Oilfields Workers’ Trade Union (OWTU) president general Ancel Roget has been ordered to pay $360,000 in compensation for defaming a former manager of the National Petroleum Marketing Company Ltd (NP).
Justice Vasheist Kokaram made the order in the Port-of-Spain High Court yesterday, after ruling that Roget had made allegations against NP’s former general manager of human resources, Geeta Ragoonath, which were “wholly unsupported, untrue and outlandish”.
Kokaram ordered that Roget pay Ragoonath $200,000 in general damages and $160,000 in exemplary damages for making statements which he knew were untrue.
“The fact that the defendant took no steps to ascertain the veracity of the allegations he was making showed that he had little regard for the effect such statements would cause,” Kokaram said in delivering his judgement.
In an unprecedented move, however, Kokaram promised to reduce the exemplary damages by 50 per cent if Roget agreed to issue Ragoonath a public apology within 14 days. While he said the court could not force Roget to apologise, Kokaram said the offer of a discount may convince him to do so.
Kokaram said: “An apology can operate as a significant mitigating tool in making amends for damage done to one’s reputation, more so in defamation cases where emotional distress and hurt are some of the foremost elements that the aggrieved claimant seeks to have addressed.
“An apology may vindicate the claimant’s rights but it may also be a form of redress and solace for the emotional harm caused and can go a long way in addressing the hurt felt by the injured. A public statement would have a greater if not equal impact as an award of damages. The injury and the need to clear her name deserves some public pronouncement.”
He noted that Ragoonath had said an apology would mitigate her suffering.
According to her lawsuit, Roget made the offensive comments at a press conference after the Industrial Court ordered that NP reinstate 68 suspended workers in November 2014. Roget had accused Ragoonath of criticising the impartiality of the court by writing to President Anthony Carmona. Roget did not deny making the comments and provided no defence to the lawsuit.
Ragoonath claimed that she had felt uncomfortable at the company after the statements were made, forcing her to leave the job. Ragoonath is currently the human resource manager at Guardian Media Ltd, which publishes this newspaper.
“It is not unreasonable to accept that she indeed suffered great embarrassment and distress having been thrown into the limelight in a most negative way,” Kokaram said.
In addition to the compensation, Kokaram also ordered that Roget pay Ragoonath’s legal bill.
Contacted yesterday, Ragoonath said she was relieved and overjoyed by the court’s decision.
“Although I am a strong woman, this was an extremely stressful and humiliating experience. I was publicly vilified for something I did not do. It almost destroyed my career,” she said.
“My family was put through hell and I am happy that justice was served. I look forward to receiving Roget’s public apology, as he did not attack me in private. No one is above the law and this kind of bullying, threatening behaviour must stop.”
Several calls were made to Roget’s cellphone for comment but he did not respond.
Ragoonath was represented by Anand Ramlogan, SC, Kelvin Ramkissoon, Kent Samlal and Shabana Mohammed. Roget’s legal team comprised Douglas Mendes, SC, and Anthony Bullock.