Popcaan Files Defamation Lawsuit Over Police Press Release
Dancehall star Popcaan sued the Attorney General of Jamaica on Friday, accusing the island’s Government and the Jamaica Constabulary Force (JCF) of publishing a false and defamatory press release.
The press release, titled ‘JCF Statement on Stop Order Allegations’, was issued on July 6, after Popcaan alleged on July 5, that the Jamaican government had a role in his continued detention at airports each time he enters the UK.
Related: Popcaan’s Lawsuit Could Cost Jamaican Taxpayers “Biggest” Ever Award For Libel, Says Lawyer
In the release, the JCF revealed that the International Criminal Police Organization (Interpol) had issued a 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, and that this may have led to the immigration issues that the Ova Dweet singer faced in the UK.
However, in the lawsuit filed today, Popcaan has contended that he “has never been arrested in Barbados or any other place for possession of cocaine” and that his “conviction in relation to marijuana” was expunged from criminal records in April 2016.
According to the lawsuit, filed in the Supreme Court Of Jamaica, the Criminal Records (Rehabilitation of Offenders) Act of Barbados stipulates that “a rehabilitated person shall, in relation to any expunged conviction, for all purposes in law, be deemed to be a person who has never been charged with, prosecuted for, convicted of or sentenced.”
It added that the Act “makes it an offence, punishable by imprisonment, to disclose that a person whose conviction has been expunged, has committed, been charged with or convicted for an offence which was the subject of an expunged conviction”.
“The JCF nonetheless included [Popcaan’s] expunged conviction in the press release,” it continued.
On the matter of the alleged arrest for cocaine possession, the lawsuit claimed that the “JCF maliciously published the said defamatory words, in that they failed to carry out any or any proper investigations in pursuance of the due administration of justices, or otherwise, before publishing the press release”.
“The said defamatory words were calculated and/or intended to and/or tended to injure and/or degrade and/or malign [Popcaan], exposing him to hatred, contempt and ridicule and therefore tended to lower him in the estimation of right thinking members of society and within his profession.”
Popcaan is seeking general damages, damages for defamation, interest, legal costs, and any further relief that the Court may deem fit.
On Thursday, the deejay’s attorneys Knight, Junior & Samuels had warned that if the JCF did not retract the release and issue an apology, the lawsuit would be filed. The lawsuit revealed that the JCF did not respond to the demand.
However, the JCF has since removed the press release from its official social media pages.
When Popcaan raised the issue on Tuesday, he had called for Prime Minister Andrew Holness’ help in finding a resolution.
On Wednesday, Minister of Foreign Affairs Kamina Johnson Smith tweeted that the Jamaica High Commission in London was asked to look into Popcaan’s situation.
According to Information Minister Robert Nesta Morgan, Holness has since asked National Security Minister Dr. Horace Chang and Commission of Police Major General Antony Anderson to review Popcaan’s situation “with a view to helping facilitate his ease of travel as an entertainer.”