Ex-counter trafficking director loses defamation claim against PSA
News
Jada Loutoo
FORMER director of the Counter Trafficking Unit (CTU) of the Ministry of National Security Alana Wheeler has failed to convince a judge that a post on the Public Services Association (PSA)’s social media platform was about her or defamed her.
On April 30, Justice Joan Charles dismissed Wheeler’s defamation claim against the PSA and one of its employees Avellon Williams.
Wheeler had complained about an article posted on the PSA’s social media platform concerning reports at the St Jude Home for Girls in March 2020. The article highlighted alleged complaints from caregivers about the behaviour of foreign juveniles at the institution. No name was called but an initial was used in reference to a “high official.”
In her lawsuit, Wheeler contended her reputation as an internationally and locally known professional was severely damaged and compromised by the article. She also claimed that the references in the article were understood to refer to her as the then-director of the CTU.
However, in her ruling, Charles said although Wheeler said she was worried people at the Ministry of National Security would see the article, which would have jeopardised her contract position, the former CTU director failed to provide evidence to support her concern.
“Indeed, the claimant did not assert nor did she call any witness to say that they were aware of the article and knew that it referred to her, nor was there any negative fallout from her employers as a result of the publication of the article.”
The judge also pointed out that during the trial, Wheeler’s contract with the ministry had since ended but she gave no evidence of any detriment suffered because of the article.
“Also of importance is the fact that the article referred to a ‘St Jude’s high official,’ it was agreed by all, including the claimant, that she could not be described in such terms since she held an office which was entirely independent of St Jude’s, her employer being the Ministry of National Security.”
As she pointed out the failure to adduce evidence on other issues, the judge held that Wheeler failed to establish the article referred to her or that anyone recognised her or thought it was about her as she dismissed the claim.
However, the judge acknowledged that because of Wheeler’s fear of reputational harm should her employer, friends and family connect her to the article, her taking legal action was “entirely understandable” so she made no order for her to pay the PSA’s costs.
Wheeler was represented by Larry Lalla, SC. Kelvin Ramkissoon and Sonya Gyan represented the PSA while Kirk Bengochea and Joel Roper represented Williams.