Foster, Jayanti to face off in July 2025 defamation trial
Written by Jada Loutoo on November 15, 2024
YOUTH Development and National Service Minister Foster Cummings and UNC Senator Jayanti Lutchmedial-Ramdial will face off in the courtroom in July 2025.
Three days in July have been set aside for Cummings’ defamation claim against the senator and a local media house. They are from July 21 to 23.
Justice Nadia Kangaloo set the trial dates at a pre-trial review on November 14, after she ruled on evidential objections.
The judge will also set the dates for the minister’s second defamation claim against Lutchmedial-Ramdial on the last day of the trial in July.
Before then, she will also rule on additional objections raised.
Cummings first filed a defamation lawsuit maintaining Lutchmedial defamed his name when, on May 5, 2022, at a UNC public meeting, she revealed the contents of a Special Branch report, which she said she received in her mailbox from a whistleblower.
The Express republished the unedited contents of the police report after Lutchmedial-Ramdial disclosed it at the meeting.
She then posted a statement on her Facebook account about the allegations, calling for the police to thoroughly investigate them.
Cummings contended the report was “private and confidential” and should not have been revealed to the public.
On May 16, 2022, at another UNC public meeting, Lutchmedial-Ramdial presented several documents, including a source-of-funds declaration form, two letters of award and a cheque, which all referenced Cummings, which she again posted on her Facebook page.
He subsequently sought an injunction to restrain Lutchmedial from reposting corruption allegations against him on her social media accounts.
On June 10, 2022, Kangaloo dismissed his injunction application, ruling that the information Cummings sought to classify as confidential could be in the public domain, as he is a politically exposed person.
In February, the Appeal Court allowed Cummings to reply to Lutchmedial’s defence by introducing evidence to rebut some of her contentions.
In June, the minister also filed his novel constitutional claim against the State over the “leaked” Special Branch report as he seeks to have his name cleared. He has claimed compensation for the “gross violation” of his rights to private life, the misuse of his private information and for breach of confidence by the State (through the actions of the police) by disclosing information in the Special Branch note which identified him as a subject of a police investigation.
He is also seeking redress for the “repeated acts of disclosure” of his information by the disclosure of the status of the investigation.
Former attorney general Ramesh Lawrence-Maharaj, SC, Ronnie Bissessar, SC, Rikki Harnanan, Kingsley Walesby, and Varin Gopaul Gosine represent the minister.
Former AG Anand Ramlogan, SC, Jared Jagroo, Kent Samlal, Vishal Siewsaran and Natasha Bisram represent Lutchmedial-Ramdial while the Trinidad Express is represented by Farees Hosein.
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