Popcaan’s Lawsuit Could Cost Jamaican Taxpayers “Biggest” Ever Award For Libel, Says Lawyer

If Popcaan is successful in his defamation lawsuit against the Government of Jamaica and the Jamaica Constabulary Force (JCF), the island’s taxpayers might end up paying the largest ever award for damages among cases of its kind.

This is according to the Dancehall star’s lead attorney, Bert Samuels, who was speaking at a press conference after he filed the lawsuit in the Supreme Court of Jamaica on Friday (July 8).

“I would think this may be one of the biggest libel cases that ever been filed in Jamaica,” Samuels told the media.

Added Samuels: “It is the taxpayers, who will have to pay out multi-million dollars in compensation to Popcaan, if we succeed in this claim. And we are confident we will succeed.”

The lawsuit concerns a JCF press release issued on July 6, which sought to set the record straight about Popcaan’s immigration woes in the UK.  The release attributed the woes to an Interpol green notice alerting authorities to Popcaan’s alleged arrest for cocaine possession in 2011, and a conviction for marijuana possession in 2009, both in Barbados. However, Popcaan’s lawyers contend that the deejay has no criminal record in Barbados because the 2009 conviction was expunged and because the alleged 2011 arrest was false and “fictitious.”

The lawsuit claims that the press release was “calculated and/or intended” to injure, degrade, and/or malign Popcaan, by “exposing him to hatred, contempt, and ridicule.”

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

So, how much will Popcaan get if he wins?

When asked for the dollar figure that he expected from the court, Samuels said that’s for the judge to determine. “When you’re suing for general damages or damages, you don’t put a dollar figure. He [the Judge] will look at former cases,” he explained.

However, Samuels said he believes the award may set records primarily because of Popcaan’s occupation, and because the JCF allegedly broke the law in Barbados when it disclosed the singer’s expunged conviction for marijuana possession in that country.

“The libel is a criminal conduct, and Popcaan has, on my check, over 2.7 million followers on Instagram. So his base is huge and therefore when we’re talking about damage, we’re talking about the four corners of the Earth,” Samuels explained.

Samuels also said that a claim for the breach of Popcaan’s constitutional right to privacy will be added to the lawsuit next week, which will further add to any damages awarded, if successful.

He lamented that the situation may have troubled Popcaan’s career “in a serious way.”  “I mean parents may not want their children to go watch Popcaan, who is [allegedly] a cocaine user,” the attorney continued.

JCF hasn’t taken back their chat.

Samuels said even though his law firm had given the JCF up to 12 PM on Thursday, to apologize and retract the press release, they had not done so.

He said that their failure to apologize could also add to the award for damages, if the Court rules in Popcaan’s favor.  “I must tell you that, in law, a failure to apologize, increases the damages and it makes the damage more egregious,” he said.

“The ganja conviction should not have spoken to. He was on the beach in Barbados smoking a spliff. That’s the conviction, and he paid a fine. And the JCF is putting out this conviction when it is not an offence in Jamaica,” Samuels stressed.

Bianca Samuels, who is part of Popcaan’s legal team, added “The damage has already been done. And so, even if there is a response from the JCF, with an apology, with a retraction, it will only reduce the amount of damages, compensation, monies to be paid to Popcaan. The effect will not be that he’s to receive nothing; the damage has already been done.”

Bert Samuels said Popcaan has been the subject of slander on social media since the JCF press release, including references to the Weed Is My Best Friend singer as being a “cokehead”.

“We are saving all these comments. They are being placed in our files, to read to the judge at the trial, to show the damage done to Popcaan – the son of St. Thomas [who] has done so much for the parish,” Samuels noted.