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Letter: Damages over defamatory claims

Tuesday 29 October 2024 | Written by Supplied | Published in Letters to the Editor, Opinion

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Letter: Damages over defamatory claims

Dear Editor: In the Cook Islands High Court Bench Violation Book, 4.2 rule of law, it states, “the doctrine of the rule of law”, in its simplest form, means that we are all subject to clearly defined laws and legal principles [rather than the person whims of powerful people] and that those laws apply equally to all people all the time.

The reason I bring this up is in regards to an article in the Cook Islands News on 21-10-24,headlined,CIIC directors seek $350,000 in damages over defamatory claims against George Pitt and Elijah Communications where lawyer Brian Mason representing the plaintiffs who are current and former directors of the Cook I islands Investment Corporation.

Mason told Chief Justice Patrick Keane that the Defamation Act used to demand a jury trial and was removed in the Cook Islands because the late Vincent Ingram, who was a Member of Parliament, sued a newspaper for defamation knowing that he was so disliked that a jury would never find in his favour.

Is this not in violation of the Cook Islands High Court Bench Book where a powerful person, such as Member of Parliament Vincent Ingram got a law changed because of his own personal whim?

How can this law Ingram got changed not be unconstitutional?

Steve Boggs 

Comments

graham roper on 29/10/2024

Steve Boggs raises a point that is at the heart of the legal system influenced by “powerful people” Why is the secretary of Health , Bob Williams above the law. Formal complaints of “ perverting the course of justice “ have disappeared into the Neverland. Was this because Williams was an x police officer so is above the law? Or could it be the the Minister of Health, the SOH travel partner whose brother-in-law law as the PM directed the Police ( PM , police portfolio) asked that it go away? No explanations either from the police or the Court has been provided as to why complaint was never acknowledged, let alone investigated? The questions raised cannot be subject to “defamation “ as the initial complaint to the police is a factual document ( supplied to CINews )