Vendor threatens case against mayor over “dump potatoes” allegation

Derek Achong

A roadside vendor has threatened to sue Chaguanas Mayor Faaiq Mohammed for publicly accusing him of selling potatoes scavenged from the Forres Park Landfill in Claxton Bay.

Rajindra Ali made the threat in a pre-action protocol letter sent by his lawyers Bhimal Maharajh and Kavita Moonasar to Mohammed, this morning.

In the correspondence, obtained by Guardian Media, Maharajh claimed that Mohammed defamed Ali in a post on his official Facebook page, last Thursday.

In the post, which was widely shared and commented on by social media users, Mohammed claimed that a vendor selling potatoes along Narsaloo Ramaya Road was arrested by municipal police officers and he (the vendor) told them that he sourced the produce from the landfill.

Mohammed called on members of the public, who may have purchased from the vendor, to immediately dispose of the potatoes. He also advised them to exercise caution and only purchase food from approved vending areas.

While Maharajh admitted that Mohammed did not identify Ali by name, he pointed out that the post included a photograph of Ali’s roadside stall, which he has been operating since April.

He also pointed out that Mohammed’s post was disseminated by local media companies to a wider audience.

Stating that Ali’s reputation has been seriously damaged, Maharajh said: “Members of the public, customers, business associates and members of the community have been led to believe that our client was engaged in the sale of food products recovered from a dump site and unfit for human consumption.”

“The allegations have adversely affected our client’s personal and professional reputation and have caused substantial embarrassment, distress, and financial loss,” he added.

Maharajh noted that Ali was charged with littering and pitching a stall contrary to the Highway Act and not a public health offence in relation to the potatoes.

He was granted bail by a Justice of the Peace (JP) and ordered to make his first court appearance before a magistrate on July 20.

Stating that the charges underscored the falsity of the allegations, Maharajh said: “The publication conveyed to the public that our client had engaged in conduct posing a serious risk to public health and admitted to selling potatoes sourced from a dump.”

“No such charge has been laid against our client and there exists no lawful basis for the publication of such allegation.

Attached to the letter was a receipt from a food distribution company from Freeport for a $600 pallet of potatoes, dated May 25.

Maharajh requested that Mohammed remove the post from his social media pages and publish  a full and unequivocal retraction and apology with similar prominence as his original post.

He also requested that Mohammed refrain from making the allegations against Ali in the future.

Maharajh gave Mohammed two days in which to provide a favourable response before he files the lawsuit seeking significant compensation.