Coen Jackson wins $5M libel case against Ruel Johnson
Former Bishops’ High School teacher Coen Jackson has been awarded $5 million in damages by Justice Navindra Singh after he found that Jackson was defamed by several statements made by writer Ruel Johnson.
In a ruling rendered on Friday, Justice Singh said that Johnson, via his Facebook page, had published several statements in which, among other things, he referred to Jackson as a “pedophile”. With Johnson failing to provide the court with evidence to prove this, Justice Singh ruled that Jackson was defamed, and ordered Johnson to pay Jackson $5M in damages and $1M as costs.
On March 5, 2019, Jackson, through his lawyers Nigel Hughes and Savannah Barnwell, had filed a Statement of Claim in which he asserted that the posts made by Johnson were false and derogatory. Jackson claimed that the statements have irrevocably damaged his reputation, and have subjected him to public ridicule, contempt, hatred, and embarrassment.
Having examined the definition of pedophile and the content of the statements, Justice Singh found them to be defamatory.
He held that the publications clearly attacked Jackson’s character by labelling him “as a pedophile who actively pursued children to satisfy this sexual perversion, which is criminal conduct”.
Johnson had pleaded the defence of fair comment. However, Justice Singh said that this defence was not available to Johnson, who failed to produce an iota of evidence to prove that Jackson is a “pedophile”, or that he was dismissed from his job for any reason, or at all.
Justice Singh held that the defamatory statements would tend to lower Jackson’s standing in society in the estimation of right-thinking persons.
In assessing the quantum of damages to be awarded, the Judge considered that the libel attacked Jackson’s integrity and professional reputation, and was bound to cause him distress, hurt, and humiliation.
The Judge also gave thought to how the publications were disseminated – via Johnson’s Facebook page, which at the time had about 5000 followers. He noted that it is a well-established and accepted fact that materials published on the Internet are available for eternity.
According to Justice Singh, the libel was very grave, given the fact that Jackson was employed as a high school teacher at the time.
He said that Johnson used the trial to repeat the defamatory words and to further cast aspersions on Jackson’s character, knowing very well that he had no evidence to substantiate the pleadings. Justice Singh added that Johnson has not apologised or expressed regret over the publications.
Noting the need to re-establish and vindicate Jackson’s reputation, the Judge awarded him $5 million as damages.
Johnson was further ordered to pay $1M as costs to Jackson. He has been given until January 7, 2022 to pay that sum. At the time of the publication, Johnson was employed as the Cultural Policy Advisor at the Ministry of Education.
He was represented by Attorney-at-Law Ganesh Hira.
Pending case
Jackson, who was charged in March 2018 for a sexual offence, is currently awaiting trial at the Demerara High Court. He is accused of engaging in sexual activity with a girl under the age of 16 years. This is alleged to have occurred between December 2010 and May 2011. He has been released on $300,000 bail pending the hearing and determination of that trial.
The prosecution is contending that he engaged in sexual activity with one of his students at Durban Street, Lodge, Georgetown.
The Education Ministry had launched an investigation into the allegations, and handed over the matter to the Police Force. The Office of the Director of Public Prosecutions later recommended that Jackson be charged.