Vaz Files Defamation Suit Against Rowe
Published: Thursday | April 19, 2012 13 Comments

Daryl Vaz
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United States-based Jamaican law professor David Rowe has been slapped with a defamation suit in connection with a series of emails making allegations against several prominent Jamaicans.

The lawsuit was filed in a Circuit Court in Florida last week by Opposition Member of Parliament (MP) Daryl Vaz.

But lawyers representing Rowe have filed a motion urging the court to throw out the case.

Rowe’s attorneys have also signalled that they would be prepared to settle the matter through mediation.

According to attorneys representing Vaz, their client was defamed through email transmissions sent by Rowe hiding behind pseudonyms.

The emails, which contain damning allegations against senior members of the local political and business communities, have led to scores of people trying to distance themselves and issuing responses, urging the sender not to send them any more.

Documents allegedly fabricated

This has prompted Vaz’s attorneys to claim that Rowe “fabricated and published a document, which purported to be an official US law enforcement memo … which made direct accusations of bribery, money laundering, corruption and close affiliations with a notorious convicted drug lord”.

The attorneys representing Vaz also argue that the allegations are “false, defamatory and unconscionable”.

They have asked the court to find that Rowe “has engaged in a vicious smear campaign to defame reputable prominent Jamaican officials and businessmen”.

“Defendant Rowe, a lawyer, has often and unjustly targeted members of the Jamaica Labour Party with whom his political interests are not aligned,” the lawsuit claims.

“While defendant Rowe has a long history of attacking the Jamaican Government, he has now crossed all boundaries of permissible conduct by sending a fictional government document to individual members of the general public through anonymous email correspondence,” added the attorneys representing Vaz.

On Tuesday, attorney-at-law David Brown, who is representing Rowe, told The Gleaner that his client has been served with the lawsuit and has filed a motion urging the court to dismiss it.

According to Brown, Rowe has no malice towards Vaz and would prefer to resolve the matter amicably through the mediation process.

Brown told The Gleaner that the emails in question were sent to Rowe from the US Homeland Security and were not originated by him.

“Professor Rowe has been a commentator on several issues in Jamaica and we need to put politics aside and recognise that he can bring something that could transform the Jamaican society,” Brown told The Gleaner.

Motion filed for dismissal

In documents filed in court yesterday, Brown argued that the complaint should be dismissed with prejudice.

“Plaintiff (Vaz) fails to state a cause of action on which relief may be granted, fails to establish subject matter jurisdiction and fails to incorporate or attach to the pleading document(s) upon which action may be brought … ,” stated the motion to dismiss.

“Plaintiff’s claim of defamation per se is baseless and simply a red herring in an effort to silence the defendant and prevent the defendant’s effective commentaries and advocacy.”

Brown further argued that, as Rowe was not the author of the documents, the Florida-based court has no jurisdiction in the matter.

Rowe was one of the witnesses called to testify in the dual-citizenship case against Vaz in 2009 which resulted in the West Portland MP losing the seat he had won in the 2007 general election.

Vaz subsequently increased his majority in a by-election.

A 19-year-old Ohio native, was arrested Monday (April 16) after brutally assaulting another young girl over a Twitter beef. A video of the incident, filmed by Edwards’ friends, was posted to WorldStar Hip-Hop on Wednesday (April 18), and the girls received internet fame instantly. With over 2 million views by the afternoon, the entire ordeal has been a trending topic on the social network.In the one-minute clip, Edwards arrives to the victim’s house, brings up the Twitter argument and proceeds to drag, stomp and beat the girl from her door to the sidewalk. The scene is quite graphic and is a sad realization of how seriously things can be taken over “disrespectful” behavior on the internet.Honestly, the images these young girls absorb from watching reality TV don’t help. These acts are celebrated and praised, which is clearly seen by several of the Twitterverse reactions. Without placing too much blame solely on others, watching grown women bicker, fight and attempt to kill one another over blog posts or what they perceive to be slick comments is seemingly affecting the minds of the youth.Throw a blow over a blog? Drag a girl from her home over an e-shot? What’s next?!

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Payola crackdown
BCJ to make illicit act a criminal offence
BY Cecelia Campbell-Livingston Jamaica Observer staff reporter [email protected]
Wednesday, April 18, 2012

THE Broadcasting Commission of Jamaica (BCJ), regulatory body of electronic media, says recommendations are now before the government to make payola a criminal offence.
Payola is the act of paying disc jockeys for airplay.
DUNN… the initiative is gaining momentum
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In an interview with the Jamaica Observer, Professor Hopeton Dunn, chairman of the BCJ, said penalties include custodial sentences.
“Stiff penalties in fines and custodial sentences have been proposed after consultation with the media, music industry leaders and with international stakeholders. The BCJ is aware that government is now engaged in active consideration of the necessary drafting instructions in order to present legislation to parliament on the subject, as recommended,” he said.
According to Dunn, this initiative is gaining momentum with strong support from sections of the media and music industry, including the Jamaica Reggae Industry Association (JaRIA).
“These stakeholders have come out strongly in support of the firm position of the Broadcasting Commission against payola,” said Dunn.
Some of the recommendations are: radio stations must establish a mechanism to receive and evaluate submissions and provide objective vetting of all music before airplay; the amendment will make playlists mandatory and collection agencies will have a right to see playlists; all electronic media will pay royalties as a condition of their broadcast licence; and, disc jockeys will no longer be able to play their own music on their programmes.
Dunn admits that catching persons in the act will not be easy.
“But from what we are experiencing now, it would seem that people being affected by, or who are aware of this kind of illicit business, are prepared to talk under certain conditions, which we will help to foster,” Dunn said.
“We will also look to both the pending Whistle-blower legislation and the Proceeds of Crime legislation to assist in the detection and prosecution of offenders.”
In its campaign to build public awareness about payola, the commission, in tandem with other stakeholders, have held several seminars.
Dunn said he intends to continue the process through a comprehensive campaign on radio, television as well as in print and social media.
Earlier this week, he hosted a meeting with over 25 emerging artistes and producers. Many complained about lack of airplay.
“As new or young artistes they want to also be heard with a different sound or lyrical content from the themes and sounds often played repeatedly on the many stations,” dunn said.
Charles Campbell, vice chairman and executive director of JaRIA, said he is satisfied with the bcj move and expressed optimism that the recomendations will be approved.

Read more: http://www.jamaicaobserver.com/entertainment/Payola-crackdown_11271783#ixzz1sT5AGNl5

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