In a unanimous decision, Judges of the Court of Appeal of the Eastern Caribbean Supreme Court has upheld a decision by Justice Errol Thomas and dismissed the appeal of Abel “Checko” Jno Baptiste in a defamation lawsuit which was filed by Dr. Philbert Aaron.
This means that Calypsonian ‘Checko’ has to pay $130,000 in damages to Aaron.
The matter goes back to 2011 when ‘Checko’ penned a calypso called “Bug Her” and Aaron sued him for defamation in 2013 but he failed to file a defense.
Judgment in default was entered and the court awarded general damages in the amount of $75,000.00 for slander contained in the song published by the defendant during the period December 2011 to the first week in March 2012 in the calypso tent, on radio, at the semi-final and final calypso shows and on the road during carnival.
For aggravated damages, Dr. Aaron was awarded the sum of $50,000.00 and a further $5,000.00 for exemplary damages on account of the re-mix of the song because of ‘Checko’s’ desire to win the road March title.
The total was $130,000.
In court on Tuesday, Checko’s lawyer Singolla B Williams argued that her client has accepted that the allegations made were “serious” but the amount awarded were “way off the scale compared to others and excessive in the circumstances.”
She told the court her client had “apologized” and ought to have been given some “discount”.
But the Appeals Court Judges, Paul Webster, Gertal Thom and Louise Blenman said that the accusations made by ‘Checko’ were “serious and very aggravating”.
Williams countered and told the court that the matter had to do with a mere “calypso” which was part of Dominica’s culture and her client had tried his best to mask it, but had done a poor job at it.
The Judges were not amused stating that, “we don’t want to give people the license that because it is calypso they can defame people.”
“He is a married man and a prominent person in society,” the Judges said of Dr. Aaron. “Dominicans feel strongly against buggery, people have gotten killed… we have reviewed the submissions and authorities and have found no legal basis in law to interfere with the decision of the learned trial Judge, accordingly the appeal is dismissed and the decision of the trial Judge is affirmed.”
Dr. Aaron said he felt “vindicated.”
“I feel vindicated and it’s a message to calypso and all communicators: do not make allegations for which you cannot provide evidence,” he said.
He called on those writing calypso to know that they don’t have the unfettered right to defame and slander people.
“Reputation that has been built with hard work and expending of monies showed, not be stolen, and snatched with impunity…I hope every member of society takes note,” Dr. Aaron said.
That’s why Dominica will always remain the same. My God it is carnival . For all who loves carnival it is the time when people used to make songs like Erica, Isla, Marry the girl Charlie, remote control etc ..we all enjoy those songs and on. body sued anyone. It’s a 2 day event for revellers. . My gosh the calypso committee allowed the songs. .where is forgive and forget? The big guys always prey on the little guys. Freedom of speech for some and others do the opposite. . Come on calypso comic tee you all are leaving a poor man alone to fight… how many more lives are you all going to let the big guys ruin. So sad.. that’s why I don’t believe in Carnival. It is all betrayal in fact it began that way….Shame on the coc
Well bro I feel sorry for you. But if is one thing which is rampant in Dominica is SLANDER !! People don’t care how they hurt you. They get a story, no facts, no evidence and then they spread it.
Unfortunate but true. Too many liars and jealous story tellers on this island
Be careful folks, you can only get away with the utterance of defamatory statements if you’re accusing a fool. A man of Dr. Aaron’s stature would not take such utterances lightly. Congratulations Dr. Aaron, you deserve it, this could have tainted your reputation.
As for Checko and the likes, ever heard the saying that ‘hubris is the downfall of man’? Nothing truer than this!
Philbert Aaron is not a Dr. Show me which university he earned his Ph. D. from and I will recant. If you or he can not do that we must we must conclude that his doctorate is fake.
Dr. Aaron graduated as the “Graduation Ceremony Speaker” at the University of Maryland in College Park, Maryland, the flagship campus in the University of Maryland System and at the time the Number Two public research university in the USA. Ready to recant? Or do you need to research whether a University of Maryland exists?
This is a private matter where the name of one individual was defamed by another publicly through song publicly. The Calypso Association allowed it to be performed on their platforms as well as the radio stations played the song from my understanding. I fully agree that the calypsonian should pay. Through song or speech or otherwise, if you cannot back up you statement, you are assassinating the character of a private citizen. SUE THE PANTS OFFF THIS POLICE MAN WHO SHOULD BE MORE RESPONSIBLE AND SHOULD HAVE KNOWN BETTER. The calypso association themselves have to be held liable partly accountable for this also. but you do not hear a word from them on the matter. they have left checko out to dry and fight his battle by himself, but meanwhile i am sure they have profited off his performances of the song when it was sang at their venues.
These days you can’t blatantly slander another’s name without feeling the repercussions of that act. We are smarter now. Checko knew what would happen, and out of his egotism he still ran with it. This is a lesson for other calypsonians who feel they can use people’s names in their compositions and not suffer the consequences.
Checko want to be wrong and strong. You turned down the suggestions and advice from the smart people because a few calypsonians and self-proclaimed journalists were dancing along to your tune. But for how long? I hope those who tell you pay no mind help you with your final costs.
As an Ambassador, I think you can feel good that you won your case, made your point but, play the role of a true ambassador, forgive and forget, don’t ask Checko to pay. This is calypso, part of our culture. Come on….
So much for freedom of expression or freedom anything in DA. Aaron’s reputation is dubious to say the least without a song. I doubt that many people saw any connection whatsoever to the song until Aaron brought it up. Apparently these people don’t know the history of calypso or of slavery. What an ignorant situation this place is.
@ anonymous2, malicious people like you and the rest do not understand the meaning of the word freedom of speech,no one have the right to accused anybody of something they are not guilty of then turn around and say that it is freedom of speech it is rubbish this is not slavery days anymore it’s 2017 Mr Aaron should of sued for one million pounds that would put day light up them, having said that there are many bigger fish to fry can’t wait to see them fry.
What do you think is happening when the police are pulling all of the opposition in and trying to charge them with no proof? Calypso songs are protest songs and political in nature. The only thing that spreads like wildfire on DA is lies. So you are talking about charging 80% plus of the population including the politicians. . If Mr. Aaron didn’t have the money and government backing, this would have never gone to court. Just about every time a politician opens their mouth, lies come out. Are you going to take all of these leading politicians to court. The court makes the money, not the victims. Did Checko’s song incite a riot or burn down the town? I doubt it.
I see a few people on here laughing like is big joke
But remember the tongue have alot of power
Never rejoice when someone fail
Never wish bad for someone
What we wish for people worst will happen to us
It’s not a laughing matter
But jah guide
Jah doesn’t sleep
Wicked people will not live happy
Just kool
Give it time
Jah go deal witb the wicked
Okay Mrs. Jno Baptiste lol!!! IP Address hush there before I go and tell
wow , chico file bankruptcy , He gets ZERO
Checko did it to himself because see what song he had last year and this year in life we must learn from our mistake. People will help to buy horses with stomach but will never help feeding them.
Checko, I feel for you $130,000 could give you a nice 2 bedroom house, However my mother used to say “SA KI AIDE’W VOLER SHOOVAL GROS BOUDAIN PA KA AIDE’W SHAYEZ ZEBBE.” Be warned and don’t let emotions get the better of you.
those that in power abusing those that put them dr time for them man to leave office every week takethe opposition an dr supporters to court….. labour simply sayin u with us we protect u if u against us we will make u pay
Checko this is a warning from God go back singing
Your Gospel songs and leave calypso alone
This is a sound advice. He can’t go wrong. He may lead some souls to God and subsequently appease God and save his own soul.
Take it to the CCJ, this OECS court is a joke. What the hell do you have to lose?
You will help him pay his increasing legal bills.
Congratulations to Justice Errol Thomas, Dr. Aaron Philbert and his attorneys.
The truth and yes, righteousness must prevail.
Sinners defame the character of sinners. No one is immune from sinfulness. If others were to defame their character, would they not have sued?
Therefore, Checko, you really did not stand a chance of winning for you “defamed the character” of another. As the Judge stated, he has a wife and family and a job. Consider what you did to him. This is still an irreparable damage.
Whether it is a calypso which D/cans are accustomed to, it was time the Law put an end to this. Throughout the years many D/cans names were hauled out in the open and their character defamed.
This is why we have Laws and Courts which must uphold the rights of nationals. Imagine going before God with that state of sin and your other sins on your soul. I am not judging/condemning you but you will not be welcomed in Heaven.
Make penance as a form of reparation to God.
What is ur point really?
Not a Jesus freak but you are right. Imagine if it was your sons or daughters or mothers or father or sisters or brothers being laughed at by everyone, most they do not know or have never met but they all point fingers and snicker and laugh. Based on hearsay and gossip which was caused by a song that was encouraged to be sang by the calypso association and tent organisers. now everyone knows what rumor is being said about them and they cannot show their face in public. DOminica is a small society, imagine how employers who hear and sing the song themselves because it is catchy willl think of your same relatives when they apply for jobs or other opportunities. Sue him man. this country is too free. Yes it is your mouth and you can say what you want but it is time you start paying for what comes out of it.
I feel for u brother but u are hanging out with the wrong crowd.
This is wonderful!! Simply because he was given an opportunity to clean up the song and chose not to. Tough lesson to learn. Arrogance and stupidity does not pay…. Checko should now seek advice from those who told him not to change the song.
At this point he should not need their advice for they gave him bad advice. What they should do is to help him pay his legal bills.
It look like u were one of them??
Smh
Hmm…Calypsoian..could sing about…salt fish…yam..tannia…fire in de front yard…humming bird…nannie and coco cola…does it have to be about people….Dan is the man in de van….if calypsoian walk with a note book everyday…plenty lyrics for next year…but Dominican calypsoian believe they are politicians…no stick to your lyrics…leave politics for the idiots!
Social commentary is their excuse. They like to say that is what calypso is about. But is the gossip and maypwee they like. who giving more blows. It is an art form used to talk about our former master behind his back. a tool used to plot and plan against them and ridicule them without even knowing. now because we have no visible master we need something else to take our kicks on, our own selves and neighbors. Your are right, we can sing about so many other things, but we prefer bring down our fellow man to bring ourselves up like crabs in a barrel.
If he does not pa …….what happens?
The Calypso King Show should be boycotted by all Dominicans. I for one I am not going.
@ Da, this is problem pal stick your advice where the sun never shines i am going.
These courts are political leaning. Checko , you should not pay any money to this bunch
Dr. Arron made it clear that this should send a powerful message not only to calysonians but organised groups that saying things or reporting things they can’t confirm. Boy that’s a very sad day for DA because we have a lot of law suites out.
1.Linton against 18 government ministers I guess minus the one that resigned
2. Thomson Fontaine against Skerrit for defamation
3.Tony and Skerrit against Linton and Thompson for our passports they not telling us about
4. Linton against Tony and Skerrit for their false information and serious defamation about their involvement of fire last Tuesday. They sure don’t want us to talk in this country
Do you mean “dumb?”
I think you have some of those cases wrong.
Correction, no. 2 is the other way around. Skerrit sued Thomson Fontain (in Dec. 2011) and Dr. Fontaine is still waiting for Skerrit to appear in court for the first time and follow through with his suit. That is and abuse of the legal system. Cases like this should be thrown out if the litigant does not pursue his claim after a certain time. This,only ties up valuable time and creates expenses for the defendant and is vexatious.
And guess who is going to lose every time?
The phrase “Bah! Humbug” was made popular by the Character Scrooge in the English literature novel, The Christmas Carol. A “Hambug” is a person or thing thought of as deceptive or a fraud. And amidst all the self importance, arrogance, vanity, showy, inflated, overblown, conceit, pomposity, pretentious behavior, and ghosts of Christmas past ( and maybe even carnivals past and present), Character Scrooge lives on. Bah! Hambug..
Humbug also means, something that is silly and makes no sense.
You write about these matters but they are not a reality. They were/are fictitious.
What has occurred to Checko is the truth. It occurred.
So what do you mean?
I dunno this is art, why punish the very art our fore fathers used to use to sing about the Massa. Seems we going back to slavery time
Dr. Philbert Aaron’s name is not Massa. Then they should sing about those slavery days of what occurred to our forefathers/mothers.
No thats not it bro, u got this twisted. U got freedom of speech yeah. But with that freedom there is also th responsibility that it comes with.
What were the grounds for the denial of dismissal? “The matter goes back to 2013 when Dr. Aaron sued ‘Checko’ for defamation because of his calypso ‘Bug her’ but the performer failed to enter a defense within the time prescribed by law.” Did he have a lawyer/Lawyers back in 2013? If he did, why didn’t his lawyers file a defense “within the time prescribed by law.” There was no way that this case was going anywhere had a defense been filed. Ambassador A is not the giver name of the plaintiff and with a simple explanation of the definition of “Bug,” a small insect, conceal a miniature microphone in (a room or telephone) in order to monitor or record someone’s conversations, annoy or bother (someone), and his interpretation of the song, case dismissed.
Exactly. That is not the man’s name. Any good lawyer would take the lyrics of the song line by line and make mincemeat out of mister.
But on the other hand , how could he not know that he had to file defense within the time specified.
Pure bull….
His lawyer did not work on his behalf, he failed to file a defense
Based on this ruling today, the Calypsonian that froze during the Semi finals on Saturday must be very afraid boy. Bro if any problems, just call I
While I agree that Calypsonians have freedom of artistic expression, they must also exercise their rights within the confines of decency, good judgement, respect for others and without malice. It was stated or implied that the person referenced in the calypso (which was derogatory) was in fact the ambassador and even after repeated interventions by the aggrieved party and others including the Calypso Association the singer still persisted.
It’s unfortunate that he has to pay such a large sum(I know him well as a friend), but he brought it on himself through bad advice and arrogance. We always cry foul till it happens to us. The freedom to say what you want doesn’t mean you should say what you want!
You know in the West Indies, some of these nationals have no respect. They are not shy about what they say and how they say it. They think they can say anything and sing anything. They should realize that they can harm the good name and reputation of others.
The Golden Rule: “Do unto others as you would have them do unto you.”
Someone once interpreted it in a different way: “Do what is good for you with the least possible harm to others.”
Those who can’t hear and follow the wrong set of people’s advise will definitely feel… LENNOX, MATT, and the rest of uwpites are the wrong set to follow.
And the usual dumb utterances from the KID
No exception with the Elephant.
What nonesense talk is that…..where does Lennox etc come into this. Are you awsre that cirruption and meddling with state funds is a crime. Point your finger where it belongs…ok?
If you did not see someone do something, but heard, it is hearsay. You should not confront the person about it or spread this news.
You cannot assume that it is factual. This is how some people get into trouble. They repeat what they heard and not what they actually saw. Do you note the difference?
For instance, let us say I heard something about you, whatever it is but I did not see you commit the act, I cannot/should not go about talking about it, continue repeating it and to all who will listen. to the point you want to oust you from your position. It is senseless.
How would you feel? Obviously you would get angry and do much more than that.
When such news is spread, it causes others to do likewise. People who do that could be sued. They will have to prove it in Court.
It is not what you heard, what others tell you but what you truly saw/observed/noticed which is important. The latter is the proof. Why can’t you UWP supporters comprehend that?
At every turn you UWP supporters state on this Website, “It is – everything is Skerrit’s fault.” As the saying, do so never like so. See how unfair you people are?
Why does someone’s throat,leg,hsnd,bellyhurt them the have to say is Skerrit that do that.if two vehicles get into an accident,or even nowadays even when it rains and there is a land slide,you all ppl say is Skerrit fault .
When you find fault with the law and don’t adhere you will pay for disobedience.do you have children , when you correct them and they disobey don’t you punish them?.
The same they do to the PM. I hope they pay for it and soon enough.
I would sue my lawyer for not entering a defense in time eh…
Checko hope you not going to bug her to pay that
He’ll have to bug plenty hers to pay that
Lol good one.
With u maybe????
No with u Betty
Allyou so free allyou overdoing it so they have to clamp down on allyou. Dominica is the country with the most freedom in the world for citizens that’s why all you so out of control.
They say Dominica is behind.. Freedom of speech can go too far.
Looks like gone are the days when calypsonians could sing what they want. Calypsonians before even used to call the persons name and it was just passed as a joke. As a matter of fact they still do it on other islands. I support the call by Hmmm for this years show to flop. Don’t worry Checko he will get the money and it will disappear just like air, it won’t do him any good.
And during the moments of it disappearing he will enjoy every last cent!! we always supporting wrong until it reaches in our yard, then we want to cry.
You never considered the embarrassment and harm it did to them. They knew and God knew.
Thank u very much
It will disappear so damn quick he will wonder where d hell the money gone
And he will enjoy every last bit of it Betty
This is further proof of unrighteousness prevailing righteousness. I always respect the judgement of the court though most times they are wrong. The truth is God who sees our heart and knows our secret sins will either reveal himself one day or will definitely judge us for what we do with our bodies
According to DNO Dr. Aaron sued ‘Checko’ for defamation because of his calypso ‘Bug her’ . Well I will not comment on that because as a Christian I don’t go to calypso and don’t understand that bug her thing.
People must be careful with that “Bug” thing because in the 90’s I remember UWP had to pay a high price with a bugging story that they lost at the court and to hear a calypsonian charged for singing about ‘bug her’ is sign that people must avoid talking about anything that has to do with bug. However, as a believer I also have to caution our leaders and politicians to live a life that is above reproach 1Tim. 3:2, and if leaders are falsely accused, he is to rejoice Matt.5:10
You are a believer and you state that is proof of unrighteousness prevailing righteousness.
If we were a free people that could express ourselves freely I would explain what I mean by righteousness against unrighteousness, but unfortunately I can’t because DNO is scared of being sued and will not moderate. Sometimes I have to speak in tongues
Are we saying that Carlisle should sue the comforter?
Yes Carlisle is well within his rights to. I heard Comforter a radio program recently and even after all the host insisted that he should refrain from saying certain things on air and in his song the man insisted. Calypsonians of before sang and called names but they still remained within the confines of respect and decency.
Yes, he can if he thinks that his reputation has been harmed or he can brush it aside and move on, he choose the latter, that is his decision.
Radio thorn!!!!! hmm but LL is going to need his radio thorn soon. You now stand alone, all those who were pushing you to sign your song where are they now.
Who laugh last…Always laugh the best….To those rejoicing at what happened to Checkout, his is the the front….Yours at the back coming soon….Keep on laughing
Lol you are checko wife man? You answering everybody and throwing talk everywhere. Lol
Actually, one way or the other, no one should rejoice. Even though he lost the case, they should still feel sorry for him for he has to pay that exorbitant sum of money.
This should not prevent them though from speaking the truth. Hope you comprehend that.
Person doesn’t have to be his wife to comment
I see alot of dam comments on here thag eh making no sense
All who want to laugh laugh
When ur friend house on fire water urs
Dumb set of people in that country
Some of allu backward so allu will stay
Don’t worry god above
And checko will be just find
I hope Matt, Lenox Linton, Rose Valley, and all those workers people help pay for Checko mouth. For the life of me I don’t get how someone would follow UWP, when the leader of a party can’t tell someone to change their wording so they can’t be sued I can’t see myself following you, when pics clearly shows you standing in reachable distant of a burning fire and you not stop it, is no way I can think you have my well being at heart. Like I said you can’t be a police who serves papers for people to appear in court and you not know you had to appear in court? The Piper now has to paid now. I begged him on DNO to change the wording cause I love a good masked song and he kept it. Linton and workers is just bad for our people and country.
Checko did not lose because of his lyrics. He lost because he failed to file a defence. Frankly, that lawyer should be disbarred.
He would have still lost, in the last decision the judges could of quashed the decision if they wanted. Duh!!! That’s what an appeal is for….
Did you not read what the Supreme Court stated about defamation of character? This is what penalized Checko.
But the Appeals Court Judges, Paul Webster, Gertal Thom and Louise Blenman said that the accusations made by ‘Checko’ were “serious and very aggravating”.
The Judges were not amused stating that, “we don’t want to give people the license that because it is calypso they can defame people.”
Really? You do realize checko is a police right and knows when people should report to court? What would’ve been his defense? You people are so blinded by party fellowship you all go blind by the truth.
The calypsonians need to come together and stand up for checko. And their rights
What nonesense talk is that…..where does Lennox etc come into this. Are you awsre that cirruption and meddling with state funds is a crime. Point your finger where it belongs…ok?i70
The association should not allow no calypsos for 2017 let the show flop.. Dominica use to be a place where u could speak ur mind but guess slavely wasn’t abolished.. What the hell do u want the calypsonians to sing about
@Hmmmmm I wonder if you would like me to sing a song about you, and say is because of our past slavery times?
I am with you 100%.The Calypso Association should stand up with their own.boycott the whole calypso show.Lets watch and see if they stand with one of their own
The calypso show has nothing to do with that. You are talking about a lot of money lost – down the drain. It is not a wise idea.
radiothon time!!!!!!!!
What’s wrong with THAT?Its better than harbouring Monfared.
Monfared paying that like is a bakes he buying
good luck and make sure you donate at least 30k
Haha they do damn right….
Yours at the back coming…Keep on laughing…….
Well join forces with him and help him pay the bill. I don’t repeat such filth like checko. Anyway Stop hiding behind those people Internet to send message go and do your work.
That not a laughing matter
Some people small minded
I hope theh know it eh good to wish bad for people
Beyonce i bet you look absolutely nothing like the real beyonce. more like bedunce. apparently you are personally affected by this ruling? yes or no?
Small minded
Be careful what u wish for for others
Your own mighg be worst
Careful
Smh
Some of allu not easy
Let him pay for his tongue. Dominican’s are too free with their mouths without being able to offer proof.
Your own coming……Wait for it…
But is calypso…he didn’t call the man’s name. Just stifling the art-form. Very sad.
Why should the art form be based on degrading peoples reputation just for fun and jokes, till it reaches the point where the whole country knows the song and the person it is inferred to be made on? How divisive is this art form? if you and i agree to make songs on each other that is one thing. but out of the blue you just come, i dont know you, we are not friends, and you decide you want to say what you want about me based on what you cannot prove as fact. Off course i will sue you especially if it defames my good name and character.
dominicans to free with their mouth. what are you an idiot or something you cannot even say what you want now. dont worry martial law coming next.
You are clearly the idiot. The outcome of the lawsuit indicates you cannot just say what you want about people. Until it comes home we think it’s funny messing up people’s reputation. Do unto others what you would have them do unto you.
you can say what you want with your mouth. but you will pay for it. words have power.
Who was Checko’s lawyer?
A calypsothon, would be in order to help chemo pay this bill. Calypsonians must take these matters seriously not just ignore serious legal matters.
Why he didn’t listen when the other calypsonians ask him to change the song. the next year he continue to harass the man
Thomson lawyer