Harper, Leslie v Edward Seaga

Case Number: 
C. L. HI38/1996
Date of Delivery: 
11.12.2003

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA 
IN COMMON LAW 
SUIT NO C. L. HI3811996
BETWEEN LESLIE HARPER CLAIMANT
A N D EDWARD SEAGA DEFENDANT
Lord Anthony Gifford, Q.C. and Stacey Kong-Quee for Claimant
instructed by Gifford Thompson & Bright.
c' Emil George, Q.C. & Tricia McNeil for Defendant instructed by Dunn Cox
for Defendant.
CORAM: BROOKS, J.
HEARD 28THO CTOBER AND llTHD ECEMBER, 2003
Defamation cases require courts to balance competing interests in an
attempt to achieve justice. Those competing interests are, on the one hand
the individual's right to have his, presumed good, reputation not tarnished by
I c others, and on the other hand the constitutionally protected right of the
individual to freedom of expression.
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I
I There are some, cases in which the person asserting his right of
I freedom of expression does not allege that what he has said about another is
I 1 -
actually true but that:
(a) he believed it to be true,
1 (b) he had a duty to communicate its contents to his listeners, and

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