Veteran calypso judge, Patrick Pemberton, is warning calypsonians that they should criticize constructively and not appear on stage “spewing venom.”
Pemberton made the remarks at a discussion organized by the Dominica Calypso Association on Thursday night on the topic, “A Judges Perception on Libel.”
“I think that there are sayings that some calypsonians sing with some venom, some bitterness, like they come after somebody rather than to constructively criticize,” he said. “It’s like they come to kill the person … and that’s how you get in trouble, because then your emotions will get a hold of you and you would say a couple things that you would not normally say.”
Pemberton noted that when calyposonians criticize and get personal, they could end up in trouble “because then you would be stubbornly creating the situation even against the advice that you might get.”
Pemberton further cautioned calypsonians they should mask their songs to save their “skins from libel.”
“And one of the best examples I can give as to how masking could save you from charges of libel and I will put it this way: when Ian’s dog came last in the race and Ian Douglas could dance and laugh on the composition, that is calypso,” he stated.
The entire event, held under the theme ‘Freedom of Expression- Calypso, Politics and Libel’ was held in the wake of a lawsuit filed against calypsonian ‘Checko’ by Dr. Philbert Aaron.
Checko now has to pay $130,000 in damages after he failed to file a defense in the matter.
Several calypsonians, song writers and other individuals in the calypso business were in attendance.
At the event, attorney at law, Duncan Stowe, called on calypsonians to sing about raising the “defense for qualified privilege.”
According to the website “Legal Services Commission,” the “defense of qualified privilege” allows “free communication in certain relationships without the risk of an action for defamation – generally where the person communicating the statement has a legal, moral or social duty to make it and the recipient has a corresponding interest in receiving it.”
“And I would want to argue that maybe one of those days the calypsonians might be able to raise the defence of qualified privilege, maybe in a calypso,” he suggested.
He said a court might uphold a calypsonian’s defense if research for a song is done properly, the research was substantial and if the calypsonian and his or her attorney feel “the matter is of public interest.”
“Well, you never know,” he stated. “The court might just uphold your defense in those circumstances.”
I ahve a lot of respect for Pembo. He has been doing this since I was a kid. My question to youe Pembo why havent you influence the rest of the idiot judges to set a standard. There is not standard in this country. When i went thruogh Offcier candidate school for the military, the first this thatw as said to us ” we have our standards at the school you will either meet or exceed the standards but it wont be lowered for no one. You all have a lot to be blamed for this why because its all about friendship.
Do you know that there are some people who have no tact whatsoever. They do not know how to put words together without hurting or insulting people. I find this with some people. It may be they lack education. What is more, some do not know their place. In this era people think they can say anything and to whom even though they do not know the person and the person is not their friend.
In Toronto, only yesterday afternoon, Saturday I went to a store. I walked in and there was a black younger man in the store. When he saw me, he made some form of greeting which was directed toward me. I informed him this is not my name and do not call me by this name. I do not know the rascal from anywhere. His accent is Jamaican.
In fact, sorry to state, one like him would never make it in my association and I would not look at him twice. He was so angry he began cursing. I informed the sales clerk to telephone the police. He walked out cursing. Without discriminating, it makes me wonder how some of them ever entered Canada. Anyway, some may be illegal.
Some of them are extremely rude. It is as if they are looking for friends. Who are they and who would want to be a friend to this person except his counterparts? This is what we also have to put up with in this country. We never know who is a criminal, who was in prison and who is out on parole. There are times, we pretend that we do not hear that, we are deaf or say, “Excuse me, what did you say? I can’t hear” and keep on repeating it.
They claim “all a we are one”, forgetting that we are all from different socio-economical backgrounds. If some people do not know their place, in the end, they will pay for it.
Checko’s supporters seemed to have missed the point. They think only on the surface. The nature and fact of his calypso was evident and who this venom was spewed at. It is as if he hated the man. He mentioned a job title and an initial which applied to what I will call, his victim, singing against him. Leave people’s personal business alone and mind your own business is the message.
Such people must be taught to learn to love and respect others. When it comes to matters of privacy, they must be careful about composing calypsos and singing them to the point of not making insinuations about the person, the title and the initial. If they loved, as Our Lord loves us and asked us to love others, they will not sing such songs against their fellow people. Checko committed a grievous/mortal sin. God knows this. He knows his motive. Confess your sin Checko for you cannot enter Heaven with this on your mind, heart and soul.
Checko while I feel sorry that you have to pay that kind of money but I think you are a little too troublesome and stubborn, if only you had listened when you were asked to change certain lines of the song you would not be in this deep hole right now , your so called friends and supporters supported you in your decision to go ahead with it but now is you and you alone that in your thing .
Poor guy. Learn a thing or two from Chalk Dust. Ironically, Bob Marley was one of the best at masking songs, for eg: I shot the sherrief, Who the cap fit etc. were all written at his two Wailers padners. But he avoided offending anyone. True masking of tunes.
The art form could be seriously affected. The same people who now come down on political calypso will if in opposition want to hear the political songs
I hate calypso….tooooo much….
can’t the Calypso association put in place measures to vet calypsos before they go out to the public? I believe this is something worth considering especially before it gets to the semi finals into the finals. This should provide the association with adequate time to implement the vetting process and guide the calypsonians.
Shut your mouth and take a stand with Checko. Are you blind to what is going on? Checko never mentioned the man’s name. Whatever is said in the song is not on his birth or baptismal certificates so how could a judge rule in his favour and charge the poor calypsonians money that he does not have? Am pissed the hell off over this madness. From now on no more calypsos for I and I.
Who is Ambassador A? I would never have known by listening to the song. A is simply wicked.
Checko is maybe a ‘twitwi’, but it saddens that not one member of the Association spoke in defense of calypso.
They did not even come as a team to resolve the matter where the calypsonian would have been suspended if he did not change the words and in exchange be pardoned by AA. And then implement new rules to warn calypsonians from then on.
This country is too small to be failing so so miserably to put peace and solve problems amicably.
Everybody singing a song here and there to keep their supper. Shame.
Totally agree with you. But this is a lesson learnt. Again it boils back to education checko thought that free dom of expression means one can sing or say whatever they want. Disappointed in pembo, being a vetran judge he should have put something in place to prevent such, but again does care at all in this country. I have the answer you all not we you all are reactive not proactive.
The decision handed down by the judge is his perception, his take on the matter. It does not mean that the judge was correct.
How correct was the judge to give a stay, up to now case cannot be heard in court, regarding the 42 charges filed against, we know who, for fraud in the millions that was committed, when the culprit should have been arrested by the Police as per the arrest warrant signed and sent to the Police to do so?
So Checko, the calypsonian committed a worse crime than that Big fraud and the other serious criminal activities we know about?
See how fast that Checko case was called.
So much inconsistencies and injustice. Nowhere in the song did Checko mention anybody’s name. Neither implicitly or explicitly.
Checko now. But Trust me. Any Calypsonian, who dare sing, express the feelings of society, advocate against corruption and Bad governance, even he/she do not mention anyone’s name, prepare to face the brunt of their venomous outbursts.
Dice singing too much politics. Calypsonians singing too many political songs these days.
Bla-Bla-Bla. In these times, they will not tolerate the artist’s genuine expressions. Shut you up with court, fine, maybe jail. Some are allowed to call fellow Dominicans as cockroaches, “terrorists,” Kakador, is OK.
Mr. Pembo, cannot be serious, when he talks about spewing venom. Apparently, he has not been listening to Kairi on a Saturday Night. He has not been listening to the morning Heng or the crazy man show. What about the loud mouth senior citizen, are you telling me you have not heard her. You have not heard the” I like that, I really like that,” gentleman lately. Pembo, leave the calypsonians alone, ok.
You cannot even make the difference between a cucumber and a pumpkin. You don’t even know that a cow give milk and that money is saved in a financial institution. No wonder you are unaware that worst venom and hate has been ongoing on the other radio station since December 19, 2009, even before the final count of the election the day before was settled. Check the records. You can add that the savage attack on people’s personality started long before on Kairi FM and now relentlessly on Q-95. It is people like you who encouraged Checko to sing his song. You told him they cannot touch you simply because a “Skerrit hater” lawyer told him his song is good and legal. The four hallowed walls of a court where arguments are advanced on both sides based on the law, is unlike a Q-95’s “Matt in the Morning” where any beff goes. Rather than ask Checko to explain to the public why his lawyer did not file a defense on his behalf in keeping with established procedures in these matters, you taking pot shots at Pembo. As though that will assist Checko to pay the $130,000.00. Pembo is more a friend and sympathizer to Checko than you. People like Pembo sought to caution Checko, but fools like you told him, no problem, sing your song. All will be right. You did not realize you did not have a defense and so time ran out on you all.
@watcher You sound silly and like one with a venemous heart. Checko will riese again. An no matter how many programmes you have on the Animal Show DENEGRATING PEOPLE THE GOOD PEOPLE OF WAITIKUBULI WILL STAND STRONG..Youy cant make anyone believe that you are not a hater, you won’t be believed. Q95 is the best in the Caribbean, and you would be stupid to believe otherwise. You sound desperate that your Master Skerrit is about to leave office. BUT CAN YOUR DESPERATION STOP IT? OH NO!
well anybody name “Melda” in Dominica sue Mighty Sparrow for sing you taking obeah to make wedding plans – and whoever name Erica – sue for the song ” ERICA Wir I ,I! Erica why you like to put your bottom outside” – we can get more rediculous if needs be . Cheko make the damn checque payable to Ambassador A and let s see how far he will get it pass any bank in Dominica. You guys are bent on destroying the act form – and when we do that and everybody starts to flock to Lucia and Trinidad to hear real original calypso and carnival you all will be seating down in Dominica wondering what is happening – go ahead sue each other it will get us real far – far behind that is..
Like I said Pembo should have had something in place to avoid this types of situation. Wh, because he is one of the most educated ones.Stowe and all the rest that claims to know everything could have advised but know all they do is run their mouth. Matt your turn is coming if you dont censor some of the things you carry on your show. If you are not aware yes the radio station along with you cna be sued.
I wonder what is preventing de calypso association or de judges from speaking as a responsible independent organization.
I can’t take any of what pembo and Duncan saying.
Why de official organizations responsible for Calypso not making a statement. They represent check.
I don’t expect Duncan nor Pembo to say anything to represent or defend check. Not even advice. Is like they protecting who ever public official, priest, pastor, lawyer, judge, police etc they figure our calypsonians mention in song. Protect yours. You to calypso association, stay moo moo and protect your obvious interest.
Even though we doh sing it on stage. De truth will still be broadcast.
What do you want them to say: “Garsan, Checko, we warned you about dat song but you doesn’t hear. We warned you!?”
Pembo and Duncan knew where this was heading form the release of the lyrics and did absolutely nothing. They allowed is to go on and went on to judge it. So if I were to conclude they were in agreement with the lyrics, if not they would have sanctioed checko. Duncan is just a great talker, he seemed to shine above the rest because the other failed to educate themselves. If he claims to be a writer and an attorney then he should have realized that the lyrics were damaging. But he wasn’t clever enough. You guys can fool me Duncan is guys like you all that take advantage of this country. Do you think you all want Dominica to improve, hell know, these would ruin you alls monopoly. This frustrates me every minute of the day.
Checko should sue the lawyer for malpractice, unless he did not pay the lawyer. If he did pay, then the bar should sanction the lawyer for not representing the best interest of his client, which is ethical duty.
Some Dominicans think that they are above the law. It is as if there is some World Organization (such as The Nobel Peace Prize Committee, The Olympics Committee) is supporting their ideas/ideals, or moral aptitude. They think they are the most educated, most knowledgeable, most Street Smart, and possess the most common sense in all mankind. Checko was warned: he himself consulted with an attorney (who should be dis-barred) who ill-advised him: both he and his attorney, as a means of their defense strategy, refused to contest the lawsuit. The claimant won a huge judgement against the defendant, and instead of his (Checko) supporters advising him how this could have been avoided, one of them had the unmitigated gall to suggest that Checko write another song. What madness! The solution or legal advise is NOT to write another calypso. The solution was to respond to the lawsuit in the first place – to contest the lawsuit; to plead not guilty or guilty! We need to become contrite and accept our wrong-doings, and respond accordingly and responsibly. Take away politics and we are human beings, and have human feelings, and have human rights, too. It’s the Dominican politics that we allow to create the partisan attitudes of indifference and disrespect to others.
From what i heard coming from the discussion I think Ghost may have offered the most logical reason why Checko was sued when he cited changing times and people being more “hyped”. I would dd that indeed people are more individualistic and thin-skinned so calypsonians may face the court more. I don’t think that this is the most libellous song ever performed here.
To ask calypsonians to bring lyrics for teachers etc to peruse to me is not going to address the issues. The singers and writers need a legal framework within which to operate. Also in my opinion judges of calypso should not be part of the way forward as they may take it on themselves to prejudge what is libellous and may therefore prevent songs from progressing through the stages.
The DCA should seek to establish some guidelines as per Trinidad. I hear people referring to Chalkdust. The modern day Chalkie is nothing compared to Cro Cro and Sugar Aloes. These two guys are very hard hitting in their lyrics and actually call out names of people not initials.
The DCA has a challenge on its hands to ensure that the art form stays true to its spirit and purpose whilst at the same time protecting singers and writers. Of course the good name of people must be respected but after all they have always shared the brunt of ridicule from calypsonians.
Too much politics in Calypso Thank God Dice have realll talent.
Please listen to Chalkdust!
Especially calypsoes like, Ah fraid Karl, and Somebody Mad!
I have a problem with all these solutions being provided right now. They may be good for the future. Lesson learnt. But, no one saw it fit to give this advice prior to the damage being done so that the consequences could have been avoided altogether. Everybody listened to the song, and when it was apparently too late Checko song was aleady a ‘hit’. The calypso authority and brother keepers should share in the blame.
The advise was given but not taken up by the recepient.
But wait a minute! Wasn’t that the same song he got a lawyer letter for, prior to the competition instructing/forbidding him from singing/performing and he didn’t adhere to the warning? Didn’t he seek legal advice before going on stage? And what happened after that? The calypsonian came out with yet another song…. ‘You write, I write, you write, so I must be right?”……..
Had Checko contested the case; he most likely could have won!
you just want your voice to be heard on a matter that should never have reached where it is today. Checko can play tough if he wants but he knows unless the decision is change by a higher court, he has a lot of money to pay. Why? He would not listen at the time to more sober advise. he wanted to prove a point to listeners on the hot seat but chose to stay with his lawyer who has an obvious bias to what the callers were saying on the said radio. station. If my understanding is right, Cheko, failed to make a defense within the stipulated time frame and so judgement, in default, was granted. Check, why did you not file a defense according to law. Did your lawyer advise you that you must respond to the claim by filing a response and within a certain time frame. What happened Checko? I am at a loss to understand what happened especially after the same lawyer went to the court to have the earlier judgement squashed/ Please explain to your fans on Q. Perhaps you can sing a ‘big song’ according to Pat and make some money. Checko, do you realize even after so many enjoyed the lyrics and knew exactly what you were saying about “Ambassador A”, it is you alone that has to pay?
you just want your voice to be heard on a matter that should never have reached where it is today. Checko can play tough if he wants but he knows unless the decision is change by a higher court, he has a lot of money to pay. Why? He would not listen at the time to more sober advise. he wanted to prove a point to listeners on the hot seat but chose to stay with his lawyer who has an obvious bias to what the callers were saying on the said radio. station. If my understanding is right, Cheko, failed to make a defense within the stipulated time frame and so judgement, in default, was granted. Check, why did you not file a defense according to law. Did your lawyer advise you that you must respond to the claim by filing a response and within a certain time frame. What happened Checko? I am at a loss to understand what happened especially after the same lawyer went to the court to have the earlier judgement squashed/ Please explain to your fans on Q. Perhaps you can sing a ‘big song’ according to Pat and make some money. Checko, do you realize even after so many enjoyed the lyrics and knew exactly what you were saying about “Ambassador A”, it is you alone that have to pay?
Exactly and still wasnt crowned.
Good point brings me back to Mr Duncan stowe who claims to be a lawyer and a writer, he would go on the radio and talk about all soughts of lyrics but yet to make mention about checko’s, why because he hasnt got the will power to do so. I listen to him talking about what lyrics is strong and weak and knew he knew checko was heading towards the ground but left him, They coould have sanctioned him.
Checko now has to pay $130,000 in damages after he failed to file a defense in the matter!!!! How does that translate to libel… I wonder how the case would have turned out if he actually did file a defense!!! That must be bugging him Checko to see that attorney G. Richards did not file a defense.
I say sue the lawyer.
Agreed.
What those calypsonians say will never be worse than what was done.
Darn joker.
really without hearing the lawyers side of the story. dam idiot
I think Checko should turn to all the blue haters who egged him on and whose foolish advice he accepted for help in paying that sum. Go to Q95 to have a radiothon. Sot!!
Well failing to file a defense is saying i am guilty. Maybe checko never gave a defense. I have worked with Mr Richards he is pretty sharp, dont think he would have dropped the ball. What defense could checko come up with.
Checko must have thought that he would not be slapped with paying such an amount or not at all. This was another of his underestimation.