Nandlall wins defamation case against Basil Williams over “stolen” law books allegation
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– court upholds evidence that contract existed for State to pay for law books
Attorney General and Minister of Legal Affairs Anil Nandlall, SC, has won an over $10 million judgement against his predecessor Basil Williams, SC, over his longstanding allegations that Nandlall “stole” Commonwealth law books and would have been charged for it.
The judgement was handed down by High Court Judge Priya Sewnarine-Beharry on Friday. In her ruling, Justice Sewnarine-Beharry awarded damages of $10 million to be paid by Williams. She also applied interest on the award at a rate of 6 per cent per annum from April 4, 2017, to June 29, 2023.
Justice Priya Sewnarine-Beharry
Additionally, the Justice ruled that interest of 4 per cent per annum would be applied after June 29, 2023, until the judgement was fully paid. Justice Sewnarine-Beharry also ruled that costs in the sum of $1.6 million must be paid by Williams to Nandlall by August 18, 2023.
According to the court documents, Nandlall commenced subscribing to Lexis Nexis (UK), publishers of the Commonwealth Law Reports, sometime in 2003, and to date still does; with the arrangement that individual Law Reports are shipped to him along with an invoice, which he pays upon receipt of each Report.
However, during discussions with the then President, Donald Ramotar, prior to his appointment as Attorney General and Legal Affairs Minister in 2011, Nandlall requested that as a condition of his service, the Government of Guyana take over payment arrangements with Lexis Nexis (UK) in relation to the said Commonwealth Law Reports for the period during his tenure in office.
In her ruling, the Justice found that Williams failed to disprove the evidence Nandlall presented to the court that the Government of Guyana indeed came to an agreement with him, as part of his contract before he was first appointed Attorney General, to pay for his law books.
Nandlall’s predecessor Basil Williams, SC
According to Justice Sewnarine-Beharry, “the claimant’s evidence as a whole, particularly his evidence, that the Government of Guyana took over the payment arrangements he had with Lexis Nexis (UK) in relation to the said Commonwealth Page 10 of 13 Law Reports during his tenure as AGMLA was not discredited and remained competent, cogent and compelling.”
The Judge also ruled that “it is the considered view of this court that the claimant has established on a balance of probabilities that the defendant published the defamatory words complained of.”
In her ruling, the Judge noted that Williams denied he published the words complained of. Instead, he admitted to saying that Nandlall could be prosecuted for larceny of the Commonwealth Law Reports. However, video evidence told another story.
“This contention is rebutted by the video recording tendered into evidence. This video recording shows the defendant uttering defamatory statements while being interviewed by the press. It is to be noted also that defendant led no evidence to contradict the account of his published statements that were recorded and reduced into writing in the Guyana Times Newspaper and Demerara Waves.”
Factors
According to the Judge, a number of factors were taken into account in arriving at her ruling. These include; “The defamatory statements attacked the claimant’s reputation and professional standing; The defamatory statements were bound to cause considerable distress, anxiety, and public humiliation; Prior to the defendant publishing the defamatory statements of and concerning the claimant, both the claimant and His Excellency President Donald Ramotar issued public statements explaining the claimant’s terms of employment; The defendant’s interview by the press was widely covered.”
Attorney General and Minister of Legal Affairs Anil Nandlall, SC
Other factors that were considered include; “The defendant’s insistence on pursuing his defence at trial to further cast aspersions on the plaintiff’s character knowing that he was not in possession of evidence to substantiate the pleadings; defendant’s insistence on misstating facts and asserting facts which did not arise during the course of the trial; failure of the defendant to apologise or publish an apology.”
In April 2017, Nandlall had filed a $125 million lawsuit against Williams, alleging that he had stolen a series of Commonwealth Law Books from the State while he occupied the office of Attorney General and Minister of Legal Affairs.
Williams, the then Attorney General, had declared only the month before that charges were looming against Nandlall, who admitted to having the books but denied stealing them; but Nandlall had explained that the books were acquired under an arrangement with President Donald Ramotar and in regard to his appointment as Attorney General and Minister of Legal Affairs.
In his lawsuit, Nandlall had also contended that because he had critiqued the performance of Attorney General Basil Williams, he was being victimised. Nandlall had thus moved to the court, seeking damages in excess of $25 million each for slander and libel published on March 24, 2017, at a press conference hosted at the National Communication Network Inc; another $25 million for libel published on page 11 of the Guyana Times newspaper on March 25, 2017; damages in excess of $25 million for slander published during an outreach programme in Berbice on March 26, 2017; and another $25 million for libel published by Demerara Waves Online News on March 27, 2017.
He also sought exemplary/aggravated damages and interest on all damages awarded pursuant to Section 12 of the Law Reform (Miscellaneous Provisions) Act Chap 6:02. (G-3)
Nandlall wins defamation case against Basil Williams over “stolen” law books allegation - Guyana Times
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Nandlall wins defamation case against Basil Williams over “stolen” law books allegation - Guyana Times
– court upholds evidence that contract existed for State to pay for law books Attorney General and Minister of Legal Affairs Anil Nandlall, SC, has won an over $10 million judgement against his predecessor Basil Williams, SC, over his longstanding allegations that Nandlall “stole” Commonwealth...
