Former Independent Liberal Party (ILP) leader Jack Warner has been ordered to pay Deputy Chaguanas Mayor Faaiq Mohammed an additional $430,000 in compensation for defamation.
In 2014, Mohammed was awarded $200,000 in general damages and $20,000 in exemplary damages over Warner’s claim that he accepted a $2.5 million bribe from the United National Congress (UNC) to vote for its candidate in the election of the presiding officer in the Chaguanas Borough Corporation.
In a 73-page judgement delivered on Wednesday, Appellate Judges Peter Jamadar, Gregory Smith and Prakash Moosai ruled that the damages initially awarded by High Court Judge Vasheist Kokaram were inordinately low based on the circumstances of the case.
The judges ordered Warner to pay Mohammed $500,000 in general damages for the embarrassment he suffered due to Warner’s claims and $150,000 in exemplary damages to serve as a deterrent against similar conduct in the future.
Warner will only have to pay a portion of the new compensation as he had paid Mohammed the compensation ordered by Kokaram, while the appeal was still pending. The damages are expected to slightly increase as Warner was ordered to pay interest on them.
Mohammed was present in court for the hearing but Warner was absent as he had a medical appointment.
Mohammed was elected as councillor for Charlieville on an ILP ticket in 2013. During elections for of Chaguanas Mayor and Deputy Mayor on November 6, 2013, Mohammed chose to vote for UNC candidate Vandana Mohit over the ILP’s candidate Falisha Isahak.
Mohammed claimed that his unexpected move was based on alleged complaints from his constituents over Isahak’s conduct when she held the post of councillor one behalf of the UNC.
Almost immediately after the controversial meeting, Warner ousted Mohammed from the party and accused him of taking the bribe.
In assessing Mohammed’s defamation claim, Kokaram had ruled that Warner’s allegations were “out-of-place, irresponsible and unsubstantiated.”
One year after scoring the legal victory, Mohammed was forced to sue Warner a second time as he did not immediately pay the compensation.
However, Warner eventually paid the money and avoided bailiffs moving against him.
Mohammed was represented by Anand Ramlogan, SC, Alvin Pariagsingh and Ganesh Saroop, while Keith Scotland, Asha Watkins-Montserin and Jacqueline Chang.