Local talk show host and political activist Christopher Hunte is facing the repercussions of an earlier court ruling that deemed him liable for defamatory statements made against former Castries Mayor Peterson Francis.
On November 5, the Eastern Caribbean Supreme Court’s Court of Appeal dismissed Hunte’s appeal, upholding a defamation award of EC$35,000 in favor of Francis. The appeal judges concluded that Hunte’s on-air questions bolstered a caller’s allegations and determined that the severity of the claims, the context of the broadcast, and Francis’s public stature suggested significant reputational damage.
The controversy stemmed from the February 2, 2018 edition of Hunte’s program Politically Incorrect, which aired on Choice News Now, Channel 39.
During the show, Hunte featured a recording in which a caller accused Francis of dishonesty, corruption, and the misuse of public funds, alleging that he had exploited his public office for personal gain. At that time, Francis was serving as Mayor of Castries and had been previously endorsed by the United Workers Party (UWP) as their candidate for Castries Central before withdrawing ahead of the 2016 general election.
The High Court labeled the allegations as serious, and the appeal judges concurred, stating that if the claims were accepted, they would undermine public confidence in Francis’s suitability for office. Hunte contested the appeal’s findings, arguing that the broadcast’s reach on Channel 39 did not adequately demonstrate how many people had actually seen or heard the allegations.
However, the judges clarified that courts can infer serious harm based on the seriousness of the allegations, the circumstances of their broadcast, and the claimant’s public profile. They noted that even statements communicated to a single person could substantially damage one’s reputation.
Furthermore, the Court of Appeal affirmed that Hunte reiterated and reinforced the caller’s claims by following the recording with his own probing questions. A High Court judge concluded that Hunte “did not act as a responsible journalist,” noting that his inquiries lent further credibility to the accusations.
Hunte also claimed that the High Court had ignored an apology he allegedly broadcasted during the program. However, the appeal judges found that this apology had not been formally entered into evidence, freeing the High Court from considering it.
In conclusion, the court upheld the EC$35,000 award in general damages, along with EC$6,760.27 in pre-judgment interest, post-judgment interest at six percent per year, and the legal costs initially awarded by the High Court.
Francis was also granted his appellate costs, which will be assessed by a High Court judge or master if the parties cannot reach an agreement within 30 days.