Calypsonians have no special protections under the laws of Dominica and they must be careful when constructing lyrics, attorney Duncan Stowe has said.
“It is important to note that to date calypsonians, they have not special rights or priviledges under the law,” he told a discussion organized by the Dominica Calypso Association on Thursday night.
Recently the court ordered calypsonian Checko to pay $130,000 after he failed to file a defense in a libel lawsuit brought by Dr. Philbert Aaron.
In 2011 Checko, whose real name is Abel Jno Baptiste had penned a song, ‘Bug Her,’ which Aaron claimed was defamatory to him.
Stowe said during Thursday night’s discussion that calypsonians can find ways to circumvent the law through clever, creative and effective use of language.
“That is the only way,” he noted.
He urged calypsonians to consult people with knowledge of English with their ideas since the use of language is critical.
“So go to an English, go to a Literature teacher with your ideas and ensure you are sufficiently creative,” he stated.
Stowe said over the years there have been many calypsonians who have proved time and time again that the use of language is important.
“You have to find creative ways to do it,” he said.
My first question about this attorney is which school of law they attended, as the statement reflects in some way the quality of education provided, in that regard.
My basis for this conclusion is based on the fact that there was no fact finding by the court, in fact it is alleged that the failure to file a timely defense is mainly responsible for this decision. Given those circumstances, how could any attorney deserving of a certificate from any university conclude that the words necessarily should have been judged as offensive to warrant that kind of judgment.
Again, it all comes back to what we the citizens of the OECS region should emphatically reject the CCJ, because if this is the caliber of judges, and the quality of justice that we are to expect from this CCJ, we will be better served remaining with the Privy Council, as the many other commonwealth countries have done.
the calypso was sang in 2012 and mano was bombed in ?????
these cases can go fast depending on whom
They should learn from Sparrow of all and seek his advice. He was (is) a pro at calypsos. People’s lifestyle and personal habit must be respected. Furthermore, ensure what is sung is correct; did in fact take place. They must always keep in mind, “Place yourself in another’s shoes/position.” Consider if it were you how would you react. The saying, “Do so never like so.” Live by the Golden Rule.
Just appeal, then come backk and sue everyone you do not like.
Is today this type of creativity has been going on nah? I am young person – mambo, Alaska (I’ll ask her) comes to mind. Are you people seriously taking this and making story
See how Aaron make Peter Petta lose La Plaine. Mister don’t know how much relatives Checko have La Plaine. Blood is thicker than water.Well i like this, no! I really like this. Skerro must be vex.
Duncan did cheko call the man name . Again all that is politics now you for them so every thing wrong now if it was before or a next man you would have not say any thing
None of this makes sense- the law is an arse – it only takes two people to go to court to testify that the language or words used was offensive to me and that I felt agrieved and voila I have a case – pure nonsense; but I would love to see the checque of 130k made in the name of Ambassador A and he then takes it to the bank to have it changed or deposited. The bank obviously will request from him an ID and certain no ID in his possession will prove that he is Ambassador A ; the next step I suppose for producing an ID is to present the bank with a copy of the courts verdict and probably a copy of Cheko song for proof of identification – what nonsense; I would tell Duncan go say that in T&T or even next door in Lucia and see if he or the A one, would survive.
Aaron is a police officer. He had a lawyer. They put in no defense. case closed
Mabel, u have it the other way . Abel is the police officer, he was the one who didn’t put up a defense. I don’t know why his lawyer did not advise him properly and if he had appear in court there could be some mitigation and the fine could be less
Checko, all u had to do was humble urself and change the lyric then that matter wouldn’t reach the court. I would like to know whether u had fired ur solicitor?
rubbish
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) 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.
Duncan makes a comment and right away he is the scapgoat of the whole affair. No one is critizing checkos lawyer heavily… The lawyer blundered, he blundered.
to add insult to injury, Checko felt he was bad and no man can stop him,,, well he paying big time..
Even in checko’s calypso 2014 some of his lyrics was so distasteful.. eg: De coshoni from Laplaine… Checko you are a police officer garcon lead from the front…
De coshoni must be laughing you now.
I hope calypsonians learn. Defaming peoples character and calling it art is wrong… Ah Big Jeff if you didnt listen, this year, you would probably looking for $500,000 to pay for your foul mouth.
Instead of calling mano case dem fellas trying to prove Ambassador is that Aaron fella, Checko had no representation in this case that is why aaron won, utter nonsense from stowe, just because the calypsonians not singing praises of skerro like the Cabal on Kari u all want to censor them, but it will not work, Dominica is a not Cuba!
Why did Checko not have a defense within the stipulated time frame as understood by all good legal practitioners. After all the whole world knew who his lawyer was back then when he stubbornly refused to change one line in his lyrics.. $130,000.00 is no little money for a struggling police constable. Where was his lawyer anyway? Is he the same lawyer who attempted to get the court to go back over its decision after the fact? What is the good defense that was not provided at the stipulated time frame – according to the CPR. Now go and research what CPR means.
If there is one time i would wish my friends in the calypso Association would take a stand is on this one, for the records i think the Association should make its members proud and by extension Calypsonians in the region, take up this matter as far as it can go through the legal channels then i think the public will be satisfied and we will all applaud the Calypso Association for standing up for something. Who is to protect the art form now? Looks like politicians, friends of politicians will do whatever they want and social commentary must remain mute? What about the writers your talent is at stake now? Only in DOMINICA
This case has nothing to do with politicians and friends of politicians. The blame falls squarely on the shoulders of the calypsonian and/or his lawyer for not submitting a defense. Had a defense been filed, I cannot see a court of law finding Checko liable.
Your right to comment on my lifestyle, behavior and to criticize me etc is not a right to defame me. ?
It must be bugging Checko now to see that his attorney did not file a defense!!!! I wonder how the case would have turned out IF defense was actually filed!!!!
Duncan is right – calypsonians do not have special rights or privileges under the law. however, The order by the court for a settlement of $130,000.00 to Philbert was not because Checko was libelous or defamed his character. Instead the court awarded the settlement because Checko did not enter a defense which assumes that Checko accepts the libel lawsuit entered by Philbert. I am confident if this case had to be heard in its entirety, no judge would have the conviction to support the law suit based on the lyrical content of the calypso.
Wish I could like this comment a thousand times.
This is the point that most persons seem to be missing.
Regardless of the effectiveness in your disposal of the English language, you are still liable to potential lawsuits.
What is most important is filing of the necessary legal defence against the suits.
Thats the advice calypsonians and other persons need to heed.
You cannot just disregard the suit. You will obviously be held liable.
Blame his lawyer. Checko told the world he had a lawyer and the whole world knew who that lawyer is – to this day.
So much for your lawyese. What you saying make no sense – settlement was because he did not enter a defense. Where in law do you conceive of this happening? Sometimes, eh.
He lost by default, as he did not file defence within the stated time. We must also not forget that Checko submitted an apology which was considered to be late…simple truth Checko should SUE his Lawyers.
I really like this example on checko……you have to be very careful with your lyrics…….all the people that was supporting you…I hope they help you pay the man
Duncan you said to me the other day that you are disappointed that the calypso association remain silent on that issue and you are also disappointed to the fact that abel had no representation… my suggestion is that since you are a calypso love and enthusiast and also a lawyer, you could put together a legal defense team for the young man….
MB, Did Duncan really say so? Strange to read his opinion now, its all about serving the master
And who is this master? Tell us nah. You people, always looking at things from the point of partisan bias. Can we not discuss issues on pure merits and analysis in this Dominica? Did you not hear/see that many people, including members of the Association, warned Checko that his lyrics were potentially harmful and that he should reconsider revising them? First, he refuses wise counsel, then he adds insult to injury by not mounting a defense. Now, when will this new generation – Generation X – accept responsibility for their actions. And that is all it is for us, considering the circumstances of the case. You reap what you sow. You play with fire, you get burn. Who don’t hear must feel.
But Cheko chose his lawyer. He told us who his lawyer was. He said his lawyer told him he can sing his song, there is no libel in it. Don’t forget the lawyer we were told who is his lawyer has an obvious bias, perhaps hate of the “Ambassador A” as we know it. How can Duncan know whether Checko had field a defense before it became public? Are lawyers in the of habit of informing other lawyers whether they filed a matter or not on behalf of their client?
Seriously? From my understanding, that is exactly what was done. When a judge can find it makes sense for someone else to tell you what you mean or wanted to mean then I don’t think there any level of creativeness you can find to combat that. Let’s see an example : “The cow moon in Roseau”. So Mr.Stowe, couldn’t you now say that I said that it means you were mooning people in Roseau? You making your own meaning to that sentence makes as much sense as what happened here.
attorney Duncan Stowe is ONE SET……
Stowe what been u have with Aaron, u always aiming at the man stop the grudge and envy, u are wrong calypsonians don’t need any special laws, u either have a free society governed by common laws or a communists dictatorship governed by Roman law.
In free societies art is a reflection of life and entertainers sing about other people including president bush or Obama, and never taken to court, in societies like Cuba or china it cannot happen.
Checko case is just showing you we are heading in the China direction.
Rubbish!!!
this has to be the most ridiculous comment ever on DNO
This has to be the most asinine comment ever on DNO. In your model country, the law of the jungle would rule. Which “free society” do you find any Jack can say what they want, when they want to, about whom they want to, without regard to basic expectations of decency and probity, no holes barred?
thats a personal issue between these two. it boils down to who had and who have the lady.
it boils down to who left the lady at the altar
It all boils down to, “watch your language”. They are too blunt and do not know how to utilize their words without making it evident that they are singing about a particular person. This is where the trouble and libel came in. Utilize your common sense.
Strange, Anonymous I used the first four words before seeing your comment. Great minds think alike?
i hope you learn a lesson.
you can’t get away with every thing