By Joey Bartlett
Commissioner of Police Allister Guevarro, through his attorney, Aslim Fiaid Hosein, has sent a pre-action letter to Guardian Media Limited (GML), threatening legal proceedings over a report published on August 19.
The letter, dated August 20, concerns an article headlined “Star seeks urgent care”, which reported on the medical concerns of 70-year-old Star Sabga and said her requests for a doctor’s visit had gone unanswered by the Commissioner.
Sabga, a relative of businessman Dominic Hadeed and his wife, Genevieve Hadeed, was detained by police in June along with the Hadeeds. The detentions were linked to a purported plot to murder the Prime Minister and other government officials.
Sabga was later placed under a Preventive Detention Order (PDO). On July 27, High Court Judge Justice Vigel Paul ordered her release from the Women’s Prison and placed her under house arrest at her Westmoorings home.
Hosein, of AFH Legal, contends the GML report created a false and damaging impression of Guevarro’s conduct.
According to the pre-action letter, the publication portrayed Guevarro as personally refusing, obstructing or deliberately delaying necessary or urgent medical treatment for Sabga.
Hosein also disputes any suggestion. Guevarro disregarded a medical emergency, acted contrary to a court order or improperly exercised his powers as Commissioner. He says the report further created an impression Guevarro was unfit to hold office.
A key point in the lawyer’s argument is correspondence concerning access to Sabga by Dr Jacqueline Pereira-Sabga. The letter says Dr Pereira-Sabga was permitted to see Sabga on August 17, two days before the GML report appeared.
Hosein therefore argues it was inaccurate to report that requests for medical access remained unanswered. He also disputes the presentation of the matter as an ongoing refusal by the Commissioner.
The lawyer contends GML did not put the central allegation to Guevarro or the TTPS before publication and did not make sufficient efforts to establish whether medical access had been granted.
Hosein cites a 2014 Court of Appeal decision, Trinidad Express Newspapers Ltd & Ors v Conrad Aleong, in support of his position. The letter refers to the court’s consideration of responsible journalism, verification and the need to give a person facing serious allegations a fair opportunity to respond.
Hosein says the publication caused Guevarro distress and damaged his professional and personal reputation. He also points to the prominence of the report across GML’s print, online and social media platforms.
The attorney is demanding GML stop further publication or repetition of the material he considers defamatory. He also wants an editorial hold placed on automated reposting. Hosein is seeking an interim correction within 48 hours, stating medical access had been granted on August 17.
He is also demanding a correction, retraction and apology within seven days, with prominence proportionate to the original report. The demands extend to surviving online versions and social media posts. Hosein also wants an undertaking from GML not to repeat the claims.
The letter seeks damages and legal costs, along with information on the reach of the publications and preservation of relevant editorial and publication records.
GML has been given 28 days to provide a substantive response addressing the claims and any defence it intends to rely on. Hosein also wants the newspaper to explain what verification was carried out before publication and whether Guevarro or the TTPS was approached for comment.
Hosein warns legal proceedings will follow if satisfactory undertakings and remedial proposals are not provided. The proposed action would seek damages, injunctive relief, interest and costs. However, Hosein says Guevarro remains willing to consider an early meeting or mediation, subject to immediate corrective action.
Attached to the pre-action letter is correspondence dated August 19 from attorney-at-law Carlon Mc Leod, who represents Sabga in related court proceedings. Mc Leod’s letter concerns a request for permission for Sabga’s attorneys to take a laptop or another device to her home to play recordings relevant to the proceedings.
The correspondence says Sabga had been permitted access to Dr Pereira-Sabga on August 17. Mc Leod also says his firm had not provided correspondence to members of the media.
Had the correspondence been provided, he said, it would have shown media outlets medical access had been granted. The pre-action letter does not establish liability for defamation, nor does it represent a court finding against GML.
