Prime Minister Gaston Browne’s defamation lawsuit against Martin DeLuca and the international law firm Boies Schiller Flexner LLP will proceed after the Eastern Caribbean Supreme Court rejected the firm’s attempt to have the claim struck out at a preliminary stage.
Director General of Communications Maurice Merchant said Thursday that Browne updated Cabinet on the proceedings during its weekly meeting Wednesday.
According to Merchant, Master Carlos Cameron-Michel dismissed the law firm’s application July 21. The firm is named as the second defendant in the proceedings.
The application reportedly argued, among other things, that Browne’s claim did not comply with certain provisions of the Civil Procedure Rules and disclosed no reasonable grounds for bringing a defamation claim.
“After hearing submissions from the parties and considering the written arguments and supporting authorities, the court refused the application for dismissal,” Merchant said during the post-Cabinet news briefing.
The court ordered Boies Schiller Flexner to pay EC$1,500 in costs by Aug. 12 and directed the firm to file its defence by Sept. 4. Browne will then be allowed to file a reply within the period prescribed by the court.
The case is expected to proceed to case management in accordance with the Civil Procedure Rules.
Browne told Cabinet that the decision represented an important procedural milestone because it allows the substantive issues raised in his claim to be considered by the court on their merits.
“I welcome the court’s ruling, which has reaffirmed the importance of truth, fairness and accountability in public discourse,” Browne said.
“While robust opposition and debate is an essential feature of any democracy, defamatory statements that unjustly damage an individual’s reputation have no place in our society,” he added.
Browne said the development was “not simply a personal vindication, but also a reminder that freedom of expression carries corresponding responsibilities.”
The ruling does not determine the merits of Browne’s defamation allegations. It allows the claim to proceed through the court.
This article was originally published by Antigua News Room. Read the original article here: Court Rejects Law Firm’s Bid to Strike Out PM Browne’s Defamation Claim.