THE JUDICIAL Committee of the Privy Council, Jamaica's final appellate court, has given its decision in the long-standing libel case between The Gleaner Company and Anthony Abrahams. The Privy Council upheld the judgment of the Court of Appeal of Jamaica in awarding to Mr. Abrahams $35 million.
On September 24, 1987 Mr. Abrahams instituted libel proceedings against the Gleaner Company arising out of the newspaper's publication of an Associated Press (AP) wire story. The Gleaner filed a defence which was struck out by the Court of Appeal and an assessment of damages was ordered.
The hearing of assessment of damages before judge and jury commenced in the Supreme Court in May 1996. The jury gave an award of $80.7 million as compensatory damages in favour of Mr. Abrahams. The Gleaner successfully appealed to the Jamaican Court of Appeal and the award was reduced to $35 million in July 2002.
An appeal to the Privy Council in England was filed by the Gleaner's attorneys DunnCox saying that $35 million was excessive. The Privy Council heard the case between May 19 and 20 and reserved judgment, which was handed down yesterday.
The Gleaner was represented by Lord Lester of Herne Hill, a leading UK specialist libel barrister, and solicitor Martin Kramer of the UK firm Theo-dore Goddard. Mr. Abrahams was represented by Winston Spalding, QC, and Lord Anthony Gifford, QC, together with an English junior.
The Privy Council accepted the Jamaican Court of Appeal's characterisation of the case as being extraordinary and exceptional. They agreed that given the evidence of financial losses and personal injury suffered, the award of $35 million was not excessive. Stating that the circumstances of this case were special, their Lordships, in their conclusion stated that they had no reason to think that the award of so large an amount in the special circumstances of this case would inhibit responsible journalism.
The company having made provisions, will be in a position to comply with the Privy Council's decision.
