FOUR people accused of defamation after claiming on Facebook Messenger that two people were practising witchcraft and possessed by evil spirits have failed in their bid to strike out the case.
Ana Masikete Fine Mateaki and Jone Lomani Domoni allege the comments on the Messenger app by the four people caused them serious emotional distress and harm. They sought a public apology from the defendants — Josese Turagava, Viliame Loukeu, Ateca Ma’ata, and Tikiko Korocawiri — along with general and punitive damages and recovery of legal costs.
The four argued that the lawsuit should be dismissed because the plaintiffs had not properly shown the element of “publication,” which is essential in a defamation claim. They said the messages were private, shared only among relatives in an invitation-only Messenger group.
But acting Master of the High Court Liyanage Kashyapa Wickramasekara has ruled that their arguments lacked merit. He found the plaintiffs had shown a reasonable cause of action and that the case raised issues that should go to a full trial.
“I further find that this application by the defendants to strike out the plaintiffs’ writ of summons and the statement of claim has no merit at all and is frivolous and an abuse of the court’s process,” Acting Master Wickramasekara said in his September 11 ruling in Suva.
He concluded that the defendants had not met the legal threshold required to strike out a claim under Order 18 Rule 18(1) of the High Court Rules 1988.
They were ordered to pay $2500 in costs to the plaintiffs within 21 days.
