Popcaan files defamation suit against the government

Popular dancehall entertainer Popcaan, whose real name is Andrae Sutherland, this morning filed a defamation suit against the  Government arising from a statement issued by the Jamaica Constabulary Force (JCF) in relation to alleged false remarks made against him.

The Attorney General is named as the defendant and the suit was filed by senior attorney-at-law Bert Samuels of the law firm Knight, Junior & Samuels.

The JCF had issued information in a media release on Wednesday regarding the entertainer and alleged legal issues in Barbados.

The statement was issued to explain the entertainer's recent long wait for processing by immigration in the United Kingdom on Tuesday.

The law firm, which is representing the entertainer, had issued a statement saying that the information from the JCF was not true.

The firm had warned that if the JCF did not issue an apology by noon on Thursday, a lawsuit would be filed.

Samuels said no response was received from the JCF and so the suit was filed.

Samuels said that the only charge against Popcaan was for possession of marijuana in 2009, namely smoking a spliff, and that had been expunged from his criminal records in Barbados.

The suit is asserting that the JCF press release made false and malicious statements without cause, resulting in the entertainer suffering loss, damage and injury to him.

Popcaan is claiming general damages, damages for defamation, interest, legal costs and any further relief that the court may deem fit.

Samuels has certified the document filed on the instructions of his client who is currently outside of the jurisdiction.

Popcaan has stated in the particulars of the claim that the press release by the JCF was false and malicious.

He states he has never been arrested in Barbados or any other place for possession of a controlled substance.

He states that his conviction in relation to marijuana was wholly expunged in Barbados on April 21, 2016.

The lawsuit notes that Section 17 of the Criminal Records (Rehabilitation of Offenders) Act of Barbados stipulates that “A rehabilitated person shall, in relation to any expunged conviction, for all purposes in law, be deemed to be a person who has never been charged with, prosecuted for, convicted of or sentenced.

It was further notes that Section 22 of the Act makes it an offence, punishable by imprisonment, to disclose that a person whose conviction has been expunged, has committed, been charged with or convicted for an offence which was the subject of an expunged conviction.

The JCF is being accused of acting maliciously and that it failed to carry out any or any proper investigations in pursuance of the due administration of justice, or otherwise, before publishing the press release.

The entertainer is contending that the words used by the JCF meant or were understood to mean and conveyed to the public and ordinary, intelligent and unbiased persons with the ordinary person's general knowledge and experience of worldly affairs that he was allegedly involved in criminal activity.

Popcaan further states that the statement meant that he was considered a threat to public safety.

On the issue of malice, Popcaan is asserting that the JCF deliberately published the press release to justify his inability to enter foreign states unhindered.

- Barbara Gayle

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