A defamation lawsuit brought against the Public Services Association (PSA) and its former employee Avellon Williams by former director of the Counter Trafficking Unit (CTU) Alana Wheeler over an online article has been dismissed.
In March 2020, an article was written by Williams and posted to the PSA’s Facebook page under the headline “St Jude High Official Needs Investigating.”
The piece reportedly contained defamatory and false allegations in the form of direct statements and innuendo directed at Wheeler and her duties concerning the St Jude’s Home for Girls in Port-of-Spain.
In her former dispensation, one of Wheeler’s core functions was the referral of human trafficking victims to appropriate government agencies and Civil Society Organisations for care and support.
During the course of her employment, she represented the Ministry of National Security at several international and regional conferences and training workshops, delivered presentations and trained government officials in counter-trafficking.
A certified Interpol Trainer, Wheeler was considered an expert in the area of human trafficking, having built a name and international reputation in this field.
Wheeler contended that following the publication of the article, her reputation as an internationally and locally known professional had been severely damaged and compromised, as she was the only person that Williams and the PSA could have been referring to.
Wheeler contended the article had lowered her reputation in the estimation of ordinary, reasonable readers throughout T&T, and the world (since it was published on the internet) and brought her name into disrepute.
During the trial, Wheeler maintained the defamatory statements which were contained in the article were entirely untrue.
Wheeler had sought relief by seeking an injunction restraining the PSA and their servants and/or agents, or otherwise, from further publishing or causing to be published, the said words or any other similar defamatory words concerning her.
She later filed a case seeking damages for libel, including aggravated and/or exemplary; interest at the statutory rate under Section 25 of the Supreme Court of Judicature Act; and costs.
Denying the words that had been published were defamatory, both the PSA and Williams countered that Wheeler was not so well known for the public to link the initials AW to her.
The two further contended that the words complained of were not published irresponsibly or in a reckless manner; but had been based on credible statements presented to them by their members as well as information passed on from members of the public.
In delivering the ruling on April 30, Justice Joan Charles indicated while Wheeler, as the claimant, had failed to clearly establish that she was indeed the “AW” referred to in the online article, sufficient evidence had been presented to suggest that she was the intended target.
As such, the judge acknowledged, “It is entirely understandable for the Claimant in these circumstances to have taken action by initiating these proceedings, fearful of the reputational harm which might occur should her employer, friends and family connect her to the Article.”
The court ruled that Wheeler had failed to clearly establish that she was the high official with the initials “AW” who treated and dealt with Venezuelan female nationals housed at the St Jude’s Home for Girls, that she was responsible for approving their movements out of the institution; and that anyone at all had recognised her from the article or thought that the article was about her.
No order was made regarding costs.