002, while hosting a New Democratic Party sponsored political radio programme on Nice Radio – which is owned by BDS Ltd.

He had claimed that Gonsalves, who was accompanied by his wife, mother and daughter on a trip to Rome to see the Pope, had used State funds to purchase the tickets for his mother and daughter. However, Gonsalves denied those charges.

Lynch maintained that his statement was intended as fair comment and not to “bring him [Gonsalves] into public ridicule, scorn and contempt, or falsely to accuse him of corruption and misconduct in public office”.

He further asserted that he had viewed the original demand for compensation as an attempt to intimidate him for “being critical of the ULP Government”.

Lynch was represented by lawyers Stanley John, Akim John and J. Julien; while Bertram Commissiong QC and Mira Commissiong represented BDS Limited.

Anthony Astaphan S.C. and Grahame Bollers represented the Prime Minister. (JV)