JCPC/2024/0066

Phillip Edward Alexander (Respondent) v Andrew Gabriel (Appellant) (Trinidad and Tobago)

Hearing listed

Case summary
Appeal
Change log

Case summary

Case ID

JCPC/2024/0066

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Andrew Gabriel

Respondent(s)

Phillip Edward Alexander

Issue

Were the statements made by the Respondent defamatory of the Appellant and, if so, what is the appropriate award of damages?

Facts

On 8 February 2017, the Respondent, a politician and journalist in Trinidad and Tobago, made two statements about the Appellant, one in an interview and one in a Facebook post. These included words such as “I will put your business in the road … when I come at you Andrew Gabriel, all yuh Gabriel family will pick up and leave this country” and “I will unravel your bandit clan right here in the public arena”. The Appellant owns an insurance brokerage firm and is a supporter of the People’s National Movement, a political party in Trinidad and Tobago. Following the Appellant’s filing of a claim for defamation on 9 February 2017, the Respondent made eight further Facebook posts about the Appellant, who amended his claim form accordingly. The Appellant argued that the statements were defamatory and that the ordinary listener or reader would have concluded that he was guilty of serious corruption, which had a devastating impact on him and his family. The trial judge found for the Appellant, awarding him general damages of TT $525,000 and aggravated damages of TT $250,000. The trial judge declined to consider the statements subsequent to the filing of the claim form except for the purpose of damages. The Court of Appeal allowed the Respondent’s appeal, finding that only one of the statements carried a defamatory meaning (accepting, as per the Appellant’s cross-appeal, that the trial judge was entitled to consider the subsequent Facebook posts at the liability stage as well) and that nominal damages of TT $10,000 were appropriate. The Appellant now appeals to the Judicial Committee of the Privy Council.