‘Checko’ hoping for best in appeal against Dr. Philbert Aaron

Checko is facing a lawsuit for one of his calypsos
Checko is facing a lawsuit for one of his calypsos

Abel “Checko” Jno Baptiste, a police officer and calypsonian who was slapped with a $130,000 penalty by High Court Judge Errol Thomas, after he failed to file a defense in a defamatory suit filed by Dr. Philbert Aaron, was given until August 22, 2016 to file and serve his defense on the quantum of money he was ordered to pay by the Eastern Caribbean Supreme Court (ECSC), failing which the appeal shall stand “dismissed.”

Aaron, the Ambassador to ALBA and Public Relations Officer of the ruling Dominica Labour Party, claimed that a song penned and sung by Checko in 2011 entitled “Bug Her” defamed him.

On January 16, 2013, Dr. Aaron, through his lawyer Noelize Knight-Didier of the Harris and Harris law firm, filed a claim against Checko, claiming that the defendant libeled and slandered him in the song.

In the statement of claim, they requested damages for libel and slander, for aggravated and exemplary damages, an injunction restraining the defendant from further publishing the offending words and or any other words defamatory of Aaron and cost.

Checko filed an acknowledgement of service on February 13, 2013, but he filed no defense within the prescribed time for filing. And on March 6, 2013 Aaron requested an entry of judgment in default and that was obtained on March 13, 2013. A subsequent application to set aside the judgment in default was denied.

In handing down his decision, Justice Errol Thomas awarded $75,000 for general damages, $50,000 for aggravated damages and $5,000 for exemplary damages “on account of the remix of the song because of his desire to win the Road March title.”

Checko’s lawyer Singoalla B. Williams told the ECSC that “we have conceded that we cannot appeal the substantive matter of the case but the quantum.”

She said that she had been in negotiations with Aaron and his lawyer for an amicable and reasonable settlement in the matter but Tropical Storm Erika did not help the situation.

She asked the court for an adjournment to continue negotiations. While that was granted, lawyer for Aaron asked for cost in the amount of $800, which was granted.

The ECSC also granted Aaron’s lawyer until September 19, 2016 to file and respond to any documents from Checko.

They then set the matter for the November 2016 sitting of the court in Dominica.

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29 Comments

  1. Up
    July 8, 2016

    Who the HELL is ambassador A
    is this name on his Birth paper,,,,, Nonsense ….( Wicked Justice system)

  2. James Noel
    July 8, 2016

    Checko boy! You will learn. Indeed you will. See its you alone that have to pay the money today? When you sang the song you thought you could have been shielded by the blues. They enjoyed it and you cared less. Where are they now? Sing your song man. Remember these sentiments?

  3. July 8, 2016

    my boy all I can tell you is pay de man his money and find your way back to church and do the style of music that you grew up doing which made you what you was until you get into them big man calypso thin. from where I standing there none of us that jump and dance on de song not going to help you pay that money we Dominican is so we stay, not even a lawyer you could get to represent you at that case. think of it brooo

  4. Jenn
    July 7, 2016

    Oh please, these Dominican politicians need to pull their big girls panties up wake up and smell the damn coffe. Did the song mentioned his name.

  5. Rassal
    July 7, 2016

    There is a massive disparity in Dominica social class and our culture. Something is definitely wrong in Dominica when a calypsonian looses his freedom of speech and be treated like a vigilantly.

  6. Marcus Hill
    July 7, 2016

    It’s who that have cacao outside that always looking for rain!!

    • Jenn
      July 7, 2016

      Exactly

  7. Del Cas
    July 7, 2016

    Boy we jumped and shouted to the tune and the lyrics. Checko was at his peak. Could not care less about any advice or threat of legal action. He was urged on by a partisan faithful crowd and attorney. He refused to “eat humble pie” and reword the song. To add insult to injury, Checko failed to file a defense in the time required. Guess who was his lawyer? Checko is now standing alone with a $130,000.00 penalty for damages caused to the good ambassador. I suppose with time we will hear about another radiothon. Will we, all of us learn? In the mean time, Checko, if remorseful, can only hope for some consideration from Dr. A. As a police officer, a salaried person, a fifty percent reduction in the fees will still cause him pain and suffering. Unless of course the blue radio apparatus is pressed into action as they do so regularly to assist in raising another bag of coins. He will need a lot of coins.

  8. StraightOut
    July 7, 2016

    Good Luck Checko hope you are successful in the appeal against Ambassador

  9. cheerios
    July 7, 2016

    :-?

  10. Business Minded
    July 7, 2016

    It was so disappointing and disgusting that no lawyer in Dominica saw this as an attack on Freedom of Speech and attacking a cultural form that has been prevalent in our culture for as long as we have had carnival, and decided to undertake a Pro Bono decision not about Checko, but the defense of the Constitution. This case represented an attack on constitutional integrity and an attack on Civil Liberties as practiced, or should be practiced, in Dominica.

    Michael Douglass in the movie Wall Street said: “Greed is good.”

  11. Craziness
    July 7, 2016

    Really? The number of people who have made songs in the past about so many situations, and people in Dominica. Chuuuups!

  12. indira Ghandi
    July 6, 2016

    Garson,is so Domininjca come.
    The calypso association need to boycott next year carnival.
    No calypso show.

    The police should all stage a massive sick out.
    who does Aron think he is.

  13. Free Thinker
    July 6, 2016

    Go with God Checko…….God is your Defender. Those who want to strip you of what you have will not enjoy one cent of it …….this too shall pass. Trust God.

  14. Tell the Facts
    July 6, 2016

    I thought this case was over and done with and that Checko had paid the full amount
    I do think he was given too much time.
    Remember in future not to make innuendos which refer to someone’s name, their lifestyle and to expose them to ridicule all over the land and the world in general. It is not Christian-like and is a grievous sin/crime.
    Have a heart and consider yourself. Always put yourself in another’s shoes. Furthermore, how perfect are you in your very own lifestyle?
    One day people will pay for their words which tarnish the good names of others. A libel suit is appropriate. Now you are fighting it.
    Watch your words in future. You spoil a man’s name and now you want to be vindicated?

  15. Doc. Love
    July 6, 2016

    He is one of them, pay the man all his money. I am not a supporter of Aaron, but this time I hope he gets his money. I am very happy it is not Linton’s picture that is shown above, had it been Linton’s picture, there would be no mercy. You love your PM, you even dress like him, therefore, let your PM pay Aaron for you.

  16. Benette Paul
    July 6, 2016

    Checko boi do like Lennox raiise some funds..

    • %
      July 7, 2016

      Lennox raised no funds …We the patriots did so on his behalf..Stop spewing rumour that you know nothing about!!!!

  17. tongue misuse
    July 6, 2016

    Well bro..this is pure evidence that life and death is in the power of the tongue. Misuse it, and you will surely eat its fruits.

  18. Real
    July 6, 2016

    I don’t understand if his name was not mentioned in the song, why was it considered slander. It just shows that Skeritt and his regime is slowly infringing on our freedom of speech.

  19. Norm
    July 6, 2016

    Aaron its time to move on man- You were hurt and you made your point and Checko understands. No need to beat a dead horse Mr. Ambassador. It is time to put this behind you. Instead use your energy and time to help Skerrit to move the country forward because most of the rest he has around him know nothing- just ‘COR-PAR WAY -SON’.
    Also stop writing propaganda as well- it diminishes you as a person and intellect.

  20. real possie
    July 6, 2016

    LMAO. That’s a police officer, one who would serve you with a notice to appear in court. Somehow he did not know him or his lawyer had to be in court on said date. Am hoping the appeals court upholds the judgement passed, we can’t keep taking the justice system for a joke.

    • %
      July 7, 2016

      Its evil minded wicked souls like you that have the country in this mess…IT’S GOOD THAT GOD has already cursed your satanic wish…I wonder what you wish the court to do with respect to the untendered bridge project!!!

  21. July 6, 2016

    I’m afraid, it not catch blach, considering that the defendant failed to file a response at the appropriate time. But one never knows in a kangaroo court, Respectfully, any thing cam happen. As the saying goes we can indie a Ham Sandwich: maybe Cheko, stand a chance to re- open on special Request. I’m still flabagasted that a person, sang a song and used those words allegedly, and was sucessfully, sued.stay tuned!!!

    • SMH
      July 7, 2016

      but checko who is your lawyer nah? i mean was…. cause i’m guessing by now you have fired him and seeked new legal representation?

    • Lenovo
      July 8, 2016

      Garcon come out there with your “catch blach”….Jesus!

      Always trying to use words you cannot spell…stupes!

  22. pully
    July 6, 2016

    I plan on writing and singing a song about what is currently taking place in dominica…it look like every body scared of skerrit n his associate….i waiting for them to try to sue me..hope they remember they can only sue if the other party have money…just so they know i brokes have no job no money in bank so come sue me….u will get plenty money

  23. Favoured
    July 6, 2016

    What about the next lawyer is Cheko sueing him for negligence or bad representation or whatever the legal term is. And Q95 we all love Cheko song why not set up an appeal fund for him. Is Lennox alone that deserve public money then. What is good for Lennox should be good for Cheko too they fighting the same cause on behalf of the people one in talk the other in song.

  24. July 6, 2016

    Get on wigh it Dr Aron get a life its calypso man,

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