‘We say that the intentional infliction of emotional harm arising from the mental and emotional distress that our client experienced is as a direct result of the disclosure of his private and confidential information’ – Pre-action protocol letter
By Sue-Ann Wayow
THE allegations contained in a leaked Special Branch report on government minister Foster Cummings by United National Congress (UNC) Senator Jayanti Lutchmedial have caused mental stress to him and his family and put the minister at risk to violent acts.
And Cummings is now threatening legal action with a pre-action protocol letter issued to Lutchmedial.
The letter dated May 11 was issued by law firm Hove and Associates and contained the statements made by Lutchmedial during last Thursday’s UNC’s T&T Speaks segment.
Lutchmedial had produced a Trinidad and Tobago Police Service (TTPS) Special Branch report alleging that Minister of Youth Development and National Service Cummings, who is also Member of Parliament for La Horquetta/Talparo, was involved in compromising deals as a businessman and even with a reputed drug dealer.
The law firm described Lutchmedial’s statements as “irresponsible, reckless and was a breach of confidence.”
Hove and Associates stated Cummings has suffered cyberbullying as a result and has had to enlist the services of a professional therapist.
“We say that the intentional infliction of emotional harm arising from the mental and emotional distress that our client experienced is as a direct result of the disclosure of his private and confidential information,” the letter stated.
It stated, “The reckless dissemination of such information to the general public has put the life of our client and his family at risk to acts of violence from persons potentially outraged by the allegations of corruption by our client and further, the allegation which you have presented as a fact, that he has dealings with a reputed drug dealer and the leader of a ‘gang’.”
The letter added, “Our client had a reasonable expectation of privacy for information that relates to an investigation being carried out by the TTPS. No charges have been brought against our client and the totality of any investigation has not proffered by anybody including the Trinidad and Tobago Police Service. The document on which you have commented does not lay in any factual context where a fair assessment of its accuracy can be inferred.”
Cummings via the law firm is asking that the video containing the statements be removed from all social media platforms, an apology and a public retraction of the allegations made via the same mediums as the initial statements made, an undertaking in writing that the statements will no longer be repeated and a reasonable proposal for damages.
Should the video not be removed and the public retraction and apology issued by on or before 1 pm on Thursday, attorneys have been instructed to file High Court proceedings inclusive of an application for interim injunctive relief without any further notice.
The letter was signed by senior associate attorney Jennifer Farah-Tull.
Letter received
Lutchmedial in a Facebook post confirmed she received the letter but she will not be backing down.
The senator has asked advice of former attorney general Anand Ramlogan concerning the matter.
She posted, “After fighting off the strong temptation to throw it in the dust bin, I decided to pass it on to my attorney, former Attorney General and Senior Counsel Anand Ramlogan. I would like to inform Mr Cummings and all other accused land grabbers in case they are unaware that I’ve donned my robes and bands for the past 15 years in defence of truth, justice and the rule of law. As such, I have a lot of court clothes. I strongly advise that they too should invest inappropriate attire for the Courthouse.”
