Vice President Dr. Bharrat Jagdeo has filed an appeal challenging the decision of High Court Judge Fidela Corbin, who awarded judgment in favour of businessman Charles Ceres in the sum of $15 million, together with costs of $2.15 million, in a libel case arising from statements made by Jagdeo in 2019 while he was Leader of the Opposition.
The lawsuit stemmed from comments made by Jagdeo at a press conference in 2019, where he raised concerns about the allocation of State lands under the former APNU+AFC Government. Jagdeo had pointed to Ceres as one of the persons who had received or benefited from several parcels of State land while his wife at the time, Ndibi Schwiers, held a senior position connected to the Ministry of the Presidency.
According to the Notice of Appeal, filed through Attorney-at-Law Pratesh Satram, Jagdeo is asking the Court of Appeal to set aside Justice Corbin’s ruling. The appeal outlines 31 grounds, including arguments that the trial judge failed to properly consider undisputed evidence relating to Ceres’ receipt or benefit from multiple parcels of State land, including lands at Liliendaal, Canje, and near the mouth of the Berbice River.
The appeal contends that the judge did not give sufficient weight to the wider public context in which Jagdeo’s statements were made. It argues that the statements were not isolated personal attacks, but comments on a matter of national importance involving the distribution of public property to connected individuals in circumstances alleged to be irregular, non-transparent, and contrary to the public interest.
Jagdeo’s appeal further argues that Ceres’ relationship with Schwiers, who was attached to the Ministry of the Presidency at the time, gave rise to a legitimate public concern about the appearance of nepotism, favouritism, or corruption. The appeal also points to evidence that Ceres, under cross-examination, admitted transferring a portion of the Liliendaal lands to Schwiers, which Jagdeo argues supported the substance of his original statements.
The Notice of Appeal also challenges the judge’s treatment of lands allocated directly to Ceres as distinct from lands allocated to companies in which he held an interest. Jagdeo argues that such a distinction was artificial and did not properly address the substance of the concern being raised, namely that valuable State lands were being allocated to persons with links to the former administration.
The appeal also disputes the finding that no lands were allocated after the 2018 No-Confidence Motion. It argues that allocations connected to Ceres were still pending at the time of Jagdeo’s press conference, including lands near the mouth of the Berbice River, and that the trial judge failed to properly consider documentary evidence on the issue.
In seeking to overturn the judgment, Jagdeo is relying on several legal defences, including truth or justification, fair comment, and qualified privilege. The appeal argues that the statements were substantially true in their material respects, and that Jagdeo, as then Leader of the Opposition, was entitled to speak publicly on the allocation of public lands, especially where such allocations involved politically connected individuals or persons linked to State agencies.
The appeal also states that the effect of the ruling, if allowed to stand, would be to silence legitimate public criticism by elected officials on the allocation of public property. It argues that the decision restricts public figures’ ability to comment on matters of national concern and undermines public accountability regarding State assets.
The Ceres matter forms part of a broader controversy over the transfer and allocation of State lands in the final months of the APNU+AFC administration.
In making his revelation, Jagdeo drew a nexus between the beneficiaries of the strategic land grab and the then David Granger-led APNU+AFC administration. He identified Marlon Bristol, then Head of the Project Management Unit at the Ministry of the Presidency; Eric Phillips of the State Assets Recovery Agency; Charles Ceres, whose wife at the time was the then Director of Environment at the Ministry of the Presidency; and Christopher Jones, then Director of Sport, who was leased a portion of land at Aubrey Barker Road. He also revealed that Saratu Phillips, the business partner of a person linked to Minister of State Joseph Harmon, was also awarded lands through his companies, Great Wall Mining Inc. and Venture Capital Inc.
It was one instance of dubious land transaction undertaken by the coalition administration, even though it was defeated by the successful passage of the no-confidence motion.
A few months before the March 2, 2020, General and Regional Elections, then Finance Minister Winston Jordan signed orders transferring 18 plots of State lands belonging to NICIL to several coalition officials, their relatives, associates, and other connected persons.
The beneficiaries included Jordan’s next-door neighbour, Sophia Collier, who received two plots; Amanza Walton-Desir and two of her relatives, who received a plot each; Valerie Patterson-Yearwood; and one of the granddaughters of PNC Founder Leader Forbes Burnham.
Jagdeo’s appeal maintains that his comments must be understood against this background of public concern over the disposal of State lands. He is asking the Court of Appeal to reverse or set aside Justice Corbin’s decision and to uphold his right, as a public official and political leader, to comment on the management and allocation of national assets.