A licensed real estate agent, Reginald Jokhan has been ordered by the Suva High Court to pay $50,000 to licensed real estate agent, Anand Krishna Goundar for a defamatory facebook post.
The claim arises from statements published by Jokhan on a facebook page titled "Land for Sale Fiji" on the 2nd of October, 2019 and in an email sent to the Fiji Real Estate Association (FREA) and the Real Estate Agents Licensing Board (REALB) on the 29th of November, 2019.
Goundar highlighted that the publications are defamatory, lowering his reputation in the eyes of reasonable persons by portraying him as dishonest, fraudulent, unlicensed, greedy, and a criminal.
He sought general damages, aggravated damages, and exemplary damages.
The defendant, Jokhan admits publication on the facebook post and also the email but relies on the defence of fair comment, justification and qualified privilege.
He denies malice and submits that the statements were honest opinions based on facts, made in the public interest or on privileged occasions.
During the trial, Goundar tendered exhibits including qualifications, licenses, the facebook post screenshots, property transfer documents, and correspondence while Jokhan tendered evidence including prior listings of the properties at lower prices, a media article on the Plaintiff's parliamentary submission, and an alleged internet-sourced document alleging criminal convictions against the Plaintiff in the USA.
Both parties gave oral evidence and were cross-examined.
High Court Judge, Justice Deepthi Amaratunga says the publication is not in dispute, as confirmed in the Pre-Trial Conference and by the Goundar's counsel.
The facebook post was accessible to at least 4,726 members of the group at the time (now over 11,000), primarily potential buyers and real estate agents and the email was sent to the FREA Secretary and REALB officers but was expected to circulate among members.
