Michael Troupe v Leon Clunis v Sylvan Reid

JurisdictionJamaica
JudgeLindo, J.
Judgment Date13 December 2019
CourtSupreme Court (Jamaica)
Docket NumberCLAIM NO. 2012HCV06037
Date13 December 2019

[2019] JMSC Civ 240

In the Supreme Court of Judicature of Jamaica

CONSOLIDATED WITH:

In the Supreme Court of Judicature of Jamaica

CLAIM NO. 2012HCV06037

CLAIM NO. 2013HCV03683

Between
Michael Troupe
Claimant
and
Leon Clunis
1 st Defendant
Owen Ellington
2 nd Defendant
Television Jamaica Ltd
3 rd Defendant
Cvm Television Ltd
4 th Defendant
Attorney General for Jamaica
5 th Defendant
Between
Sylvan Reid
Claimant
and
Leon Clunis
1 st Defendant
Owen Ellington
2 nd Defendant
Television Jamaica Ltd
3 rd Defendant
Cvm Television Ltd
4 th Defendant
Attorney General For Jamaica
5 th Defendant

IN OPEN COURT

Mr Leonard Green and Ms Sylvan Edwards instructed by Chen, Green & Company for the Claimants

Mr Ransford Braham, Q.C., Ms Marjorie Shaw and Mrs Terry-Joy Golaub instructed by Brown & Shaw for the 1 st, 2 nd and 5 th Defendants

Mrs M. Georgia Gibson-Henlin Q.C., and Ms Coleasia Edmondson instructed by Henlin Gibson Henlin for the 3 rd Defendant

Mr Charles Piper Q.C., and Ms Petal Brown instructed by Charles E. Piper and Associates for the 4 th Defendant

Defamation — Libel — Whether words defamatory — Justification — Qualified privilege — Fair comment — Defamation Act, 1963 — False imprisonment — Malicious prosecution — Whether claimed for or established — Damages — Assessment

Lindo, J.
Background to Claim
1

On July 18, 2012, at about 5:30 a.m., search and seizure operations by the Jamaica Constabulary Force's Anti-Lottery Scam Task Force of the Major Organised Crime and Anti- Corruption Agency and the Jamaica Defence Force, under the command of Superintendent Leon Clunis, (Supt. Clunis) were carried out in the parish of Saint James. This was at the respective places of residence of Mr Michael Troupe (Mr Troupe) and Mr Sylvan Reid (Mr Reid), as well as at the home of one of Mr Troupe's sons.

2

At the material time Mr Troupe was a businessman, Justice of the Peace, Parish Councillor and Deputy Mayor for Montego Bay and he resided at Pitfour, Granville in the parish. Mr Reid was a businessman, Parish Councillor, and a deacon in his church, and he resided at Cornwall Court, in Montego Bay.

3

Arising out of the raid at the residence of Mr Troupe, an illegal High Point Ruger 9mm pistol with one magazine and five rounds of ammunition were found in a bathroom. US$10,000.00 cash, concealed in a section of a book with pages cut to fit the size of the bills and J$380,000.00 cash, found inside an inoperable computer, among other items, suspected of being used in lottery scamming, were also seized. Mr Troupe and his son Jevaughn were arrested and charged for the offences of Illegal Possession of Firearm and illegal possession of ammunition, while another son of Mr Troupe, Dwight, was charged with unlawful possession of property.

4

Mr Troupe and his son Jevaughn appeared in the Western Regional Gun Court on July 25, 2012 and Mr Troupe was offered bail. Mr Troupe's son Jevaughn pleaded guilty to the offences of illegal possession of firearm and illegal possession of ammunition and on July 31, 2012, the charges laid against Mr Troupe were dropped.

5

From the raid conducted at Mr Reid's home, laptops and other computers, cellular phones, flash drive, television set, a 2004 Toyota Harrier motor vehicle and documents relating to other motor vehicles were seized. Mr Reid was charged with unlawful possession of property. He remained in police custody until July 23, 2012 when he was offered bail. The case against him was dismissed before the commencement of the trial.

6

The operation conducted at Mr Troupe's residence was video recorded by the 3 rd and 4 th Defendants and the video recordings of the arrest of Mr Troupe, and the visual likeness of Mr Reid, were broadcast on the television stations operated by the 3 rd and 4 th Defendants, Television Jamaica (TVJ) and CVM Television Limited (CVM) on the day the operations took place.

7

Statements relating to the two operations were made by Supt. Clunis and then Commissioner of Police, Owen Ellington. Statements were made during the course of the police operations by Supt Clunis, and statements were made by Supt. Clunis and by Commissioner Ellington, at a press briefing held at the Office of the Prime Minister later that day. The respective statements were published and broadcast by the 3 rd Defendant in its Prime Time News broadcast and by the 4 th Defendant in its Midday News and in its News Watch 8 newscast on the same day and certain words were said by the news reporters of the respective television stations in introducing the statements.

The Claims
8

On November 6, 2012, Mr Troupe instituted proceedings against the Defendants claiming: “damages, including aggravated, exemplary and constitutional damages, for defamation against the 1 st Defendant, Leon Clunis … and the 2 nd Defendant Owen Ellington … Damages for defamation against the 3 rd Defendant TVJ … and the 4 th Defendant CVM TV … Damages, including aggravated, exemplary and constitutional damages for false imprisonment against the 1 st Defendant … The Claimant claims further that by virtue of the utterances of the 1 st and 2 nd Defendants and the publications of the 3 rd and 4 th Defendants … the Claimant suffered severe embarrassment and sustained damage. The 5 th Defendant is sued in its capacity as the representative for the Government of Jamaica pursuant to the Crown Proceedings Act”

9

The claim by Mr Reid, filed on June 20, 2013, mirrors that of Mr Troupe in substance, and will therefore not be restated.

10

The Claimants allege that the 1 st and 2 nd Defendants uttered and spoke defamatory words to the media with reference to them and that the 3 rd and 4 th Defendants defamed them when they “irresponsibly caused the defamatory utterances and the words of the 1 st and 2 nd Defendants along with comments from staff reporters … and visual images of the Claimant to be published …”. They aver that the words uttered by Supt Clunis and Commissioner Ellington and published by the 3 rd and 4 th Defendants “in their plain meaning or by way of innuendo were defamatory”.

The Defences
11

The 1 st, 2 nd and 5 th Defendants on December 28, 2012 and October 7, 2013, respectively, filed joint Defences in which they denied that the arrest of the Claimants was made falsely and maliciously, and stated that an investigation linking the Claimants to lottery scamming activities led to a seizure and search operation at their homes.

12

These Defendants admit that the 1 st Defendant spoke the words complained of, but indicate that the 1 st Defendant was justified in uttering the words as they are true in substance and in fact. In the Defence to the claim by Mr Reid, they deny that the words ascribed to the 1 st Defendant were published “of and concerning the Claimant” and state that the words were fair comment on a matter of public interest. They also admit that the 2 nd Defendant uttered the words complained of, but deny that the words were defamatory or that they caused damage to the reputations of the Claimants.

13

They also pleaded, inter alia, that, if necessary they “will rely on Section 7 of the Defamation Act”. They deny that the arrest of the Claimants was false, malicious, oppressive, arbitrary and unconstitutional and also deny that the 1 st Defendant and his officers abused their powers as police officers.

14

The 3 rd Defendant's Defences were filed on December 28, 2012 and October 15, 2013. It admits to broadcasting and publishing the words of the 1 st Defendant, denies that the words complained “bore or were understood to bear any defamatory meaning”, and states that the words are true to the extent that Mr Troupe was subsequently charged for illegal possession of firearm and illegal possession of ammunition. The 3 rd Defendant contends that the words were published on an occasion of qualified privilege or were matters of public interest and the reportage was fair comment on matters of public interest.

15

In relation to Mr Reid, the 3 rd Defendant states that the words complained of did not refer to him and are true to the extent that he was subsequently charged for unlawful possession of property. It adds that the words were published on an occasion of qualified privilege and or are matters that the public had an interest in hearing and viewing.

16

The 4 th Defendant's defences to both claims were filed on February 15, 2013 and October 9, 2013, respectively. They aver that the publication of the statements was not defamatory of the Claimants and that the published words were true or substantially true, or in the alternative, they were fair comment on matters of public interest and the circumstances of the publication were protected by qualified privilege. The 4 th Defendant admits that its videographer was ‘alerted’ to the existence of the raid in Cornwall Court, ‘learnt’ of the operation at Pitfour, and attended Pitfour and recorded the scene. It denies that the published words complained of were defamatory of the Claimants either in their plain meaning or by way of innuendo and also place reliance on the provision of Section 7 of the Defamation Act.

17

No Reply was filed by the Claimants to the Defendants' defences.

18

Both claims were consolidated by order of the court made on April 11, 2016 and were tried together. At the trial, the Claimants and the 3 rd and 4 th Defendants gave evidence on their own behalf and did not call any other witnesses. The 1 st, 2 nd and 5 th Defendants did not present any evidence in support of their defence.

The Claimants' Case
19

Mr Troupe's witness statement dated April 18, 2018 and filed May 14, 2018, was allowed to stand as his evidence in chief after portions of paragraphs 3, 6, 31 and 41, and paragraphs 37 and 48 were struck out as offending the rule against hearsay.

20

He states, among other things, that he was handcuffed, placed in the back of a truck, taken to Barnett Street Police Station and later...

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