KINGSTON, Jamaica – Former People’s National Party (PNP) legislator, KD Knight, is seeking damages for defamation, including exemplary and aggravated damages, as well as costs against the chairman of the ruling Jamaica Labour Party (JLP), Dr Christopher Tufton, claiming that he had been defamed during a JLP rally on August 10.
Lawyers for Knight had written to the police requesting an investigation into a voice recording played at the rally, saying that they “are of the view that a forensic examination of the recording will confirm the fact that it was manipulated for political gain and in breach of the Cyber Crime Act and Representation of The People Ac”.
In the recording, Knight was heard suggesting he has no confidence in PNP President Mark Golding’s ability to lead Jamaica. Tufton maintains the authenticity of the recording.
In the lawsuit filed in the Supreme Court by attorneys from Knight’s law firm, Knight, Junor and Samuels, Knight states that Tufton “falsely, recklessly and maliciously and/or without reasonable probable cause, published and/or caused to be published a manipulated audio recording purportedly to be that of the claimant” in which defamatory words were spoken.
The lawsuit notes that the recording played was “wholly false and malicious” as the claimant “has never said those words and in such order in any forum either privately or publicly”.
The lawyers say that thousands who attended the rally or tuned in via live broadcasts on traditional and social media were deliberately misled by the recording that the claimant’s view was that Golding was unfit to become prime minister of Jamaica.
The lawsuit charges that Tufton failed to do all that was necessary to verify the authenticity of the recording and that he failed to apologize for and withdraw the defamatory statements even after being written to by Knight’s attorneys.
The claim also states that the defendant prejudiced the right of the claimant to enjoy a good character; breached his freedom of expression; and trespassed on his right to participate in free and fair elections.
The attorneys had earlier this month issued a pre-action protocol letter demanding a formal public apology and retraction from Tufton by 10 am (local time). Friday, August 15, warning that complying would not halt legal proceedings but could mitigate the damage.
However, Tufton, who has maintained his position on the matter, said that his legal team is prepared to respond, and potentially countersue.
Jamaicans go to the polls on September 3 to elect a new government with the JLP seeking a third consecutive term in office.
