Democrat to pay libel

The Democrat has been ordered by a High Court Judge to pay EC$85,000 to two ministers of the ruling St. Kitts-Nevis Labour Party government by December 31st 2004.

Justice Charmine Pemberton ordered The Democrat to pay Minister of Housing, Agriculture, Fisheries and Consumer Affairs, Cedric Liburd, EC$35,000 and Minister of National Security, Justice, Immigration and Labour, Dwyer Astaphan, $50,000. The Democrat will also pay an additional EC$10,000 in costs in the Astaphan matter. The rulings from the High Court are for separate judgments in a hearing to put the Democrat Printery Company into receivership.

According to a Labour Spokesman, Minister Liburd's law suit arose out of an article published in The Democrat on Saturday, December 18, 1999 captioned: "Cedric Liburd's Conflict of Interest Case."

The Democrat alleged that Minister Liburd was part-owner of the vessel, "Carib Breeze" and that as Minister of Communications, Works and Public Utilities, he had a bias in favour of the "Carib Breeze" over the "Sea Hustler and that he was using his Ministry to enrich himself at the expense of the public and the owner of the "Sea Hustler." The matter went to trial on July 9, 2003, but The Democrat later opted for a consent judgment in both cases.

Judgment was subsequently entered in favour of Minister Liburd with damages to be assessed. An injunction was also granted against The Democrat, restraining it from publishing the said or any similar libel against Mr. Liburd.

On May 6, 2004 the assessment of damages came up for hearing and through lawyer Terence Byron, The Democrat, consented to pay $35,000, which included legal costs.

A June 11application to appoint a Receiver was granted on November 19 by Justice Pemberton to receive all profits of the Democrat Printing Company to satisfy the judgment debt. Justice Pemberton however suspended the Order until December 31, 2004 to give The Democrat a further opportunity to pay up the debt to Minister Liburd in full, failing which the company will go into receivership.

Minister Astaphan's case against The Democrat arose out of an article entitled, "Pick the Beam out of your eye, Dwyer," published in October 1999.

The article, purported to have been written by a parent whose child had recorded an event where Minister Astaphan spoke at the school, said that Minister Astaphan was not a man of good character that he was racist, that he spit on people who passed outside his home, that he is a liar and a hypocrite, and robbed poor people.

Both libel matters were not contested by The Democrat and assessment for damages in both cases were heard at the same time by Justice Pemberton in Chambers.