Tikoca to Pay A-G $80,000 in Defamation Case
Former SODELPA Member of Parliament, Ratu Isoa Delamisi Tikoca has been ordered to pay $80,000 to the Attorney-General Aiyaz Sayed-Khaiyum. Tikoca was sued by Mr Sayed-Khaiyum for making comments during an interview with a Sydney community radio station in late January or mid-February and the same interview was posted on a Facebook page named “Fiji Exposed Forum”.
Counsels for Mr Sayed-Khaiyum, Devanesh Sharma and Gul Fatima from R Patel Lawyers, filed a writ of summons coupled with a statement of claim against Tikoca and sought for the following reliefs:
■ Damages for libel and slander;
■ Punitive, exemplary and aggravated damages;
■ An order that Tikoca within seven days render in writing a public retraction and apology in both iTaukei and English languages in prominent print to Mr Sayed-Khaiyum to be published in a daily newspaper circulating in Fiji;
■ Pre-judgment and post-judgment on any award of damages;
■ Costs of this action on a substantial-indemnity basis plus taxes; and
■ Such further and other relief as this court may deem just.
Justice Vishwa Datt Sharma said the words complained of were uttered with a deliberate and calculated view to tarnish the reputation of Mr Sayed-Khaiyum and that there was no opportunity to vindicate Mr SayedKhaiyum’s reputation and the damage was forever. He said the amount awarded was sufficient both in terms of compensatory and punitive damages and costs.
Orders of the Court:
■ Tikoca was ordered to pay Mr Sayed-Khaiyum a sum of $80,000 as compensatory and punitive damages within a time frame of 30 days from the date of the judgment;
■ Tikoca was ordered to make a public apology in print to Mr Sayed-Khaiyum to be published in Fijian daily news-papers circulating in Fiji within 14 days’ from the date of this judgment, in both English and iTaukei languages;
■ Mr Sayed-Khaiyum is entitled to six per cent interest on the sum of compensatory and punitive damages awarded from March 21, 2019, to the date of this judgement;
■ Tikoca was ordered to pay Mr Sayed-Khaiyum a sum of $5000 as summarily assessed costs of this action within 30 days’ time frame from the date of this judgment.