A lawsuit filed by the Community-based Environmental Protection and Enhancement Programme (Cepep) Company against Dr Roodal Moonilal was yesterday thrown out on the basis that the company cannot sue citizens and as a public entity.
In his ruling Justice Ronnie Boodoosingh said that State agencies such as Cepep are not legally protected to bring such lawsuits against the public and to safeguard themselves from any scrutiny such companies should be transparent with the citizens.
He said government bodies are open to public criticism and that the public should be free to criticise them and their operations as it was State-funded.
"The fundamental right of freedom of speech is involved here and there is a public interest consideration in allowing inhibited criticisms. The threat of a civil action can have a rippling effect on the right of freedom of speech, especially for a company with half a billion dollars of public funds each year," Boodoosingh said.
Moonilal initially brought a lawsuit against the company, and by extension the State, after the publication of a full-page advertisement in August 2016, alleging that there was misappropriation of $39.6 million of Cepep's funds on construction projects in his constituency while he was the company's line minister.
As a result, Cepep counter-sued claiming Moonilal made defamatory statements against the company's operations under the People's National Movement (PNM) administration. The company further sought an injunction preventing Moonilal from repeating such statements but the request was eventually withdrawn.
The lawsuit brought by Moonilal against the company will come up for hearing on February 23.