HLDC Chair demands damages from Opposition Leader

Chair of the Housing and Land Development Corporation (HLDC) Beresford Phillips has demanded an apology and $140,000 in damages, from Leader of the Opposition Arnhim Eustace for comments made on Nice Radio last month.

Phillips’ lawyer, Arthur F Williams, in a letter to Eustace, dated October 14, 2014, said on Monday, September 22, 2014, on the New Times {{more}}Programme on Nice Radio, Eustace repeated words which mean that Phillips, as Agency Manager of Clico International Life (Clico) (and its subsidiary Sun General Insurances) “uses and abuses his Public Office as Chairman of the HLDC to engage in the unlawful and/or unethical practice of ‘insider trading’ by personally procuring insurance policies from Clico for each and every homeowner who purchases a property from the HLDC… to receive a pecuniary advantage from transactions which in the ordinary course of things should have been at arms length. Your words were calculated to affect the professional and/or business reputation of our client.

“These allegations are completely untrue and constitute a grave libel and slander of our client. You spoke the words complained in the wake of the collapse of a house built by the HLDC for Dr Katisha Douglas on 19th September 2014. The fact of the matter is that all homeowners of houses built by the HLDC are free to choose an insurer of their choice; Clico fairly competes for business just like any other insurer,” Williams letter to Eustace said.

Williams, in the letter, also claimed that Eustace’s words were also calculated to affect Phillips’ chances of being elected as the Parliamentary Representative for Central Kingstown in the upcoming general elections.

“As Leader of the Opposition, you fully well know this is a criminal offence under Section 51(3) of the Representation of the People Act 1982 for which you can be prosecuted.”

Williams, on behalf of his client, therefore demanded that Eustace write a letter of apology withdrawing his statements; undertake in writing that he will not repeat those words or similar allegations concerining Phillps; indemnify Phillips in respect of his costs thus far, which stand at $2,500; and pay an appropriate sum in damages in the sum of $140,000 to compensate Phillips for the “serious injury” to his reputation which he has suffered and the associated distress and embarrassment caused by the publication of the allegations.”

According to the letter, Eustace has been asked to reply no later than Friday, October 31, 2014 at 3 p.m.

“In the meantime, it must be clearly understood that our client has instructed us to prepare a Draft Claim Form claim for damages for Defamation should you fail to comply with out requests.”

Williams has also written to Douglas DeFreitas, managing director of BDS Ltd, demanding an apology, costs of $2,500 and damages of $140,000.

BDS Ltd is the operator of Nice Radio, the radio station on which Eustace’s comments were made.

DeFreitas has also been given until October 31 to reply to Phillips’ demands.