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UDP’s Fonso Won Obeah Trial
posted (July 6, 2016)

After almost 2 months of deliberation, Chief Justice Kenneth Benjamin handed down his decision this afternoon in the libel lawsuit brought by PUP’s Myrtle Palacio against the UDP’s Alfonso Noble. And, the judge has ruled that Alfonso Noble and the Guardian did NOT disparage her character with his article entitled “PUP Secretary General Endorses the Use of Witchcraft in Politicsâ€￾.

Palacio made the entire trial about the Garifuna Culture. She and her attorney Said Musa tried to convince the judge that Noble and the Guardian Newspaper disrespected her and her culture when they printed the article. In response, Noble and his attorney defended against the claim that she wrongly interpreted the article, and that he did not commit a libel since he was making fair comments as a reporter. 

Well, this evening, the judge agreed and dismissed the case, ruling that Palacio must pay $5,000 as court costs for this case she brought. This afternoon, when we spoke with him, Noble was said he was pretty confident that he would win:

Alfonso Noble - Defendant, Editor Guardian Newspaper
"As far as I know there's always what’s called litigation risk. I mean we can never be too confident as to how a judge will rule but in terms of the position that we held it was fair comment it was something that happened that Ms. Myrtle Palacio said on a live television broadcast. She said certain things and there is absolutely no libel in that, it's all fact. I reported on a fact, a point of fact and I guess the judge saw it in the same manner."

"The judge dismissed the matter in fact she has to pay cost of court; I guess it’s a learning experience for her. I mean don't take frivolous matters to court. Let me just tell Ms. Myrtle Palacio she's looking right now; grow some skin, toughen up man. This is politics we are working with, this da no church so for her to have taken me to court over a very simple mundane, trivial matter when what she said in that TV programme is far more damaging than what I did and it would be everybody, all the media houses to listen to what she had to say on that day. In fact I didn't make up a story she crucified Marcelo Winslow on that way and nobody has held her accountable to that; me in the Guardian newspaper did. We at the Guardian newspaper did and I believe that our position was right; the judge has now said that our position is perfectly right. It is fair comment, she now has to pay the cost of taking this whole matter to court, this is about what a year now?"

But, as you saw in our coverage of the case 7 weeks ago, Palacio was very sure that she would win. So convinced, in fact, she took a swipe at our Daniel Ortiz when he challenged her on the strength of her case. For reference, here are those comments again:

File (April 13, 2016)

Daniel Ortiz
"The defendant has made the case that nowhere in the article there is any suggestion that it refers to the Dugu ceremony and that your interpretation is not an interpretation of fact."

Iris Myrtle Palacio - Claimant
"You are telling me, I just told you that cartoon and please take a look at it, you need to do your research as news people as well instead of pushing mics into people's faces when you ask questions like that because I'm not going to go on a back and forth with that. Look at the cartoon, look at the topic and look at who they are talking about. I was the Secretary General and I am a Garifuna, the cartoon is disparaging of the cock killing ceremony calling it witchcraft, calling me performing witchcraft. This is how I see it and this is what I'm putting to you and that is why we are in court."

Daniel Ortiz
"The judge will make that determination if indeed that is what had happened though."

Iris Myrtle Palacio - Claimant
"That is why we are at the court, there is a judge, I feel very strongly about what I just mentioned to you."

Daniel Ortiz
"The court played a recording of the conversation that Ms. Palacio had with the host of the Positive Vibes and she did make certain statements. The defendant says that is fair comment, he is reporting back what he heard on that show. What's your response to that?"

Rt. Hon. Said Musa - SC, Attorney for the Claimant
"Well it's a very technical argument which I will deal with in my written submission to the judge, the issue of fair comment but I will just say this much at this stage; fair comment must be based on a factual foundation for you plead fair comment. And just to say as Ms. Palacio said in the transcript that was played back this morning that; a caller had called in and suggested a way of dealing with Mr. Winser who is the returning officer and she was saying no, no don't get down to that which could have a very serious negative implication; but she was saying just light the candle and pray for this man basically, that's what she was saying. But of course they are interpreting that to mean the practice of witchcraft."

Court reporters told us that she declined comment when she exited the court this evening after hearing that she had lost.

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