Lawyer says talk show host will not apologize

The claim by candidate for the New Democratic Party (NDP) Benjamin ‘Ben’ Exeter that radio talk show host Dwight ‘Bing’ Joseph defamed him has been rejected by Joseph’s lawyer, with Exeter being advised to learn to accept criticism.

In a letter dated April 4, Grahame Bollers, solicitor for Joseph, denied that his client defamed Exeter by words he uttered on his ‘OMG in the morning’ radio programme on Boom FM on February 18.{{more}}

Bollers, in a letter sent to Exeter’s lawyer Israel Bruce, said, “Your client’s arrest was widely reported in the press and discussed extensively on the radio, television, print media and on the Internet and was a matter of public interest. Your allegation that the statement that you have attributed to our client was designed to further impact the present criminal proceedings against your client is a figment of your and your client’s fertile imagination. Your client is a politician and he should appreciate that as a public figure he is open to uninhibited public criticism.”

In his letter, Bollers, acting on behalf of Joseph, said that the words being attributed to Joseph may in fact be false, but are not defamatory.

Exeter has threatened to sue Joseph and Boom FM over statements that touch and concern the number of rounds of ammunition alleged to have been in the possession of Exeter at the time of his arrest earlier this year.

According to letters dated March 29 and addressed to Joseph and Boom FM, Bruce said that on February 18, 2016, the station, through comments made by Joseph, “published inaccurate and downright false information” about Exeter.

Bruce, in the letter, asks for, among other things, Joseph to apologize to Exeter, as well as pay compensation of EC$250,000. The radio station, in a separate letter, is also being asked to compensate Exeter with EC$250,000, bringing the total sum being asked for to EC$500,000.

The reference to Exeter having ammunition on him stems from a criminal charge that Exeter, the NDP’s candidate in Central Leeward during the last general elections, received after he was found with his licensed firearm outside the House of Assembly in Kingstown on Tuesday, December 29, 2015.

But in response, Bollers stressed, “our client denies that the words that you have attributed to him are slanderous of your client,” adding, “The statement that your client had 50 rounds of ammunition on his person at the time of his arrest may be false, but it is not clearly defamatory. Your client, at the time of his arrest, had approximately 20 rounds of ammunition on his person and a mere numerical dispute as to the number of bullets that he had in his possession does not in law constitute a defamatory statement. Additionally, the ordinary and natural meaning of the words used does not impute an allegation of criminality against your client.”

Quoting the case Oberschlick (No.2) 119 EHRR 357 at para 29, Bollers said: “The limits of acceptable criticism are wider with regard to a politician in his public capacity than in relation to a private individual. A politician knowingly and inevitably lays himself open to close scrutiny of his every word and deed…. and must display a greater sense of tolerance. “

Bollers, in his letter to Bruce, said that Joseph has a basic fundamental human right to freely express his opinions regarding Exeter’s suitability or unsuitability to run for public office.

“His public utterances critical of the NDP for choosing your client as the party’s candidate to contest the 2015 general election in Central Leeward and, of your client, are within the limits of acceptable criticism and cannot be regarded as being defamatory of your client. Your client’s election loss is confirmation that our client’s public pronouncements were indeed prophetic. He also correctly predicted that your client would lose this once marginal seat by more votes than the previous NDP candidate, Norrell Hull. Your client will not survive for long in the political trenches if he cannot handle criticism,” said Bollers in the letter.

He added that Joseph will not accede to the requests for an apology and for the payment of EC$250,000, because he has not slandered Exeter.

“We hope that your client will accept that his allegations are baseless and not waste time and money pursuing a claim that is doomed to failure.

“We must also express our shock that your letter was leaked to the press before it was even delivered to our client. Our client therefore has no choice but to ensure that copies of this letter are also disseminated to the press,” added Bollers.

(LC)