SODELPA MP Niko Nawaikula has today won the case where FBC CEO, Riyaz Sayed-Khaiyum and FBC had sued Nawaikula for defamation.
While giving the judgment, High Court Judge, Justice Brito Mutunayagam says Nawaikula’s facebook post on 21st December, 2017 is not defamatory of Riyaz Sayed-Khaiyum and FBC.
Nawaikula had posted that Riyaz Sayed-Khaiyum was responsible for the strike at Air Terminal Services during his time as Board Chair. He also posted about FBC’s $20 million loan, questioning why it was not investigated by FICAC.
Justice Mutunayagam says in his view the post do no more than beg the question why FICAC has not investigated the matters stated therein.
He adds that Nawaikula as a Member of Parliament was entitled to raise queries on matters of public interest.
The judge had also denied the claim for general damages, special damages, loss of business revenue and profits of FBC, punitive damages, a permanent injunction restraining Nawaikula from further posting, circulating, distributing or otherwise causing to be posting similar statements defamatory of Sayed-Khaiyum and FBC.
Justice Mutunayagam says the Government owns 51% of ATS while it’s employees own 49%.
He says in his view, issues relating to ATS are a matter of public interest.
The judge adds Riyaz Sayed-Khaiyum was at the helm and his words and deeds are open to public scrutiny and comments.
Sayed-Khaiyum and FBC’s lawsuit had also sought damages.
The judge has ordered that Riyaz Sayed-Khaiyum and FBC pay Nawaikula $2000 in costs.
They have not indicated as yet on whether they will appeal the decision.
