Derek Achong
Lawyers representing businessman Inshan Ishmael have called on four-time Calypso Monarch Weston “Cro Cro” Rawlins to make a public plea for citizens to refrain from reposting a recording of his controversial song allegedly directed at him (Ishmael).
On March 18, High Court Judge Frank Seepersad granted an injunction barring Rawlins from performing portions of his song “Another Sat is Outside Again”, which Ishmael contends are offensive and defamatory in his lawsuit.
In a letter sent to Rawlins’ lawyer Kareem Marcelle on Wednesday, Ishmael’s lawyer Richard Jaggasar pointed out that an unedited version of a video recording of Rawlins performing the song, which sparked the legal action, was still being shared by citizens on social media.
The video, which was posted on the YouTube page of WYZE 95.9 FM, a radio station based in Maplewood, New Jersey, had over 56,000 views, up to late yesterday.
“We have only identified three republications merely to make the point that it has been republished/reposted; however, if the need arises, we will be forced to file claims against each and every person who has republished/reposted the defamatory lyrics as is our client’s right,” Jaggasar said.
Although the court order was only directed at Rawlins, Jaggasar called upon him to publicly ask persons to “cease and desist” from republishing the song as he claimed that such action constituted a breach of Justice Seepersad’s order.
“We give your client 24 hours to make such a public statement calling on persons to cease and desist from republishing and/or posting the defamatory song and for the immediate removal of the song already posted,” Jaggasar said.
“Should your client fail or refuse to do so we have instructions to take the necessary steps to enforce the court order,” he added.
In his court filings, obtained by Guardian Media, Jaggasar claimed that on February 5, Rawlins, with the permission of the Copyright Organisation of T&T (COTT), performed a calypso that allegedly named his client.
Rawlins allegedly penned the song following social media furore towards Ishmael based on his comments on the celebrations hosted by residents of Beetham Gardens after Marcelle was called to the bar in November, last year.
“The lyrics of the song directly name, identify, and attack the Claimant; and encourages others to attack the Claimant verbally and physically and to financially abstain from his businesses,” Jaggasar said.
“As a result of the lyrics of the song the Claimant is now viewed as a criminal, a racist, and a thief,” he added.
Although Rawlins did not qualify for the semifinals of this year’s Calypso Monarch competition, which took place at Calypso Fiesta in Skinner Park in San Fernando on February 11, Jaggasar claimed that the video of the performance was widely shared.
Through the lawsuit, Ishmael is claiming general and aggravated damages for the alleged damage to his character.
In granting the injunction, last month, Justice Seepersad noted that while the calypso art form has been a catalyst of awareness and change in T&T, it should not be used to engage in ill-informed and baseless attacks on an individual’s character or integrity.
“We strive to live in a civilised space where freedom of expression must be balanced and must be engaged in a reasonable, fair, and proportionate manner which ensures that the fundamental rights of others are not eviscerated,” Justice Seepersad said.
“This court will not condone or accept any position which advances a narrative that social media comments or commentary by calypsonians is sacrosanct and that people should be free to say whatever they feel as they ‘speak their minds’ even if the content is divisive, derogatory, deceitful, dishonest or defamatory,” he added.
The injunction application came as Rawlins was due to host two shows at the Naparima Bowl, in San Fernando, and the Government Campus Plaza, in Port-of-Spain. While Rawlins was not barred from performing the song at the show, he was prevented from singing the portions which Ishmael claimed defamed him.
Ishmael’s substantive case against Rawlins is expected to come up for hearing before Justice Seepersad in the coming months.
Ishmael is also being represented by Nigel Trancoso. —Derek Achong