A High Court judge has been asked to strike out a defamation lawsuit brought by the Community-Based Environmental Protection and Enhancement Programme (CEPEP) against Opposition MP Dr Roodal Moonilal.
Presenting submissions in the Port-of-Spain High Court yesterday afternoon, Moonilal's lawyer, Larry Lalla, said the claim should not be entertained by the court as government bodies are not entitled to sue individuals for defamation.
Responding to claims by CEPEP's lawyers that it should be treated as a State-owned trading corporation such as the National Petroleum Marketing Company Limited (NP), Lalla said it could not as it does not generate revenue for the State.
"CEPEP is not a company selling products on the market, which requires protection of its reputation. For this year it was allocated $530 million for its programmes which is a far cry from the $42 million net revenue generated by NP," Lalla said.
Lalla also criticised CEPEP's contention that it was not a state agency as its board members are not democratically elected.
"The board is changed every time a new government comes into office. Its reputation only extends to the Government which appoints them," Lalla said.
After hearing the submissions, High Court Judge Justice Ronnie Boodoosingh reserved his decision to January 18. Moonilal had initially filed a defamation lawsuit following a statement CEPEP had placed in the daily newspapers in August, on the misappropriation of $39.6 million in funds on construction projects in Moonilal's constituency of Oropouche East.
Moonilal had denied that the projects were undertaken in his constituency and later resorted to making certain statements against the operations of CEPEP, prompting it to file the counter-claim which is currently being challenged. CEPEP had initially sought an injunction preventing Moonilal from further criticising it, but withdrew the application before Boodoosingh was able to rule on it.