Prolific calypso writer Pat Aaron is of the view that a recent court ruling against calypsonian Checko provides the opportunity for an even bigger song.
Last week a high court judge ordered the calypsonian to pay $130,000 plus cost to Dr Philbert Aaron after it ruled in his favor that 2012 calypso “Bug Her,” performed by Checko, had defamed him.
However, songwriter Aaron said that Checko, whose real name is Abel Jno Baptiste, should use this matter to create a “bigger and better song.”
“I look at that as an opportunity for Checko,” he told DNO.”If Checko is a policeman, then it may create a problem for him but as an artiste, then that is an opportunity to make a bigger song.”
He described the ruling as outrageous and could be an attempt to muzzle calypso.
“I am waiting to see what the Calypso association is going to say about it because listening to the song that Checko sang, it is really outrageous that the court could make a ruling like that,” he said. “It could be an attempt to muzzle the art form. The art form cannot be confined or kept within bars. The association has to sit down and look at the situation and have a discussion and chart a way forward.”
He said calypso cannot be muzzled because “many people have tried that before.”
According to him, calypsos should never be about trying to bring people down, however, accusations in calypso must be based on facts. He added further that artistes choose topics that they think will have more impact and will raise their chances of winning the crown.
But fellow calypso writer, Ian Jackson, has a different and more cautious view. Jackson told DNO that calypso writers and calypsonians should be a bit more responsible with their lyrics.
“I think that calypsonians need to be more careful,” he said. “Calypsonians should consult writers or English teachers as to how they go about crafting their lyrics and presenting it because there is a way that you can present lyrics very subtly, get your message across and not be offensive.”
Jackson referred to deceased calypsonian, Man Himself, who he said was a master at being able to cast accusations while being ‘crafty and witty’ about it.
“Calypso is an exaggerated art form and to bring your point across you use a mask, exaggeration and hyperboles … you cannot be raw when presenting those lyrics,” he stated. “I think that calypsonians in the future if they attempt writing songs, as Checko did, should consult even lawyers to know if the information which they are presenting to the public may be libelous.”
Both writers agreed however, that enough is not being done to protect calypsonians against cases of such nature.
“I think the calypso association should now learn from that Checko incident and probably if they hear a song in a tent and they figure to themselves that there is some danger in that song, to protect the artiste themselves, they can probably refer them to a lawyer or ask him to tweak the lyrics,” Jackson opined.
DNO contacted a number of leading calypsonians for an opinion on the matter but none wanted to go on public record.
Ya victimize me and my posts still..lol..all other post can approve after mine…but my own still pending. Take things personal still
I get it! Checko got sued. He lost a decision in a court of law. He needs to use the appeal process. That’s his right. I agree with Pat. He needs to write another song. Controversy sells. It’s the way of the world. The ruling and continued responses on DNO and other media outlets cast a much larger glow on the topic itself.
The good Ambassador may have won in a court of law, but the matter certainly has not been laid to rest. It continues to live vibrantly, much to his displeasure.
Pat is a joke. Practice what you preach Pat and give Jack his jacket.
The court’s ruling was based on a legal technicality about the filing of a documents, NOT the case put forward by the plaintiff.
Therefore, only an extraordinarily dumb person would even think of treating this ruling as one based on the validity of the plaintiff’s contention of defamation.
If somebody sues you and finds you in default because there is no defense on record for you, than the court is compelled to rule in favor of the complainant.
The lack of a defense made it unnecessary for the court to explore the merits or demerits of Aaron’s contention of defamation. It’s that simple: No defense! Game over! The complainant wins!
What does politics have to do with this? And why does one even mention politics? The court made a ruling and as such the Association cannot say much on the matter. Bear in mind that Checko still has the appeal option open to him where,maybe, the Court of Appeal might agree or disagree with him. What all you want them to say -they agree or disagree?- The man was found for slander and libel what he got to do now is get his appeal going and stop wasting.
I totally agree with Pat Aaron. When life hands you LEMONS sqeeze the life out of them and make LEMONADE
I would not pay one black cent to mister!!
What damage did he suffer as a result of Checko’s song? He is still an Ambassador drawing his big salary on the backs of Dominican taxpayers, including Checko.
Mr Jackson is speaking gibberish. The laws of Dominica does not recognise masking, so no matter how “clever” a song is masked, once the plaintiff can get 2 witness to come forward and support their case, then the masked is irrelevant and the suit is allowed.
This has always been so, cultural norms allowed people to be tolerant and they never bother sue. So most calypsonians could get prosecuted, even the so called “clever” ones.
Instead of throwing a fellow calypsonian under the bus in a typical ‘uncle tom’ style, Jackson and others calypsonians should rally with him. Remember, Checko did not start that business he was only taking example from past players, including the president and treasurer of the current executive of the Calypso Association.
Why is the calypso association being blamed for the courts Rulings ?? You know how many members of the association ask Checko to the tweak wording of the songs soon after it hit the airwaves they called on him to change it on several occasions he never took their advice , he played stubborn and sat on that high horse an continue to let the hype get him swell headed , now you’ll want to blame the association you guys are just too ridiculous .
checko need to take his responsibilty all those that were dancing on his song can now raise funds so he can pay
hope he learn a lesson
Checko sang a song that referenced not-so-plainly to more than one individual. The song was not poorly written, but in the area of personal description, more care should have been taken so as to not be too obvious. Regardless, one individual claimed that the song made a clear reference to him by title and last initial and so he (through a lawyer) asked Checko to change the song or not sing it (I do not remember which). Checko went ahead, sang the song and the referenced individual proceeded with legal action.
The claim might be frivilous, but it is his right to do so. It is also Checko’s right to defend himself.
Dr. Aaron did not ‘win’ the case… not in the true sense of the word win. Checko failed to defend himself in court – that is, his lawyer (for whatever reason) did not file a defense on his behalf – and so Dr. Aaron’s lawyer asked for judgement in the matter. The sitting judge had no choice but to rule in Dr. Aaron’s favour, and based on the Dr’s claims (libel, defamation, etc.), certain damages were levelled on Checko. This is my understanding of what transpired.
So what we have here is not a case of “stiffling of Calypso” or “the degradation of an artform”… what we have here is a failure of an individual to defend himself in court. Neither the courts, the government nor the DCA are trying to censor calypsonians… at least, that’s not what the results of this case mean.
Further, some people question the Dr’s choice to take legal action. They make mention of individuals whose names may have been used in calypsos of years past. But how many of those past songs made the people out to be homosexual men? In Dominican society adulterers and white collar theives are not looked down upon as much as gay men. So it’s no wonder that the insinuation of an “awkward sexual orientation” prompted Dr. Aaron to resort to drastic measures.
Going forward writers just need to be more clever with their lyrics. As someone mentioned in another comment, Man Himself (may his soul rest in peace) was a master at the art of making accusations without poking the bull (no pun intended).
Dominican calypsonians need to focus more songs on skerrit instead of the other fellas in the cabal, i been following calypso for 59 years and i have never seen so sensoring of the art form, they want to make Dominica like Cuba, Checko be strong, this fight is for the next generation.
GLARING!!! our justice system is CORRUPTED and the government have penetrated all aspect of our society.
”DNO contacted a number of leading calypsonians for an opinion on the matter but none wanted to go on public record.”
All leading calypsonians are afraid to speak. Imagine that…
Oh and I agree with Pat, the ruling is outrageous. Extremely outrageous and needs to be appealed. It is also as outrageous as the suit filed in NYC against Marlon for “share of proceeds”. An attempt to muzzle? Oh I see.
I think the Calypso Association should come forward and assist Checko in dealing with this. But then again, see who is at the top of the Association, a man who is front and centre of the campaign of the same labour party of which mr. A is an executive member. I feel sorry for Checko. Alas.
The injustice in Dominica continues.
Since when people are being charged for songs on people In carnival? Just remember in the early years we all sang Matilda took the money and ran Venezuela Also,Isla moi ne maler and You marry the girl Charlie, nobody sued anyone? everyone enjoyed and sang along up to now. All this is”CRAP” IT’S CARNIVAL come on Dominicans!!!!! Sing Checko!!!!!!!
When I was growing up, people called peoples names in carnival and calypso and there were no problems like suing.
The Mighty Sparrow, Rabbit, Tokeo, to name a few called peoples names black and white and there were no problems. I wonder of the Dr suing is so broke what his beef? If you not guilty what do you care if people called your name.
So everyone is just going to sue left and right. What about the ministers calling peoples names. What about the people on Q95 calling peoples names, What about the Farmer from Salisbury on Q95 calling peoples names. How far is this going. The police should take jail instead than paying this bill, which is outrageous and ridiculous. Stop this now because this is going to spread like wild fire.
Ian Jackson is correct. This is another reason why those who write books have lawyers to ensure that they are not sued. The same should apply for calypso songs where the names of others are used. Calypsonians must smarten up.
Pat how the young man going to write a hit song with this level of stress he is in right now..the man got to win seven crowns to pay his calypso debt before he can put a dime in his pocket…stupes…
Our Calypso singers should strive to sing songs to make money, not Pay money. Lesson learnt.
Well I think I’ve had my fill on nonsense for the day. If that song made a singer liable then we might as well forget about any meaningful and in the moment calypso for next year. We will continue to get more bouyon in calypso until we wont know the difference.
Dominica, it seems like I know you not.
More often than not some of you look at it on (as) an earthly matter. The Eighth Commandment of God is: You shall not bear false witness against your neighbor. This means, “Have I gossiped, told lies, or “embellished stories” at the expense of another.”
The meaning of: Add ornamentation to melody – Music – to add extra notes, accents, or trills to a melody to make it more beautiful or interesting.
So what I am understanding from all this is that persons should now come forward and sue calypsonians from way back then. Minister borga should be sued, joking karl should be sued. pastor rod should be sued and the list goes on and on.
Calypso is social commentary and has been for years.
Look at Trinidad and Antigua = the most that is done is that the songs are banned on the radio stations but never in the history of calypso that has happened.
Very soon there will be no more calypso shows.
people take heed
There is always a first time. This is the era we reside in. Some of you fail to know the difference between right from wrong. If someone made a song about you, used your name/initial and job title, how would you feel and what would be your reaction? These are the questions to a truthful answer. Can you answer that?
”DNO contacted a number of leading calypsonians for an opinion on the matter but none wanted to go on public record.”
Even calypsoians are afraid to talk in Dominica? papa, we fini bat.
They might sued for voicing their opinion. We always copying USA . We want to sue for everything now.
What nonsense Jacko talking dere nah. so because you are an English teacher you can write a good calypso… man shut up. Free up the calypso, That judgement is political. Ambassador A is no ones name I would like to see him change the check addressed to Ambassador A.
You are residing in total ignorance according to your mentality.
calypso prizes must be increased since legal minds may have to review calypso being going public to avoid law suits.
Some one asked ,’Where is the ”Dominica Calypso Association?” Its officers are busy on the campaign trail.
It is not a Calypso association it is political camp.
Some one asked ,’Where is the ”Dominica Calypso Association?” Its officers are busy on the campaign trail.
i remember when checo came up with that song he went to his lawyer to fix it,and was advised that it was safe to sing.the lawyer failed to file a defense for the man and the court had no choice but to rule in Aarons favour.so the lawyer should pay
Pat have guts encouraging the man to write a bigger song?! . And you foolish calypsonians, stop buying into the hype that Pat is the only writer out there. You cannot expect to fight a giant with a spoon. Kudos for trying tho
He has no sense after Checko has to pay $130,000. He should help him to write it and will help him to pay a bigger lawsuit.
Checko was warned. he took solace in the popular comments on radio and now he is paying the consequences. he claimed to have gotten a lawyer’s advise, but already we see two other lawyers including a judge did not agree with that opinion of the law. Check will undoubtedly suffer alone. I sincerely hope that Dr. Aaron will accept that he was vindicated. Any further action to enforce the judgement beyond his Lawyers fees will be fraught with much political implications. Doc, do accept that your cause was justified and that you came out on the winning side. Leave Checko to lick his gaping and smelly wounds. He should consider very carefully any advice he might get to appeal the same. Because like now, the “go to the appeal court protagonists will simply disappear into thin air
Checko should adopt and practice the song by Glen Campbell:
Let me be a little kinder
Let me be a little blinder
To the faults of those around me
Let me praise a little more . . .
Think a little more of others
And a little less of me.
If he did, he would not be sued. Checko was only concerned about winning the first prize and being honored for it. Christians should know better than that not to expose and tarnish the good name of others. If they do, as God is looking on and hearing, it may be an unforgiving sin. His supporters should also contemplate on it and practice it.
@ Ronald, Yes checko should have definitely consider the lyrics but he is and never will be alone, Checko we are rallying right behind you,Change is a must not an option .I invite you to rally behind the team for change,change is a must not an option.
Where is the ”Dominica Calypso Association?”
What are the roles and functions of the Dominica “Calypso Association?”
Well Pat you are a Calypso writer, some say or refer to you as prolific writer. Whatever the description regarding your skills in writing a calypso, it fall s far short of making you or extending to you any credence as a lawyer. You are not a lawyer. Please accept that as fact. The trained practicising lawyer who is closely associated with your view point in so many ways, failed miserably to convince the court of justice here that your view and his view of the law as far as calypso expression – freedom of speech is concerned, their opinion is was the correct one. If the media reports are correct, when the matter came up for hearing within the hallowed and sanitized walls of the High Court, where Matt, Blessings, Weh, weh, weh and Carlisle et al had no say Checko did not even plead a case. He did not have a defense. It was only after judgement was given in default did Checko and his lawyer sought certain relief (defer, set aside the judgement in default) from the court. So Pat go ahead. Write your big song and give it to your puppet to sing. We go see. I think too that Checko should try his luck at the Court of Appeal. So much has been said about the court in this matter. I note too that the same voices today who are condemning the court were the very same voices that were raised when Pinard Byrne lost the Layou River case. The High Court of Appeal then was God’s best gift to Dominica. Today it is a “bastard of sorts”. Everything in Dominica these days is rated either “blue” or “red”.
@ Ronald. I am sure you will agree that corruption is rubbing off on our justice system and yes everything in Dominica is politics. Dont pretend like you do not know that even the Judges must sing for their supper,they too are underpaid and stressed out.Corruption must never be ruled out, and why are you so upbeat about Checko’s dilema, if its not political,then what?personal.
Today for Checko tomorrow for all of allu, and I understand perfectly well,even you must sing for your dinner in this corrupt system!
So wait, everybody on Q including Pat and his followers were shouting big song….the issue now is who helping Checko to pay? Pat writes so he cannot get sued, at least that much I know.
Pat is injecting to much politics in calypso in DA.
The Calypso Association should retain the services of a Law Firm, not an individual lawyer, to represent all its members. The firm is paid an annual retainer and has the responsibility of representing all members through the Calypso Association.
But some members of DCA are too tribal in their politics and it is unfortunate that to date an official statement from DCA has not been forthcoming.
Let’s see if they will come out in solidarity with a fellow calypsonian.
what the association have to do with that? allu just too pathetic
I never liked the song,,,I never like THESE types of songs calling names and even saying where they work….that was a Low song…BUT I am against the ruling,,,too much money…but Calypsonians I hope you learn from this…..Ency song “Watch your Bottom” had no name calling….If others in the song had to sue too…..you make persons embarrassed….The Association has to have rules about songs too….
The calypsonian must protect himself …………..he was asked to change the words …………if he had done so ???????????????…easy Pat ..with his stupid politics …pat is not a writer of “STRONG POLITICAL CALYPSO”He is a politician as per all his ramblings on Q95…I guess that comment will not pass your so called editor
If Pat is a Politician what is Ghost? A Ghost Politician?
Ian is right probably the calypso should have some seminars or workshops to help the young calypsonians.
Allu doing like allu doh know where calyso came from and how it came about.Thats a time to free up and say what you want ,who vex lost.This has lost all it’s meaning.
to all we must not wear our ignorance as a badge of honor.i must agree with ian jackson before you release a song have it proof check with elite english writer or scaned by a lawyer we cannot go on abusing people in song and dont expect to get sued. pat should know in the land of the free home of the brave thats whrere people a mostly sued if they think they have been wronged, just check your telvesion sets and see how mant lawyers keep advertising for lients.
Yes and they state, “You don’t pay anything until you win the case.” Words to that effect. No exception in Toronto. I hear and read their ads all the time. It is something new in this era. They are so sure of winning the cases. It does not always work like that. Attorneys are always the winners in receiving big-time money. They do not lose.
i would like to see the words of this song all over the news papers and all over the country; let the people decide. the court system is bias and is a failure where only the poor feels the heat
Ghost also referred to the Englishman as Bernadette.
According to a previous article by DNO ” —- Abel Jno Baptiste, had failed to file a defense within seven days, as prescribed by law. This prompted Aaron’s attorney, — to apply for judgement in default, which was obtained.”
If this is accurate, the Court didn’t rule on the contents of the song; it simply agreed that the defendant didn’t file a defense as required and granted the claimant what he asked for.
One may have freedom of speech but not freedom from responding to the court.
I totally agree with what you have said. If Mr Jnobaptist had filed the necessary documents maybe things would have been different
I wonder!
This comment is bang on the Court ruled in default !There was no defense !
Imckoy you are right one ought not to ignore responding to the court but guess what that is for some not all of us sa! The court has been ignored by those who have continuesd to abuse it. There is a bench warrant for a certain lawyer that has not been executed although it was done by an order from the court. Not only was it not responded to it seem it has been disregarded totally; -there is an injuncture for taxes owed by a certain business institution that has the court dumb for over 1o years now; that injunction seem to be indefinite and the operatives of the system seem powerless to do anything about it. so you see it depends on who, my friend , the court can be disregarded. Before I leave there are matters before the court that exceed 5years that cant come up for a hearing yet still certain matters can get called overnight. Now if that is not manipulation I do not know what is.
Well Pat you have the opportunity to make an extra money next year. Give checko the song to sing.
However, I think that checko should be careful and only present lyrics that is in conformity with the rules of calypso. All you had to do was remove that part in the song but when you listen to others who have their own hidden agenda, you end up like you did. All they were saying to you is don’t remove the words or line, who is “Ambassador A”?
Anyways don’t give up.
but jacko, de man doh call name. de man never used de English term for homosexual men, he said, he does bug her, how is that offensive..
What is preventing our calypsonians from commenting on de fate of their fellow artiste?
In my humble opinion NO ONE’S NAME WAS MENTIONED!
To Mr. Jackson’s point, perhaps our Calypso Association FAILED in its duties.
It failed to protect de Artiste and as a result of de case it failed to protect innocent members of the public
i dont want to sing in no calypso competition where de association will not protect me. If there is a technicality in my song that would bring myself or de association into disrepute then de association should have acted to protect itself and de artiste.
As far as i am concerned i don’t trust de association. Dis action refers to calypso in 2013. You mean de association cannot speak up on de issue? is that how it treats its members? Does de association feel embarrassed that it didn’t do enough to support one of its artistes? when we had de incident with Hunter you were too quick to come out and now what??????
i dont trust de calypso association
why all you dont make a law in de association to disallow any songs that go against de DLP????
JUST PASS DE LAW SO WE KNOW IN ADVANCE!
Very Contrasting view, Ian Jackson you seem to be apply a conservative approach to song writing, not sure if the art form is meant to be used in that way. And yes I am patiently awaiting on this Politically charged DCA, its past fourty eight hours and i have to conclude that Checko is not a member of the Association.
There was a calypso by ghost “mwen pas vlais pierce minista bogar. There was also one about Karl they joking and also one tat spoke about ” he talking like is something he sucking” I wonder what te calypso executive can say against Checko
Was it the Calypso Association that made the ruling? Or was it Ghost? Whose fault if the person in question didn`t sue Ghost?
To compose and sing calypso songs about people, mentioning their names and exposing their personal lifestyle and action. etc., lack compassion and love of neighbor. This is not correct. It depicts a dislike/hatred for others and an uncaring attitude to also how they will react. It could easily happen to you or someone (close) whom you know. It is too bad that some of you are not able to see it on this godly light. You must learn the Golden Rule.