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APPEAL COURT OVERTURNS LIBEL AWARD AGAINST WESTERN MIRROR
The Appeal Court on Tuesday overturned a 1997 Supreme Court ruling against the Western Mirror newspaper in a libel case brought by a policeman about an article which alleged that the Whitehouse Police Station in Westmoreland was being used for transhipment of cocaine. The court ruled in favour of Western Mirror editor, Lloyd B. Smith, whose lawyer, H. Charles Johnson argued successfully that a previous Supreme Court judgement was unfair. Following the article which appeared on Saturday, September 17, 1994 five of six officers stationed at Whitehouse were transferred during investigations by the police high command. The five policemen whose names were mentioned in the story filed a libel action against Smith and Western Publishers Limited which was subsequently consolidated with Corporal Rodney Lee being the only plaintiff. Attorney-at-Law Garth Lyttle who represented the policemen during the October 1997 trial before Justice Theobalds (now retired) argued that the story was malicious and an example of reckless journalism and contended that the story was based purely on rumours and allegations. The Defence counsel insisted, however, that the article was published in the public's interest and was therefore fair comment. At the end of the four-day trial in the Supreme Court, Justice Theobalds, ruled in favour of Cpl. Lee and made an award of $750,000.00 but did not state any reasons for his decision. The Western Mirror subsequently gave notice of appeal. In Tuesday's hearing before the Court of Appeal the Mirror's lawyer reiterated that the article was factual, balanced and without malice to which the judge's concurred. "This is not only a win for the Western Mirror but for all media practitioners in Jamaica as journalists should not be prevented from carrying out their work responsibly and with courage because of the spectre of libel suits," said Smith. "The judges have made an enlightened decision which augurs well for press freedom in this country.

APPEAL COURT OVERTURNS LIBEL AWARD AGAINST WESTERN MIRROR

The Appeal Court on Tuesday overturned a 1997 Supreme Court ruling against
the Western Mirror newspaper in a libel case brought by a policeman about an article which alleged that the Whitehouse Police Station in Westmoreland was being used for transhipment of cocaine.

The court ruled in favour of Western Mirror editor, Lloyd B. Smith, whose lawyer, H. Charles Johnson argued successfully that a previous Supreme Court judgement was unfair.

Following the article which appeared on Saturday, September 17, 1994 five of six officers stationed at Whitehouse were transferred during investigations by the police high command. The five policemen whose names were mentioned in the story filed a libel action against Smith and Western Publishers Limited which was subsequently consolidated with Corporal Rodney Lee being the only plaintiff.

Attorney-at-Law Garth Lyttle who represented the policemen during the October 1997 trial before Justice Theobalds (now retired) argued that the story was malicious and an example of reckless journalism and contended that the story was based purely on rumours and allegations. The Defence counsel insisted, however, that the article was published in the public's interest and was therefore fair comment.

At the end of the four-day trial in the Supreme Court, Justice Theobalds, ruled in favour of Cpl. Lee and made an award of $750,000.00 but did not state any reasons for his decision. The Western Mirror subsequently gave notice of appeal.

In Tuesday's hearing before the Court of Appeal the Mirror's lawyer reiterated that the article was factual, balanced and without malice to which the judge's concurred.

"This is not only a win for the Western Mirror but for all media practitioners in Jamaica as journalists should not be prevented from carrying out their work responsibly and with courage because of the spectre of libel suits," said Smith. "The judges have made an enlightened decision which augurs well for press freedom in this country.