The Supreme Court has dismissed a total claim of more than VT41 million filed by Clarence Ngwele, a Director of Isleno Leasing Company Limited that alleged defamation from the Vanuatu Government.

Ngwele and the second claimant, Isleno Leasing Company Limited based their claim on a 2018 Government appointed Commission of Inquiry (‘COI’) into an aircraft leasing contract between Isleno Leasing Company Limited (‘Isleno’) and Air Vanuatu (Operations) Limited (‘AVOL’).

They alleged that the COI contained defamatory statements about them.

According to the written judgment issued by Justice Viran Trief Firday last week, “They are also alleging that the Minister of Justice’s statements about the COI report were defamatory.

“Finally, they are also alleging that the Defendant owed them a duty of care to ensure the accuracy of the COI findings, and that they have suffered damage as a result of the COI breaching that duty by failing to conduct a thorough and impartial investigation.”

Reliefs sought includes orders for VT25,000,000 general damages for defamation, VT71,516,500 special damages, VT15,000,000 aggravated and punitive damages, costs and any other orders that the Court deems just.

Several issues were identified and dealt with by the court.

On whether or not the claimants have a claim in defamation against the State in respect to the Minister of Justice’s statements, Justice Trief stated that the “State did not publish the Minister’s statements therefore no action in defamation lies against the State”.

The court noted that the statement was published by the Vanuatu Daily Post.

Another important issue was whether or not the COI report contained false and defamatory statements in respect of the Claimants.

Justice Treif ruled that actual statements from the COI report which are alleged to be defamatory were set out in the Claim.

She further stated that is no evidence that the COI members knew that their findings in the COI report were false or that they made the statements in the COI report recklessly, not caring whether the statements were true or false.

The claim was dismissed and the claimants are order to pay the defendant’s cost.