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McNeil v Solomon Star Ltd [2023] SBHC 41; HCSI-CC 28 of 2022 (9 June 2023)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 28 of 2022

BETWEEN

ALAN MCNEIL
Claimant

AND:

SOLOMON STAR LIMITED
First Defendant

AND:

ALFRED SASAKO
Second Defendant

Date of Hearing: 5 December 2022
Date of Judgment: 9 June 2023

Mr Radclyffe A for the Claimant
Mr Firigeni R for the Defendant

Judgment

KOUHOTA PJ

The claimant on 17^th February 2022 filed a category (C) against the First and Second defendants for articles published in the Solomon Star Newspaper, which the claimant says, were defamatory and damaged his reputation. The claimant is claiming damages for libel including aggravated damages as set out at pages 1 to 5 of the trial book.

The defendant in his defence filed on 25^th March 2022 denied the claim and pleaded that;

For the article published dated 9^th January 2022 the defendant pleaded the defence of fair comment.

For the article published dated 13^th January 2022 and 16^th January 2022 the Defendant pleaded the words complained of were true. In other words the defendant relied on the defence of justification.

The statements, which the claimant claimed are defamatory are set out at pages I to 5 of the trial Book. For purposes of assessing whether the statements are defamatory and amounts to libel it is desirable to set out the statements in full. Among the words complained of as defamatory was that on 9^th January 2022, the defendant published an article with a photograph of the claimant with the headline 'Is McNeil on the way out" Commissioner of lands could be removed for working against

DCGA" The article inter-alia contained the following statements;

“Un-confirm reports suggest that Alan McNeil —the Commissioner of Lands who four years ago took over the post in an acting role in controversial circumstances- could be on his way out.

However, the departure of the Australian national is subject to a final say by the Prime Minister Manasseh Sogavare, according to government source.

Solomon Star has confirmed reports that more land titles have been granted to foreigners, especially Asians, under Mr McNeil's admiration. There is no evidence to prove the allegation.

However, Solomon Star understands that many in DCGA government are concern because the move in granting more lands to Asians could be easily seen as aiding the anti-china sentiments in the country.

Some say by doing this, the commissioner is clearly working against the government of the day and its relationship with the peoples ' republic of china (PRC). They are concerned and some even suggest that the man should be giving the marching orders. One source said.

The problem is that Mr McNeil is married to a Choiseul woman and any move to remove the man has to come from the Prime Minister himself, the source said.

McNeil is the husband of Pauline the Permanent Secretary of the Ministry of Health and Medical Services,

Solomon Star understands that an internal investigation is underway to determine any evidence or otherwise of malpractices in land dealings under Mr McNeil’s administration.

McNeil responded to our request for comments saying: I am on leave until 7^th January then quarantine until at least 17^th January 2022. In my absence, Nelly Kalisango Abiete'e is the Acting Commissioner of Lands and can be contacted at Nabaieteb '[email protected].

However, the set of questions prepared for Mr McNeil bounced mice when we attempted to send it to Ms Abaiete ‘e’s email address provided by Mr McNeil.

In November early December last year, Solomon Star was tipped off about attempts to stop Mr McNeil from going on leave.

The anonymous caller said in the evening telephone call there were serious cases involving land dealings that caller said McNeil must answer.

How can we stop him from leaving the country the caller asked?

Despite the attempt to stop the man from leaving, Mr McNeil is understood to have departed for Australia the next day.

Another article by Mt' Sasako was published by the Solomon Star on 13^th January 2022, under the heading "Janus probe "Lands Commissioner under investigation over ' Noro ' land. The article goes on to state "Despite denying a report that he could on the way out. Solomon Star has now confirm that the Commissioner of Lands, Alan McNeil is standing on thin ground.

Solomon Stars stands by its report published last Sunday that an internal investigation is under way and that Mr McNeil could be on the way out.

Insiders told Solomon Star yesterday Mr McNeil who is furlough leave in Australia was reported to the Police last year.

Among other things, this was in connection with an agreement that the Commissioner had allegedly enter into with a firm called Pari development company which is developing a large tract of land in Noro, Western Province.

Yes, Pari reported that the Commissioner of Lands (COL) to Janus last year. The Commissioner even made false declaration in Court. His case is with the Police insiders told Solomon Star

He [Commissioner of Lands] even resumed land and gave to another person which is wrong in law. He can only resumed Land for a public purpose.

Insiders said the commissioner of Lands is undermining the Land Board. He tries to run the show in many instances when he clearly has no power, only the land Board does. His case is with the Police.

According to insiders the Commissioner of Lands should be arrested last year but this was delayed.

Mr Sasako in his defence says the words in paragraph 5.1 to 5.7 in the Court book while capable of being defamatory are fair comments, He also says the words complained of in paragraph 7.1 to 7.6 and thereafter are not defamatory for reasons it is justifiable and fair comments.

The words referred to in paragraphs 5.1 to 5.6 of the Court book were the words in Mr Sasako's article published on 9^{th January} 2022 while the words referred to in paragraphs 7.1 to 7.6 were contained in his article of 13^th January 2022.

At the trial, the Court ruled that the sworn statement of the Second defendant, Mr Sasako could not be relied on as it was filed late. The second defendant Mr Sasako also failed to turn up in Court so he was not cross-examined on his sworn filed on the 11^th of November 2022. This leaves only the evidence of Donald Bato in support of the defendants. Mr Bato said in his oral evidence in Court that he had an ongoing dispute with the claimant in relation to his dealing with land belonging to Pari Development Company at Noro, Western Province.

Mr Bato in his evidence stated that he had made complaint to the Police, to the Public Service Commission and the Chief Justice. It seem all the complaints made by Mr Bato to the various authorities were consider and appropriate response were made to Ml' Bato. It however seem none of his complaint is ever proven to be true. A letter from the Attorney General to the Commissioner of Police sated that Mr Bato's complaint was scandalous vexatious and without legal basis. Despite that Mr Sasako used the Mr Bato's complaint as a basis for his articles.

Mr Bato admitted in cross-examination that he had given information about his ongoing dispute with the claimant to Mr Sasako. It is therefore clear that Mr Sasako was getting his information to write his articles about the claimant from Mr Bato.

However, the difficulty now face by Mr Sasako is there is no evidence that the information he was getting from Mr Bato are true. Based on the disputes Mr Bato confirmed he had with the claimant, it is highly likely that he intends to tarnish the claimants reputation and Mr Sasako falls for Mr Bato's bait and published his articles based on what Mr Bato was telling him without taking care to investigate whether what Mr Bato was telling were true.

I had considered the defendants' defence of fair comments and reasonable justification but was of the view that the defences can only be successful if the defendant can show that the statement are true and reasonably justifiable in a democratic society. The defendants failed to do this.

I have read the articles found that they are clearly defamatory. The content of his article imputes that the claimant had committed misconduct in his work and committed a criminal offences, there was no evidence that Janus or the Police had charged Mr McNeil which show there is no truth in what Mr Sasako published about the claimant. I therefore find both the First and Second Defendants liable for libel.

The Court had received from counsel for the parties submissions on the question of damages so I will now deal with the issues of damages,

The claimant is a senior public officer holding the post of Commissioner of Lands. This an important position which deals with all registered lands in the country. Allegations published that a person has committed a criminal offence or misconduct in public office are serious things to say about another person especially a person who is a public officer. There is no truth in what Sasako wrote in his article. The articles were on three separate occasions published three days in between.

Counsel for the claimant wrote to the defendants to retract the article and issue an apology but defendant did not do this. I consider this an aggravating feature of the matter and clearly show that Mr Sasako wrote the articles with a clear aim at tarnishing the reputation and integrity of Mr McNeil.

Having considered the circumstances of this case and the nature of the article and harm caused to

Mr McNeil's reputation and integrity, I award damages for the claimant as follows;

For libel the Court ordered that, the First and Second defendants jointly pay to the claimant damages of $50,000 and for aggravated damages both defendants jointly to pay damages of $20,000 to the claimant. Cost awarded to the claimant to be taxed if not agreed.

ORDERS

1. Both defendant to damages for libel $50,000 to the claimant.
2. Both Defendants to aggravated damages of $20,000 to the claimant,
3. Cost awarded to the claimant to be taxed if not agreed.

The Court
Emmanuel Kouhota
Puisne Judge