SEAGA... claimed privilege to comment

SUPREME Court judge, Patrick Brooks, yesterday ordered Edward Seaga to pay former deputy police commissioner Leslie Harper $3.5 million in damages for slander, but Seaga's lawyer, Chris Bovell, immediately gave verbal notice of appeal.

Bovell also appealed for a stay of judgement.

"We are of the opinion that the judgement is wrong and that judgement should have been given for Mr Seaga," Bovell told the Observer.

HARPER... judgement less than I expected

Seaga is leader of the Opposition and yesterday's ruling against him arose from a March 1996 speech he made in Montego Bay which Justice Brooks held to have impugned the integrity of Harper, who is now a lawyer in private practice.

In the speech Seaga claimed that there was a move on the part of the Government to remove the then police chief, Col Trevor MacMillan, and replace him with someone whose credential was that of impeccable support for the ruling People's National Party.

Media houses that had reported Seaga's speech apologised to Harper, but the opposition leader held firm, claiming privilege to comment as he did on a matter of public interest.

The judge disagreed, however, and held that Harper's senior rank at the time and the nature of what was said about him had reduced him in the eyes of right-thinking people. The judge therefore ruled that Harper was entitled to aggravated damages and costs.

A written copy of Justice Brooks' ruling was not immediately available but Harper, who was represented by Lord Gifford, welcomed the decision but confessed a little disappointment over the quantum of the damage.

"The judgement was somewhat less than I expected in view of recent judgements," Harper told the Observer. "But I am happy about it anyway."

Harper's allusion was to the $34-million libel award against the Gleaner newspaper in favour of Tony Abrahams, that was upheld by the Privy Council earlier this year, and the $23-million that a local court awarded a policeman against CVM Television.

This is the second defamation case involving Seaga that has been through the courts in less than three months.

In the earlier one Seaga won the first round when Justice Marva McIntosh ruled during case management proceedings that Western Broadcasting Company, had in fact reached an out-of-court settlement with the opposition leader for a libel against him.

The judge held that under the agreement Seaga would be paid $3 million in cash and $17 million in advertising.

However, Western Broadcasting, which owns HOT 102 FM and is part of Neville Blythe's CVM Group, held that a full agreement was not in place, arguing that other parties to the issue had not been brought aboard.

The group is appealing Justice McIntosh's decision.

Regarding yesterday's ruling, Bovell suggested that if Seaga failed to overturn Justice Brooks' ruling at the Jamaica Appeal Court he was prepared to go to the Privy Council, Jamaica's UK-based court of last resort.

"But it's a little too early to say that," Bovell said. "He first has to go to the Court of Appeal."

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