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'Skeng Don' to get full apology from Seaga
Black rejects watered-down retraction; Clough says weak version was error
Erica Virtue, Observer staff reporter
Tuesday, December 23, 2003

Edward Seaga, the Opposition leader, is being forced to make a second, and more forthright, apology to controversial businessman, Kenneth "Skeng Don" Black, after an administrative error, Seaga's lawyers claimed, caused a weaker statement of regret to be published.

In the new version, to be published in newspapers this week, Seaga will "unconditionally withdraw the allegations and unreservedly apologise to Mr Black and his family" for his claim at a political rally two years ago that the construction company boss was illiterate.

An apology published and broadcast on Seaga's behalf on Sunday and yesterday had characterised the claim as "incorrect" rather than the stronger "false" that is to be in the new version.

In the old version Seaga conceded that there was no foundation for the allegations and sought to "correct the error" and to express "regret" instead of definitively apologise.

"It was a simple error," Raymond Clough, one of Seaga's lawyers, told the Observer last night.

"It is not a big thing. Don't make too much of it,' Clough added.

But Black's attorney, Bert Samuels, was concerned.

He told the Observer that the apology which was published was one that was proposed by Seaga's legal team, but rejected by Black.

"I don't know how that apology ended up in print because we sent them the agreed version of the apology three times," Samuels said.

Clough's explanation: "Somehow Mr Seaga sent the wrong apology to either Miss (Babsy) Grange (the Jamaica Labour Party's spokesperson on information) or Dawn Ritch (an advertising agency executive). That was how the wrong one came out in the Observer."

Clough said the correct version of the apology would be run in this weekend's papers.

Black, the principal of the construction firm Black Brothers, is a well-known supporter of the ruling People's National Party (PNP) and government contracts won by his company often attract substantial political attention and speculation on whether they are achieved on merit.
It was in that context that Seaga spoke about Black, a one-time music promoter, at a public meeting in St Elizabeth in October 2001, claiming that he could neither read nor write.
Black sued and Seaga initially claimed qualified privilege on the grounds that he had a responsibility, because of the position he held, to speak about a matter of substantial public interest.

However, at pre-trial proceedings last week he accepted Black's offer to settle the matter for an apology and legal fees of $500,000.

Seaga was essentially pushed into that position when that defence fell apart after a court had, only days earlier, struck it down in a case filed against the Opposition leader by former deputy commissioner of police, Leslie Harper.

In a 1996 speech Seaga had claimed that the government was seeking to remove then police commissioner, Col Trevor MacMillan and replace him with someone whose primary credential was support for the ruling party.

The court awarded Harper $3.5 million in damages plus costs, having rejected Seaga's argument about his responsibility to speak to the matter. Seaga's lawyers have said they will appeal that ruling.


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