Dervan Malcolm’s widow files injunction against blogger 119
The widow of veteran Jamaican broadcaster Dervan Malcolm has taken her increasingly bitter battle with blogger Milton “119” Wray to the Supreme Court, seeking an urgent injunction to halt what she describes as a “relentless and damaging campaign” against her.
Patrice Hussey-Malcolm, an executive sous chef, has filed a defamation claim against Wray, operator of the YouTube platform, The 119 Channel, asking the court to restrain him from publishing or republishing allegations concerning her and to order the removal of seven videos at the centre of the dispute.
The legal action, filed on September 18, marks a dramatic escalation of a feud which has spilled across YouTube and social media and generated hundreds of thousands of views.
READ: ‘Total fabrication’: TikToker threatened with lawsuit over claims about Dervan Malcolm’s widow
Hussey-Malcolm, who was married to Malcolm for 26 years, alleges that Wray published a series of videos between August 28 and September 16 containing damaging accusations about her marriage and private life. The court documents say the broadcasts accused her, among other things, of infidelity and contributing to her late husband’s suffering and death — allegations she emphatically denies.
Her lawyers, Usim, Williams and company, are now asking the court to put the brakes on the broadcasts.
The application seeks an interim injunction preventing Wray, personally or through others, from repeating the disputed allegations while the substantive claim is determined. It also seeks the removal of the seven videos from The 119 Channel and other platforms within 24 hours of any order.
But Wray has shown no sign of retreating.
Last week, 119 upped the ante when he read on his YouTube platform from what he described as the particulars of a divorce affidavit filed by Dervan Malcolm in the Supreme Court, which he said contained allegations of infidelity. Those claims remain allegations and have not been established as fact in the present proceedings.
Wray has also dismissed the injunction bid in emphatic terms.
“What I am prepared to say is that this matter cannot proceed. It is impossible for this lawsuit to proceed through the courts,” he told Observer Online.
“It is an abuse of the judicial process and an assault on the free press. I can assure the public that this matter will certainly be dismissed, as it is fatally flawed.”
That is Wray’s position; the documents supplied do not show that a court has made such a finding.
The legal papers illustrate the extraordinary reach of the dispute. According to figures presented by Hussey-Malcolm’s lawyers as at September 17, one video had amassed more than 167,000 views, another more than 134,000, while a September 15 upload had passed 124,000.
According to the filed ‘Affidavit of Urgency’, 119’s channel “grew by 18 per cent (subscribers) and growing coupled with significant growth in viewership and engagement on all seven videos”.
Hussey-Malcolm argues that the damage deepens every day the material remains online.
In an affidavit of urgency, she says the publications have exposed her to unwanted attention, harassment, bullying and abusive commentary, causing distress, humiliation and damage to her personal and professional reputation. She further alleges that she has received death threats as a result.
She directly rejects the central allegations about her marriage, describing them in her affidavit as “false and fabricated”.
The Particulars of Claim say Wray continued publishing after receiving a cease-and-desist letter and had publicly invoked freedom of speech while maintaining that he would not stop discussing Hussey-Malcolm.
The widow is seeking considerably more than an injunction. Her claim seeks $2 million in special damages, alongside general and aggravated damages, damages for an alleged breach of Jamaica’s Data Protection Act, a court-approved correction and apology, interest and legal costs.
Wray scoffed at the litany of alleged damages set out in the document.
“The attorney who filed this lawsuit should be ashamed of himself. It is just an attempt to save face but the attempt will backfire spectacularly,” Wray shot back.
The allegations remain unproven, and filing a lawsuit or applying for an injunction does not amount to a judicial finding against Wray.
But with Hussey-Malcolm asking the court to shut down further publication and 119 declaring the case “fatally flawed”, a bruising social-media confrontation has now become a full-fledged legal battle.
The war of words may have begun on YouTube. Its next round is set to be fought in court.