JOURNALIST and sport commentator Andre Errol Baptiste has lost his appeal against boxing promoter Buxo Potts and has been ordered to pay $600,000 for defamation.
Baptiste of Gem Radio Five Ltd was accused of making defamatory statements during live radio broadcasts on three occasions between 2012 and 2015.
On September 28, 2018 in the High Court, Justice Margaret Mohammed awarded general and aggravated damages in the sum of $450,000 and exemplary damages in the sum of $100,000 to Potts. The appeal was dismissed with the appellants to pay costs.
The panel of Appellate Judges comprising of Justice of Appeal Alice Yorke-Soo, Justice of Appeal Mira Dean-Armorer (who delivered the judgment) and the Justice of Appeal Michael Holdip found in favour of the respondent Potts. The Appeal Court upheld and echoed the judgment ruling and findings of Justice Mohammed.
In determining the decision, the Court of Appeal judgment said, "The issues which arose were whether the statements were defamatory of the claimant/respondent, whether Mr Baptiste acted as a responsible journalist in permitting the airing of the defamatory material, so as to be entitled to the protection of Reynold’s privilege and whether the statements in question were fair comments."
The second and third radio programmes were out of line, according to the judgment. "The judge dismissed the claim in respect of the first broadcast, on the ground that it was statute-barred. However, she entered judgment for the claimant in respect of most of the impugned remarks, which were made during the second and third broadcasts. The judge held that the statements bore meanings that were defamatory to the claimant. She also rejected the defence of Reynold’s privilege and held that the remarks were not protected as fair comment. The judge awarded general, aggravated and exemplary damages to the claimant."
The Court of Appeal agreed with Justice Mohammed's ruling. "In the course of this judgment, we considered whether the judge was plainly wrong. We held the view that she was correct in her assessment of the meanings of the statement, in her rejection of the two defences and in her assessment of damages. Accordingly, we now dismiss the appeal and uphold the findings of the judge."
Baptiste can further fight the decision as he was granted 21 days' stay of execution with the possibility to appeal to the Judicial Committee of the Privy Council.
In response to the latest decision, Potts said, "The defamation I suffered in the form of smear tactics was severe and deliberate to ruin my good solid hard work and reputation in the sport."
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