Mac files suit against CNS
Posted on Tue, 10/11/2011 - 16:00 in Local News
(CNS): The Cayman Islands premier has followed through on a threat to take legal action against Cayman News Service and has filed suit, claiming that a Viewpoint written by a reader discussing the ban on civil servants exercising the right to free speech was defamatory. Naming both Nicky Watson as owner and operator of CNS and Wendy Ledger as a writer working for Watson, the suit is claiming damages over four sections picked out of the commentary, saying that McKeeva Bush’s “credit, character and reputation has been severely damaged politically, socially and in his business.” CNS is contesting the suit, maintaining that the article in question was a classic example of fair comment. (Photo Dennie Warren Jr)
In the statement of claim received by Watson on Monday 10 October, the premier, through his attorneys, states that the commentary published on 19 May suggested that Bush’s behaviour is comparable to terrorism, that he victimizes or will victimize civil servants and that he is opposed to the people's rights to freedom of speech.
In June, Bush demanded an apology and the removal of the Viewpoint, which was written by a reader of CNS under the pen name ‘Bean Counter’. However, Watson responded to his attorney, Steve McField, saying she had taken legal advice about the contents of the letter of demand, and had been advised that the law protects freedom of speech, and that the article in question was a classic example of fair comment on a matter of public interest, the publication of which is protected by law.
In her response, Watson noted that section 11 of the Constitution, which while not yet in force enshrines fundamental common law principles, provides that freedom of expression includes “freedom to hold opinions, and to receive and impart ideas and information without interference”. She wrote, “The writer of the article in question holds opinions on an important matter of public interest, and Cayman News Service has the freedom to receive and impart the writer's ideas.”
She also noted that the context in which the word “terrorist” is used in the article is clearly explained.
“The writer of the article has expressed a strong view that the imposition of restrictions on the freedom of expression of civil servants is wrong, and creates a climate of fear akin to that experienced by people living in dictatorial regimes … The article is no more and no less than an attack on your client's administration as being responsible, as the ruling administration, for the continuation of the policies and laws which restrict freedom of expression of public servants, and hence for the maintenance of a climate of fear. However much your client may be displeased, in a free society it is the right of the writer to make such an attack, and the right of Cayman News Service to publish it.”
Watson rejected the claim that the article was an unwarranted and defamatory attack on the premier, a position she still holds and is therefore prepared to contest the suit.
“The premier appears to have missed the irony of asserting one’s support of free speech under the Constitution while simultaneously threatening legal action when faced with the exercise of that avowed right,” Watson said in July following the letter of demand.
In response to the premier’s suit, she said, “Democracy cannot function properly when people are afraid to criticise government policy and those in authority and it is important that the media continues to protect those rights, whoever challenges them.”
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Foreign folks reading this
Foreign folks reading this are either shaking their heads in disbelief, or laughing their derriere's off, enjoying the ignorance and unprofessionalism....one little piece of rock and we just can't get it together....a handful of Caymanians...all fighting down each other. Life is so short. Try to live it with a lil more pride in yourselves, a lil more finesse. Please! Yes, Mr. Bush was elected and he does deserve respect. Wait for the polls if you wish to change your leader, but right now, he is your Leader. Act like you have an iota of civility.
This post doesn't seem to
This post doesn't seem to have anything to do with article. Did I miss something?
Who the hell is Mr. Bush?
Who the hell is Mr. Bush?
Same thing he tried to do to
Same thing he tried to do to the Bodden Town 5 who dared to try to put the BT election fiasco right. XXXX Yes, we lost the case and then they threatened to bankrupt us. What a bunch of bullies. Is there any way we get rid of this bunch before 2013?
A free press can be good or
CNS keep writing & "dem
CNS keep writing & "dem bloggers" will keep commenting.
That's called free speech & if we didn't have media outlets like CNS & Rooster to discuss, debate and bring facts to light the public would be kept in the dark on a lot of issues.
All elected members & government agencies should welcome transparency if there is nothing to hide.
If y'all got so much
If y'all got so much balls...y don't yall state ur real names? I believe this is a handful of people using different pseudonyms, or none at all. Really and truly, Mckeeva Bush was elected as Premier of the Cayman Islands...key word: Elected! Democratically!! This is why we have elections. If u do not like his governing, then vote him out, but in the meantime, he should be given some damn respect! Seriously - some of the things said about him are utterly disgraceful! He is,indeed, a human being! We are alot luckier than MANY countries in this world...stop the damn back-stabbing and try to get along. If u keep belittling someone, eventually he will grow to despise u. Is this what u are striving for?? Leaders who despise u because u have no damn respect for them??? Maybe if u talk to him, listen to him, tell him how u feel in a decent, respectful, civilized manner, alot more could be accomplished! U all are acting like a bunch of hooligans. Cut it out!! Jeez!!
AMEN!!!!
AMEN!!!!
Unlike you UDP supporters,
Unlike you UDP supporters, most of us are fairly illiterate. Could you please explain to us exactly what is the "damn respect" we refuse to show your beloved premier? We thought that was exactly the kind we WERE showing him.
'Damn', 'damned'...ever hear
'Damn', 'damned'...ever hear of "Figure of Speech"...u know exactly what the writer means. U say u r literate, right?? But do u have COMMON SENSE??
Yes I do. And it is blatantly
Yes I do. And it is blatantly obvious that you don't.
Not a UDP/PPM or any other
Not a UDP/PPM or any other prospective political party supporter. I am a Caymanian/345/lil rock/island in the sun supporter! The bashing has gotten really old and is getting no one nowhere fast!
So would you please kindly
So would you please kindly stop it?
You ga small balls o wa....
You ga small balls o wa.... USE YA REAL NAME! .... and show how much you ga....! 'bout ya Cooya....
I did... now use yours.....
I did... now use yours..... hahahahaha
Believe it or not...that IS
Believe it or not...that IS one of my official, real names.....hahahahaha But I am not bashing anyone....
Cooya...and that's your real
Cooya...and that's your real name? One word of advise my friend...decaf.
Might not be the first or
Might not be the first or even the second, but real name....yes....and no thanks, don't drink coffee or tea!! Now give me a yogurt, pomegranite, blueberry almond shake and you're right up my alley!!! haha
I think he meant Kaiyah,
I think he meant Kaiyah, cause it possible that what he smokin'
Nah....no smoking, no
Nah....no smoking, no drinking.....love my temple toooo much fa dat!!! hahahaha
Now he wants to control free
Now he wants to control free speech and opinions? Is he on any kind of medication???
This is all meant to distract
This is all meant to distract us from the real issues that are going on and we should be demanding answers to the following:
1) Financial Irregularities - Where are we at on the investigation into finacial irregularities in relation to our Premier? Please note RCIP the people will not allow this matter to be swept under the carpet no matter how much you wish for us to simply FORGET this. We DEMAND you do your jobs.
2) Cohen Loan fiasco - How did this all really go down? Why is our Premier on private jets that is owned by entities owned by the Owner of the Cohen? Was this paid for out of the Premier's pocket? Was this a gift? if so, was it declared? Justified?
3) Cruise Ship Berthing - How did CHEC make it to the top of the pile? What offer did they make to CIG that made their deal more attractive than the others presented?
Come on people we need to keep the pressure on the core issues and feel free to add to this.
Like there is nothing better
There is only one person to
There is only one person to blame for the damage to his character and reputation and that is mckeeva himself.
He shows all the charactaristics of a dictator and lucky for us he can't always get his way.
I say GET RID of all 15
I say GET RID of all 15 members in the LA now and VOTE IN FRESH NEW members in 2013. This Government and the last have been a miserable failure. We need freedom from the UDP and the PPM!!!!!
Is anyone else not a little
Is anyone else not a little disgusted with the other news outlets on island that haven't even mentioned this attack on the press, not deflecting the outrage of the direct attacker but where's the support guys, not even worthy of an editorial? Can you possibly grow a pair and at least pretend to be a 'free press'?
Political control of the
Political control of the government advertising budget gives control of elements within the press.
A strategic lawsuit against
A strategic lawsuit against public participation (SLAPP) is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. This is what is says on Wikipedia
http://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation
I don't agree with the
I don't agree with the Premier's law suit, but for those people commenting how good CNS is, they need to get use to the fact that every news organization, is somehow a bias one and purporting a political persuasion - whether openly or appearing to be neutral.
CNS is no different. That is why Caymanians, we need to wise up, and not take everything from the radio, newspaper, or internet site as gospel truth.I have found it very relaxing and peace of mind in taking breaks from reading or hearing anything that has to do with politics.
It is about the money, politics, power, and who side you are on, dividing the country.
CNS is one of the best things
CNS is one of the best things to ever happen to Cayman and McKeeva Bush's political career is one of the worst things to ever happen to Cayman.
Perhaps it was inevitable, then, that these two entities would collide. I don't want to over dramatize it, but it does sort of seem like a classic clash between light and darkness, doesn't it?
One one side there is a small, relalitively powerless, forward loooking news website offering Caymanians truth and real news. On the other side is the large, powerful, backward looking politician who offers Caymanians XXXX and XXXXXX.
Rarely are battle lines so deep and distinct as this.
The question is, Caymanians, which side are you going to choose?
I Choose CNS
I Choose CNS 100%, over that Powerful, Backward looking, loud mouth politician any day.
I agree with 'Yo Mama'
I agree with 'Yo Mama' comments. The first sentence says it all.
Dear CNS, Keep up the good work and don't be distracted by anyone who would want to take away from the excellent contribution you are making to keep us better informed. We owe a debt of gratitude to you.
We chose the light side a
We chose the light side a long time ago. This is why we fought so hard to try and not have McKeeva as our first premier. Our beautiful country and everything it used to stand for is well worth fighting for. Keep it up CNS, we stand with you all the way.
I have been off island until
I'm in on a legal fund to
I'm in on a legal fund to defend CNS's right to print the news as they see fit and people's comments. Let us know how and when Nicky and Wendy.
Further:
The Premier has spent 90% of his time in office ranting and abusing critics. Not a one of his economic plans )or should we say halluncinations) has born fruit. Except for the deal with Dart. Which we still do not have the full story on.
His hypocritical stance about allowing himself and other MLAs to collect both pension and salary while "commenting on the suffering" of average individuals is just one example of the arrogance people have been subjected to. I believe he knows full well his political career is at an end. But that's not what this is about. It is about freedom of expression, freedom of the press and the ability for a population to make open comment on the workings or non workings of their government.
No matter who they work for or their politcal affiliations.
It is frigthening enough for expats on work permits to comment on things that will directly affect them, their families, and livlihoods but even more so for people who have chosen to work for government.
Everyone on Cayman has a stake in it's future regardless of the backward thinking of it's premier.
It is time to put a stop to the divide and conquer attitude of this premier.
This is a point where we can let that be known.
To "Off Island" Get an
To "Off Island" Get an account # posted and see how much will be raised by public gift.
Thanks.
This law suite is a big
This law suite is a big bluff, lots of hot air flatulance, it's not going anywhere. Put your thinking caps on, can you just imagine the fall out? Really when one thinks this through the politicians have the most to loose. It doesn't matter how one cuts it, there will be no law suite.
No, people are NOT sick and
No, people are NOT sick and tired of all this nonsense, because if they were, they would organise a People Initiated Referendum and vote McKeeva out, Anonymous 10/12/2011 - 13:21!
It seems that there are only a few hundred complainers against McKeeva (and that is being very generous), and all this garbage that hits the international press on a daily basis is what is making CAYMAN and CAYMANIAN PEOPLE look bad because all you do is sit around and pick and pick and pick at everything McKeeva does WITHOUT DEMANDING ACCOUNTABILITY OR REMOVING HIM FROM OFFICE! YOU THINK ANY OTHER SELF-RESPECTING COUNTRY WOULD ALLOW THIS INSANITY TO GO ON EVERY DAY???
It's like a woman who is constantly getting beaten by her man EVERY DAY and she just stays there and takes it and takes it. People start getting disgusted WITH HER, not the man because they've already lost all respect for him, but they get to the point where they don't want nothing to do with her, because they keep telling her what she can LEGALLY do to leave him but she just keeps on crying to them every day she turns up with swollen lips, or a bloody face, or black eyes...it's not going to turn out good for either one of them. CAYMAN, WHAT ARE YOU WAITING FOR?
We KNOW McKeeva is NOT going to stop, so if you refuse to remove him from office, it's like continually striking a match around gasoline...none of us survive in the end!
I didn't give you a thumbs up
I didn't give you a thumbs up because although I agree with the rest of your post I think you chose the wrong scenario regarding domestic abuse to compare this to.
VICTIMS (and that is what we
VICTIMS (and that is what we are) ARE ALL THE SAME no matter what scenario you create! So I disagree with you in attempting to split hairs.
In my example, it's like the woman (the Cayman people)
-is being bullied by the man (the Premier)
-by the continual beatings (absurd policy ideas and overturning committee recommendations by making arbitrary decisions that disregard the benefit of Caymanians in favour of less than 10 foreign/local investors that end up costing tens of thousands of US CAYMANIANS loads and loads of wasted money and using Treasury like it was his personal piggy bank)
-which her friends and family notice (the international press and the world)
-and encourages her on her legal rights to press charges against this bully man and to leave him (the People Initiated Referendum to remove him from office, similar to when Justice Priya Levers was removed from being a judge for misconduct, so it CAN happen; and like the impeachment trial of President Bill Clinton and we should defend the Americans right to challenge a sitting President without fear of personal attack, intimidation or reprisal; that's true democracy)
-which she refuses to do (CNS bloggers just whine, complain, organise no protest or referendum nor offer up any alternate solutions to hold elected leaders accountable to US VOTERS)
-and she just remains in this turbulent relationship (McKeeva and the Speaker are allowed to do whatever they want without the Opposition or Independent Members seeking intervention from WHOMEVER OR WHEREVER to show that they are accountable to THE PEOPLE OF THE CAYMAN ISLANDS)
-that risks her life (to salvage our worldwide reputation and turn our economy around)!
This is why to the outside world, Caymanians are thought of as stupid and it is difficult to sympathise with Caymanians who are subjected to this daily abuse and disregard while POSSESSING THE KNOWLEDGE OF THE SOLUTION TO GET OUT, yet do nothing about it and continue to endure it!
WHO IS MORE INSANE, a politician doing it or the people letting him do it and get away with it?
Or another scenario, who is more at fault, the insulent child (McKeeva) pushing the boundary to see what he can get away with, OR THE PARENTS (THE VOTERS) WHOSE JOB IT IS TO KNOW BETTER, SET THE TONE AND TEACH THIS WAYWARD CHILD THAT THIS BEHAVIOUR WILL NOT BE TOLERATED?
THAT is the biggest injustice BECAUSE WE HAVE THE POWER TO EFFECT CHANGE AND REPLACE HIM WITH SOUND LEADERSHIP, if not from other career politicians, then from other concerned businessmen who hold the people at heart!
So, I can see how you would be offended at comparing victims, no matter what the scenerio is, if you are the condeding woman, or the bully man, or the insulent child, or the wayward parent or the DISSIDENT ELECTOR! THEN, THE TRUTH AND CONSTRUCTIVE CRITICISM BECOMES VERY HARD TO BEAR, ESPECIALLY IF YOU ARE CONTRIBUTING TO THE PROBLEM BY REFUSING TO FIX IT!
LOOK, EVERY SCENARIO OF VICTIMISATION, EXPLOITATION AND ADVANTAGE IS DISGUSTING NO MATTER WHAT TYPE OF VICTIM IT IS! BECOME PART OF THE SOLUTION AND DO SOMETHING ABOUT IT INSTEAD OF SITTING ON THE SIDELINES AND YAMMERING ON ABOUT HOW IT OFFENDS YOUR SENSIBILITIES!
OUR COUNTRY IS AT STAKE HERE!!!!!!!!
UDP = DeMOCKERYcy!!! Cayman
UDP = DeMOCKERYcy!!!
Cayman will return to Democracy in 2013.
He'll be trying to get the
He'll be trying to get the CMA to excommunicate Nicky and Wendy next
Maybe he will ask CMA for an
Maybe he will ask CMA for an Exorcism since they are demons. Hell he may ask for us all to be exorcismed.
I really want to know who
I really want to know who this Bean Counter is....he/she is an unsung hero!
Hope Mickey B goes broke in
Hope Mickey B goes broke in the process.... he need go sit down..... !
Event of the Year: BEAN
Event of the Year: BEAN COUNTER versus BIG MAC. Referee: CHUCKIE CHEESE. Venue: FIRST CAYMAN DALLIANCE BEACH RESORT. Tickets: PRICELESS.
William McKeeva Bush is,
William McKeeva Bush is, without doubt in any conceivable realm of sanity, the worst enemy and the greatest liability which the Cayman Islands has to deal with. It is to the detriment of the Cayman Islands that this individual and those who stand with him, legally represent him and are in any way whatsoever in cahoots with him are even allowed to do what has been done. A historical perspective of the fiascos and their vortexes of swirling excrement which this country has endured should have precluded his being allowed to run for or hold office again in the first place.
It has to be said and repeated that Mr. Bush does not exist in a vacuum and, in my humble opinion, it is upon those who have facilitated this continuous malarky, for whatever reason it may be, where the true blame is to be laid. XXX If it were not for the fact that this country continues to suffer dearly for these goings on then humour could actually be found in Mr. Bush's antics, to say the least. I personally know for a fact that if CNS had printed much of what I have written regarding the travesties of justice at the hands of William McKeeva Bush and company then both himself and his attorney would have long ago succumbed to a complete conniption fit due to the perceived audacity (a symptom of megalomania) of one or more people not being willing to tow the line of the plethora of ill-concieved XXX goings on with the present governmental mal-administration of our country.
In short, Mr. Bush should be thankful that CNS has the proven ability to choose wisely that which it publishes for if the floodgates of true public sentiment were to be opened then it is safe to say that a lawsuit against a journalistic publication would be the very least of said individuals concerns. It is a tricky business and a dangerous time for the Cayman Islands whereupon our worst threat is, for reasons of murky origin, asinine logic and increasingly debilatory consequence that the same said individual was allowed to put his hands back upon the helm of the Cayman Islands when the historical evidence is there, well known and most certainly painfully obvious to all. The Cayman Islands as a people should be bringing a lawsuit requiring a full disclosure order against Mr. Bush and all of his dealings, financial and otherwise.
Dear CNS, Thank you for not
Dear CNS,
Thank you for not posting this on the front page for news (Even though it deserves headlines). I'm so embarassed by Mac's actions that I don't even respond to overseas questions about it anymore. I have friends overseas that follow things in Cayman and our big mouth Mac, this horrible leader, makes us look so backwards that it is shameful. If not for yourself, Big Mac....please shut up to save these islands. I'm not UDP or PPM, just an honest citizen that is tired of self-serving and under-delivering politicians!
Myself and other long term Caymanians are very worried that Mac's crazy behaviour and immature actions will upset mother England so much that we will be forced into independence. If he is re-elected I fear the worse.
Years ago we did not have cronyism or corruption. This was learned by our politicians and their love of travel. Sadly, our politicians saw other banana republics gain from two party politics as a way to keep the people down while promising the world and our respected leaders fell into this attractive trap for power.
XXXX
We need some new blood and I urge our businessmen to band together and turn this country around! The time is now to stop complaining and DO SOMETHING.
Big Mac is going to ruin us all. Get this XXX out of power.
How do we find out who is
How do we find out who is paying for Mac's lawyer bill??
Would this be gleaned from FOI?
This needs to be answered
We need an FOI to see who
We need an FOI to see who paying for Mr Bush's legal expenses
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