Businessman and social activist Inshan Ishmael has lost his defamation lawsuit against the T&T Express newspaper, its editor-in-chief and a journalist over a series of articles from 2017, which claimed that he was being investigated for alleged terrorist financing.
Delivering a written judgment on Wednesday, High Court Judge Frank Seepersad dismissed the case against the newspaper, editor-in-chief Omatie Lyder and journalist Renuka Singh, as he ruled that Ishmael’s defamation claims in relation to the four articles were devoid of merit.
He said, “The four articles were fair, measured and balanced. The requisite comments were sourced, they contained the claimant’s denials, as well as him distancing himself from any terrorist involvement.”
In the lawsuit, Ishmael was claiming that the articles published in January 2017 were baseless, false and malicious and had a significant negative effect on him and his businesses.
The articles alleged that he was being investigated by the Financial Investigations Branch (FIB) after a series of flagged bank transfers between 2009 and 2014 to two international charities - Muslim Aid and Human Concern International, which were allegedly linked to terrorist organisation at the time.
“Having read the first article, the court formed the view that same was balanced and accurately quoted information which was supported by documentation,” Seepersad said, as he noted that Ishmael’s response to the allegations was not “tucked away” in the publication but formed a substantial part of it.
Seepersad noted that Ishmael’s complaints about the subsequent articles were based on the rehashing of information from the first.
While Seepersad noted that the case should be dismissed based on his findings of whether the articles contained defamatory content, he still went on to consider whether the newspaper and its editorial staff could avail themselves of the defence of Reynolds privilege if they (the articles) were found to be defamatory.
He began by pointing out that there is a strong public interest in the enforcement of laws related to terrorist financing.
He noted that in one of the articles, Singh reported that a source within the Attorney General’s Office indicated that the investigation into Ishmael was closed.
“The publication of this position demonstrated that the first defendant was not driven by malicious intent and the information which was published referenced matters of public interest,” Seepersad said.
He also ruled that the publications were justifiable and not offensive.
While Seepersad highlighted the role of investigative journalism in a functional democracy, he claimed that the articles did not fall into that category of journalism.
“It is the view of this court that the articles were not the product of investigative reporting, as there was neither an unearthing of information which was hidden in the dark nor was there the exposing of conduct which required review, rejection or action,” he said.
Although Seepersad warned of the potential effects of reports which may inform persons of investigations they may be subjected to, he noted that the investigation into Ishmael was not compromised by the reports, as they were published almost two years after it (the investigation) commenced.
Testifying in the trial, Ishmael repeatedly denied that the two charities had terrorist links, as he noted the money that was obtained through local collection drives was intended to provide aid to persons living in Somalia. He could not say why one of the transactions which was not completed was flagged by Royal Bank of Canada (RBC).
Through the lawsuit, Ishmael was seeking damages for alleged damage to his reputation and $1.5 million in compensation for loss of earnings, as he claimed he lost business opportunities due to negative feedback on the articles.
Ishmael was represented by Reginald Armour, SC, Ravindra Nanga and Elena Araujo, while Farees Hosein and Carolyn Ramjohn-Hosein represented the newspaper.
