by Linda Straker
- Joseph claimed Dr Mitchell was an investor in failed aquaculture shrimp farm project
- In January 2021 the High Court dismissed Joseph’s appeal
- Government in March 2019 announced an investigation
Almost one year after a Master for the High Court in Grenada dismissed the application filed by Claudette Joseph to file a late defence in a defamation lawsuit against Prime Minister Dr Keith Mitchell, Joseph has lost the appeal in the OECS Court of Appeal.
In January 2021 the High Court dismissed Joseph’s appeal after she sought to file a defence after the allocated time assigned by the Court and the lawyer for Dr Mitchell sought a judgment in default.
“Claudette Joseph has lost the appeal against Prime Minister Keith Mitchell in a judgment handed down by the Court of Appeal today,” said Nigel Stewart, attorney at law for Dr Keith Mitchell. “In effect, the Court of Appeal has reaffirmed the judgment of the High Court in awarding judgment against Claudette Joseph in relation to defamatory comments made in relation to the shrimp farm project,” he explained.
Joseph, using broadcasting outlets, claimed that Dr Mitchell was an investor in the failed aquaculture shrimp farm project. She pointed to a YouTube video as evidence of the claim. However, Dr Mitchell has denied that he was an investor in the project which was an approved Citizenship by Investment Committee. The Government in March 2019 announced an investigation into that project after it failed to materialise.
In December 2019, Joseph received a letter from the law firm of Nigel Stewart and Associates demanding that Joseph cease and desist from repeating the claim; apologise, and pay compensation in the amount of EC$350,000 within 7 days of receiving the pre-action protocol letter.
The parties did not reach an out-of-court settlement and Claudette along with her legal counsel did not file a defence in the matter within the allocated court date. As a result, there was a judgment against her. She attempted to file a defence after the allocated time but the court dismissed her application.
After hearing arguments by both attorneys on an application filed on behalf of Joseph, for permission to file a defence to Dr Mitchell’s suit, the Court agreed with Stewart’s submissions, that Joseph did not meet the necessary threshold or satisfy any of the conditions as prescribed by law and proceeded to dismiss Joseph’s application.
That is the judgment she appealed and the OECS Court of Appeal has upheld the decision of the High Court. The parties are set to return to court later in the year for assessment and then she will know the amount of money the Court will award Dr Mitchell.
When asked about the judgment of the Court of Appeal, Joseph said, “Regarding the ruling given in the Court of Appeal today in the case between Keith C Mitchell and me, the matter is with my lawyers as I await the written judgment of the court.”
This type of litigation will continue unless, laws are changed and implemented. At the moment there are no institutions in Grenada that can investigate any government bodies without political interference.
So while a person lost a case on defamation does not mean the allegations are not true. Had there been a full criminal investigation without political interference with the findings made public they would be no defamation case.
This goes to show there are no means to truly investigate folks in high places. So people are left to do in their own investigation without investigating powers.
I implore our young men and women to hold on to their honesty, integrity, ethics and dignity. It seems likeveveryone in Grenada has a price and are willing to sell their souls to eat ah food.
The only way institutions in Grenada can function at the highest standards is when there are managed by people integrity, honesty and ethics.
People are scared to do the right thing…
Most older folks in Grenada have proven that can be bought and sold if the price is right. When you look around Grenada there is hardly anyone who can objectively look into a matter without political bias.
Grenada has lost millions due maladministration/corruptions. For example, 14 million drawned down by crooked investor on a loan that government stood security for….who got the 2 million finders fee for the stadium. The First International bank offshore scam. There are books on this with facts…and court filings which public has access to. There are individuals who admitted under oath of collection bags of cash…
When is our Attorney General office given full investigative powers to criminally investigate anyone…including the PM office and all elected officials without political interference.
Who investigate the police for wrong doings without political interference.
Equality and Justice for all…
Until then it’s business as usual.
The only folks who are not protected from criminal investigation are poor people and their children. The very same poor people who continue give the handful people power who continue to make life a living misery.
Whether you support the PM or not, this should be a very important lesson in the use of social media. There are laws we need to pay attention to when making claims about other individuals you disagree with or have an issue with. We need to do our due diligence before propagating certain information on social media platforms.
Dear “Julien”
Please note. There are other people with the name “Julien”. Therefore as a matter of (identification) principle you SHOULD post your full name when making comments – if only to ensure that we do not confuse the contributions being made by those with the same or similar names.
Thank you
Michael Julien
What a farce. Mitchell has robbed Grenadians of thousands of dollars already simply by doing a poor job and being paid for it. He doesn’t need any money. Show us how this woman’s comments had any affect whatsoever on Mitchell’s already sketchy reputation. Only if you show harm you get a judgement in your favour.
There should be a judgement requiring Keith to pay back the money wasted on paying him and the people’s money he wasted. Keith was not harmed by her words it just pissed him off so he used his power to make an example of her. A message to anyone who opposes him. Leaders like that no country needs, they only think of themselves. Just my humble opinion… but somehow I think JenJen and I are not alone in our thoughts.