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Jun 21, 2016

….Was Email Message Confidential?

Herbert Panton

In its defense, government, through Deputy Solicitor General Nigel Hawke, contends that the email was confidential and presented its argument from that position. But the content of the email was made public a few days later during a press brief held by the Ministry of Health.

 

Herbert Panton, Attorney for Sharon Anderson

“One of the things that happened in court is that the defendants agreed and accepted that what they said was defamatory.  That was accepted.  What is it at issue is whether or not they can rely on privilege, that the communication was privileged.  So there’s no question as to whether or not what they said was defamatory, that was admitted.  They are saying that what they said and the context and where they said it made the communication privileged and our contention is that it cannot be privileged if you are going to use the occasion to enter into idle gossip about my client.  She’s on strike, she’s not at work.  Within a day or two the entire tender committee found out what the true factual position was which is that Mrs. Anderson was on sick leave.  That information, the email circulated on the eleventh of April and within a day or two thereafter that information was in the possession of all the members of the Tender Committee, the C.E.O., everybody.  The ninth of May, almost a month later, they go on national television and neither he nor any other member of the tender committee had the decency to say, yes we know that at the time when we said this, she was on sick leave.  Not one of them had the decency to say that to the media.  So they cannot come now and try to hide under the cloak of privilege.  That is not privileged any at all.  You circulated facts you knew to be a lie and you can’t rely on privilege under those circumstances.  That is our position.”

 

While oral submissions concluded today, a written decision is scheduled to be delivered on September sixteenth.  Anderson is seeking twenty thousand dollars in damages; however, an agreement on costs will be submitted by July twenty-second.

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1 Response for “….Was Email Message Confidential?”

  1. Ali BaBarrow, chief thief says:

    Every one who has been thieved by the Forty, knows we defame in private and convict in public.

    Defaming in public is unnecessary.

    Roll over, we got more nepotism for Belize.
    Lot of thieves to feed and incompetents to lead the jewel!y2

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