Coast Guard officer wins defamation case against brother

Justice Margaret Mohammed. -

A Coast Guard officer has won a defamation lawsuit against his brother after a High Court judge ruled that a series of social-media posts, WhatsApp messages and a phone call to Coast Guard headquarters falsely accused him of threatening to kill his sibling and others.

In a recent ruling, Justice Margaret Mohammed found that the brother, Elijah Christopher Mitchell, a community activist, defamed Jelani Mitchell between December 2020 and April 2021 by publishing repeated allegations on Facebook, in a family WhatsApp group and during a call to senior Coast Guard personnel. The judge ruled that the words conveyed accusations of gun threats, intimidation, extortion and improper conduct over a family land dispute.

Mohammed said the defendant failed to prove any of the accusations were true and found that the posts, some made on an open Facebook profile with wide public reach, were “very serious,” especially given the claimant’s position as an able-bodied seaman and licensed firearm holder with 13 years of service.

“I have found that the defendant has failed to prove that the defamatory statements he made were true, and as a consequence, he is liable for any loss suffered by the claimant.”

The court accepted that the statements caused the sailor embarrassment within his unit and distress within his community. While his Coast Guard employment was not harmed, he was temporarily suspended from a community council and from assisting his wife’s business after the allegations circulated.

“The defendant admitted in cross-examination that he posted the defamatory words on his profile on Facebook every day, three or four videos each. He also agreed that his posts have tens of thousands of views and likes, and that his Facebook profile is open and his content is shareable so that anyone can see his videos and share them.

“He also admitted that the posts with the defamatory words are still on his Facebook to date. In my opinion, the defendant’s evidence demonstrated that the reach of the posts of the defamatory words on the defendant’s Facebook was wide.

“In my opinion, the nature of the allegation in the defamatory words was very serious as it touched and concerned the claimant’s reputation, integrity and conduct as a member of the TTCG, which is an important arm of law enforcement in Trinidad and Tobago.

The judge noted that the defendant expressed no remorse and continued to leave the defamatory material publicly available.

Mohammed ordered the brother to pay $40,000 in general damages plus interest and $11,500 in prescribed costs. She also granted an injunction barring the defendant from repeating the defamatory statements and directed him to publish a public retraction and apology in the same manner the original statements were broadcast.

“In my view, the nature of the defamatory words made by the defendant about the claimant was very serious.

“It was also particularly serious about the claimant, who is a serving officer in the TTCG and the holder of a licensed firearm.

“As a member of the TTCG, the claimant holds a position of trust and any allegation of gun violence and threats to kill strikes at the core of his professional character and credibility.

“The defendant has shown no remorse, issued no apology, and instead defended the claim throughout with unsubstantiated allegations.”

Jelani Mitchell was represented by Justin Junkere and Mickael Rambert, while Lemuel Murphy represented the brother, Elijah Christopher Mitchell.