Judge found Opposition Leader “embellished” allegations made against government ministers
In her written ruling released here over the weekend, the judge outlined the reasons for dismissing Linton’s defence and ordering that an assessment of damages be conducted.
She said having examined the statements of case and the witness statements “I find that the defendant not only reported or repeated what was alleged but he adopted an embellished what was alleged.
“There was no allegation that the ministers of government had raped anybody. Also the young lady, who the defendant referred to as the virtual complaint, expressed a desire not to proceed with her allegations, which in the circumstances of the case means the allegation remained what it was, an allegation, not a proven fact”.
The judge noted also that “the thrust of the first named defendant’s statement was that the ministers were rapists and harbourers of rapists.
“I find that the defendant’s statements were allegations of facts and not an opinion and at in the circumstances of the case at bar, the defendant’s defence of qualified privilege has no prospect of succeeding and the defendant in this regard is therefore struck out”.
Justice Stephenson said she found that the words uttered and published conveyed to the fair minded listener that there are rapist ministers in the Dominica government and that the ministers have been harbouring and protecting rapist ministers including themselves.
She ruled that to “my mind the statement made by the first respondent went beyond what was reported to the police.
“He went on to make independent allegations and inferences by calling all the ministers of government “rapist ministers” and referring to the Government as one which harboured rapist ministers and upheld extortion of sexual services from young people seeking the facilitation of government services, and in all the circumstances of this case, I am of the view that the defence of Qualified Privilege would not succeed”.
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