'Butch' Stewart sues Perkins, Power 106 for defamation

[evanovitch]

'Butch' Stewart sues Perkins, Power 106 for defamation



Wednesday, August 05, 2009

Independent Radio Company, the owner and operator of Power 106 FM, and talkshow host Wilmot Perkins have been sued by Sandals chairman, Gordon 'Butch' Stewart for what he said were defamatory statements made about him and his companies "over an extended period of time during the period 2004 to 2008".

The suit, which named Christopher Zacca, the Air Jamaica Acquisition Group (AJAG) and Sandals Resorts International as the other claimants, alleges that Power 106 and Perkins "published and caused to be published false accusations of unlawful, corrupt and wrongful conduct by the claimants in collaboration with the then Government in the operation of Air Jamaica by the Gordon Stewart-led AJAG, which was damaging to the airline and to Jamaica and its people".

In the suit, Stewart, who is also chairman of the Observer, explained that in 1994 AJAG entered into a joint venture with the Government of Jamaica for the operation of Air Jamaica through ownership of the shares of the national carrier, in which AJAG held 75 per cent of the shares and the Government of Jamaica the other 25 per cent.

The board of Air Jamaica, Stewart said, comprised representatives of AJAG, the Government and, specifically, the Ministry of Finance.

"The operations of Air Jamaica and the decisions taken were matters within the knowledge of the Government of Jamaica through its representatives on the board of Air Jamaica, among other things," said the suit.

"The claimants state that because of the overall importance to Jamaica and its economy, the operation of Air Jamaica was a matter of public interest and at various times national concern," the suit said. "Public debate and expressions of concern were understandable and welcomed by the claimants as legitimate expressions on matters of public concern, even when those expressions were considered by the claimants to be erroneous, unfair, biased or wrong."

However, the claimants said that at various times during the operation of Air Jamaica by AJAG, and after the cessation of operation by AJAG, Perkins broadcasted "various allegations, statements and comments which were .outside of any legitimate or justified occasion of privilege and the scope of any legitimate and honest debate in the public interest".

The suit also alleged that Perkins and Power 106 "permitted and allowed callers to make allegations defamatory of the claimants".

Added the suit: "The claimants assert statements were repeatedly published by the defendants despite clear explanations of these issues at a press conference on the 3rd of February, 2005 with invitation, from the 1st and 2nd Claimants, for persons to contact them for further information or clarification."

[uswe]

Re: 'Butch' Stewart sues Perkins, Power 106 for defamation

Wat ah way Butch lub litigation ie? Him a sue Issa an now Motty.

[evanovitch]

Re: 'Butch' Stewart sues Perkins, Power 106 for defamation

at this stage mi no know if dis memory is real r not but mi memba Joshua was supposed to have said dat if u wan get someting off di discussion table a yaad, file suit....

[Gen]

Re: 'Butch' Stewart sues Perkins, Power 106 for defamation

defamation?

when was the last defamation suit filed dung deh and what was the outcome? kissteet.

[Dyoll_73]

Re: 'Butch' Stewart sues Perkins, Power 106 for defamation

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Gen</div><div class="ubbcode-body">defamation?

when was the last defamation suit filed dung deh and what was the outcome? kissteet. </div></div>

Over a decade ago, if I recall correctly, former JLP MP and Cabinet Minister, Eric Anthony Abrahams (who was also co-host of the Breakfast Club at the time) won a libel suit against the Gleaner; Abrahams had claimed that the Gleaner had published some story alleging corruption on his part and which had damaged his reputation. I don't remember the amount of money involved, but the damages awarded by the Court was said to be the largest ever in Jamaican litigation history. I think the Gleaner had appealed the award, and I'm not sure how much of it he actually received.

So what did Perkins say that was false and damaging to his reputation? He should say. Or is it just an attempt to silence Perkins?

[sistactry]

Re: 'Butch' Stewart sues Perkins, Power 106 for defamation

me listen to Perkins more time, and me always a hear him say to his callers, ohhh and ahhh, dont say this or that, I dont want to be sued,

him get sued all de while, is nothing new to him,

[H_O]

Re: 'Butch' Stewart sues Perkins, Power 106 for defamation

like i tell people:
&quot;Take a NUMBER---&gt;&gt;&gt;&gt;Join THE LINE!!!!

[Dr.Dudd]

Re: 'Butch' Stewart sues Perkins, Power 106 for defamation

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Humano</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Gen</div><div class="ubbcode-body">defamation?

when was the last defamation suit filed dung deh and what was the outcome? kissteet. </div></div>

Over a decade ago, if I recall correctly, former JLP MP and Cabinet Minister, Eric Anthony Abrahams (who was also co-host of the Breakfast Club at the time) won a libel suit against the Gleaner; Abrahams had claimed that the Gleaner had published some story alleging corruption on his part and which had damaged his reputation. I don't remember the amount of money involved, but the damages awarded by the Court was said to be the largest ever in Jamaican litigation history. I think the Gleaner had appealed the award, and I'm not sure how much of it he actually received.

So what did Perkins say that was false and damaging to his reputation? He should say. Or is it just an attempt to silence Perkins? </div></div>he won all the to the privy council. and gleaner has since started lobby to change the laws

[Dyoll_73]

Re: 'Butch' Stewart sues Perkins, Power 106 for defamation

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Dr.Dudd</div><div class="ubbcode-body">he won all the to the privy council. and gleaner has since started lobby to change the laws </div></div>

In a democracy, it shouldn't be made very easy to bring a lawsuit against journalists or media houses.

[Dr.Dudd]

Re: 'Butch' Stewart sues Perkins, Power 106 for defamation

I think that it should be easy. Since we don't really have a democracy, when the media is privately owned by interests that uses it as a tool for their selfish goals.I see what Murdoch have done and is still continuing to do. If the uS was a poor country as Jamaica, the democratic government would have imploded already. And Murdoch is not the first. Thus is replicated in every developing country. The media in the bastion of freedom, still does not treat blacks fairly. If we had that opportunity as is available in other countries, we could possibly have a chance. <div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Humano</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Dr.Dudd</div><div class="ubbcode-body">he won all the to the privy council. and gleaner has since started lobby to change the laws </div></div>

In a democracy, it shouldn't be made very easy to bring a lawsuit against journalists or media houses. </div></div>

[Dyoll_73]

Re: 'Butch' Stewart sues Perkins, Power 106 for defamation

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Dr.Dudd</div><div class="ubbcode-body">I think that it should be easy. Since we don't really have a democracy, when the media is privately owned by interests that uses it as a tool for their selfish goals.I see what Murdoch have done and is still continuing to do. If the uS was a poor country as Jamaica, the democratic government would have imploded already. And Murdoch is not the first. Thus is replicated in every developing country. The media in the bastion of freedom, still does not treat blacks fairly. If we had that opportunity as is available in other countries, we could possibly have a chance. <div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Humano</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Dr.Dudd</div><div class="ubbcode-body">he won all the to the privy council. and gleaner has since started lobby to change the laws </div></div>

In a democracy, it shouldn't be made very easy to bring a lawsuit against journalists or media houses. </div></div> </div></div>

In both Jamaica and the US, someone bringing a defamation suit against the media must show that there was malicious intent and a reckless disregard for the truth. This is very difficult to prove, and amounts to a very high standard which most defamation suits have found difficult to reach.

This is a good thing. This high standard separates lawsuits with merit from those whose purpose is merely to stifle vigorous debate or discussion. If the process was made easy, not just the powerful, but anyone, would bring frivolous lawsuits against the press; if you don't like what some journalist said about you, or you take issue with some piece of investigative reporting, you sue - the result of which would be a 'chilling effect' on freedom of the press - a fundamental pillar of a democracy.

The fact that there exists irresponsible journalists and false reporting doesn't mean the process should be made easier. Those lawsuits with merit will usually prevail. The solution is to continuously widen the pool of available information sources. That will include laws against media consolidation and more listener-supported media. When there is limited media, falsehood thrives.