THE COURT of Appeal yesterday threw out an appeal brought by Western Broadcasting Services Ltd., former operators of Hot 102 radio, in which it was seeking an order to set aside the $20 million out-of-court settlement in favour of Opposition Leader Edward Seaga who claimed he was libelled in 1999.
Hot 102 radio has now been taken over by the CVM Communications Group.
Western Broadcasting, the first defendant, had contended that the out-of-court settlement included defendants The Break-fast Club Ltd., and Anthony Abrahams, journalist and talk show host.
Mrs. Justice Norma McIntosh, after hearing arguments and reviewing the agreement at a case-management conference at the Supreme Court, held that the agreement did not include those two defendants.
Western Broadcasting said the judge wrongly exercised her discretion when she embarked on a determination of the issue as to whether a settlement had been concluded between the parties.
The Court of Appeal comprising Ian Forte, president, Mr. Justice Algie Algernon Smith and Mr. Justice Karl Harrison (acting), dismissed the appeal and held that the judge was fully entitled to consider the evidence produced before her.
Seaga had brought the suit contending that he was libelled on 'The Breakfast Club' radio programme in September 1999 during a discussion of a book 'Born Fi Dead', written by American writer Laurie Gunst and an article written by American writer Jeff Stein on Eli Tisona, an Israeli national, who used to run the Spring Plains Farm in Clarendon which exported winter vegetables in the 1980s.
The settlement between Seaga and Western Broadcasting in July this year was that of the $20 million, there should be a cash payment of $3 million and $17 million in advertisements on CVM Television and on Hot 102 FM, as well as a letter of apology.
The libel suit against the other four defendants, The Breakfast Club Ltd., Abrahams, Gunst and Stein is pending in the Supreme Court.
