Senior Reporter
derek.achong@guardian.co.tt
A United Kingdom-based digital journalist has been ordered to pay over $250,000 in compensation to an employee of the Ministry of National Security, who he named as being part of an alleged plot to destabilise the country.
High Court Judge Westmin James ordered the compensation on Tuesday as he upheld Tonja-Melanie Mannette’s defamation case against Pearce Robinson.
Mannette’s case against Robinson was based on a 49-minute live video posted by Robinson on his Facebook page on March 14, 2024.
In the post, titled: “THE FULL THREAT AGAINST TRINIDAD AND TOBAGO #SSA @FOLLOWERS,” Robinson detailed an alleged “Christian Coup” involving staff of the Strategic Services Agency (SSA), who were also members of the Jerusalem Bride Church.
Mannette’s name was only mentioned once as Robinson included her in a list of persons who were employed by the SSA and connected to the church.
In defence of the lawsuit, Robinson sought to rely on the fact that Mannette was an executive aide at the SSA and a member of the church.
He claimed that his post was based on reading reports on a National Security Council (NSC) shake-up and audit of the SSA as well as information he allegedly received from confidential sources, which he declined to name.
Robinson also admitted that he was not aware of the legal concept of “Reynolds privilege,” which is used by journalists as a defence to defamation claims.
In determining whether Mannette had been defamed, Justice James considered the structure of the broadcast instead of isolating the single occasion Mannette’s name was mentioned.
“The Court does not accept the Defendant’s submission that the Claimant was placed in a neutral list of persons having two coincidental affiliations,” Justice James said.
Justice James found that the allegations were plainly intended to lower her in the estimation of right-thinking members of society and to injure her professional reputation.
“An allegation that an officer within the national security apparatus is knowingly connected to a clandestine group which has infiltrated State institutions and is associated with surveillance, assassination and a silent coup strikes directly at her integrity, loyalty, trustworthiness and fitness to hold sensitive public employment,” he said.
He rejected Robinson’s defence of qualified privilege as he ruled that Robinson did not practice responsible journalism before publication including failing to give Mannette an opportunity to respond to allegations.
In determining the appropriate compensation for Mannette, Justice James considered the gravity of the allegations and the effect on her.
However, he found that she failed to prove that she was diagnosed with a psychiatric condition and transferred from the SSA to the ministry based on it.
He also considered that Robinson removed the post after being threatened with the lawsuit.
Justice James awarded $200,000 in general damages to cover Mannette’s hurt feelings and to vindicate her reputation.
He ordered $50,000 in aggravated damages based on Robinson’s failure to verify the information, the prolonged availability of the publication and the absence of an apology.
As part of his judgment, Justice James issued an injunction blocking Robinson from republishing the defamatory allegations.
He declined to direct Robinson to issue a public apology and retraction.
“The Court’s declaration, damages award and injunction provide vindication without compelling the Defendant to profess contrition,” he said.
Robinson was also ordered to pay $47,131.85 in legal costs.
In 2024, then-prime minister Dr Keith Rowley announced a major audit into the SSA’s operations based on information provided to the NSC by the T&T Police Service (TTPS).
SSA head Major Roger Best was removed and several SSA officials were reassigned.
Several officials were also charged with criminal offences related to the alleged possession and transfer of prohibited weapons, but the charges were eventually dismissed over delays in prosecuting them.
Mannette still has a separate pending lawsuit over being transferred to the National Security Training Academy.
Mannette was represented by Farai Hove-Masaisai, Mpule Williams and Chelsea Edwards, of Hove and Associates.
Robinson was represented by Nera Narine-Mollick.
