A dispute between two residents in the upper Middle Class area of Westerhall Heights in St David’s has ended up before high court judge Raulston Glasgow.
The two are Geoffrey Telesford and Sholto Agard who are neighbours and the former took the later to court on allegations of slander and seeking an injunction against him.
In the case dating back to 2017, Telesford claimed that Agard made certain defamatory statements about him to third parties which he felt caused him “considerable hurt, distress and embarrassment, exposing him to ridicule and contempt by members of his neighbourhood and the public.”
Telesford approached the court to seek “damages (including aggravated damages) for slander, an injunction restraining Mr. Agard from further publishing the same or similar slander, interest and costs.”
In response, Agard denied that he uttered any slanderous words concerning the complainant and put forward the argument that “the words allegedly uttered do not bear any of the defamatory meanings as claimed by Mr. Telesford.”
Attorney-at-law Nazim Burke, a former Minister of Finance in the 2008-13 Congress government appeared for Agard while his female counterpart Sheriba Lewis represented Telesford in the case.
The following ruling was handed down by Justice Glasgow in the matter:-
JUDGMENT
BACKGROUND
[1] GLASGOW, J.: The claimant (Mr. Telesford) and the defendant (Mr. Agard) are neighbours, who both reside in Westerhall Heights in the parish of Saint David. Mr. Telesford initiated this claim alleging that Mr. Agard made certain defamatory statements about him to third parties,which Mr. Telesford claims caused him considerable hurt, distress and embarrassment, exposing him to ridicule and contempt by members of his neighbourhood and the public. Mr. Telesford seeks damages (including aggravated damages) for slander, an injunction restraining Mr. Agard from further publishing the same or similar slander, interest and costs. In response, Mr. Agard denies that he uttered any slanderous words concerning Mr. Telesford and further asserts that the words allegedly uttered do not bear any of the defamatory meanings as claimed by Mr. Telesford.
Mr. Telesford’s Case
[2] Mr. Telesford alleges that on 24th March, 2017, Mr. Agard made the following defamatory statement to Mr. Telesford’s partner Natalie Bruce at their shared residence:
“Me and my wife were away and just got back and I noticed that the chain to my driveway was cut. I want to have a man-to-man conversation with Mr. Telesford. I have cameras around my house. One of them faces directly to your house. I am not making confusion. I am just saying that the cameras face directly to your house and the chain was cut.”
[3] Mr. Telesford further alleges that in December, 2017, Mr. Agard made another defamatory statement to Tahera Philbert in the Town of St. George:
“You must come by me to have a glass of red wine. I live at Westerhall and there is a neighbour there who is something else. His name is Geffrey Telesford and he cut my chain.”
[4] Mr. Telesford claims that the natural and ordinary meanings or innuendoes of the words quoted in paragraph 2 and 3 above were that he, Mr. Telesford had committed a criminal offence punishable by imprisonment – namely that of damage to property – by the cutting of the chain to Mr. Agard’s driveway. Mr. Telesford further claims that he understood the words to mean that he was a malicious man, a disreputable person and a bad neighbour, who without any proper reason, caused damage to Mr. Agard’s property.
[5] Consequently, Mr. Telesford avers that his reputation has been seriously harmed due to Mr. Agard’s constant repetition of the defamatory statements, and contends that unless Mr. Agard is restrained by the court, Mr. Agard intends to further publish the same or similar slanders. Mr. Telesford denies cutting Mr. Agard’s chain and claims that he ought to receive aggravated damages because:
- a) Mr. Agard failed to make any sufficient enquiries and investigations into the alleged damage to his chain before accusing Mr. Telesford of damaging it;
- b) Mr. Agard compounded the defamation by alleging or imputing that he had irrefutable proof of Mr. Telesford committing the act by way of video recordings, which in the circumstances must be either untrue or conclusively prove Mr. Telesford’s innocence;
- c) Mr. Agard has failed to produce the recordings as proof of the truth of the defamatory statements; and
- d) Mr. Agard has refused to apologize for the defamatory statements, despite requests from Mr. Telesford that he do so.
Mr. Agard’s Case
[6] Mr. Agard denies uttering the statements as alleged by Mr. Telesford in paragraphs 2 and 3 above, and further denies being in Grenada in December, 2017. Mr. Agard however admits that he spoke to Mr. Telesford’s partner, Ms. Bruce. His defence is that Ms. Bruce told him that one of their workmen cut the chain. Mr. Agard indicates that he asked Ms. Bruce why the chain was cut, and she responded that ‘she normally walks up there’. It was on this basis that Mr. Agard claims that he informed Ms. Bruce that the area was private property, and that he wished to speak to Mr. Telesford.
[7] Mr. Agard similarly admits having a conversation with Officer Tahera Philbert in the town of St. George’s, but counters that the conversation took place in April, 2017. He claims that Officer Philbert called out to him, asking why he was in such a hurry, and commenting that he looked worried. Mr. Agard further maintains that Officer Philbert informed him that she was recently in his neighbourhood. Mr. Agard claims that he asked her why she did not come up, as he had lots of fruits and she could have gotten some. Mr. Agard then contends that he told Officer Philbert that one of his neighbour’s workmen cut the chain across the driveway, leading Officer Philbert to enquire about the identity of the neighbours. Mr. Agard claims that he told her about Mr. Telesford, but asks that the claim be dismissed with costs, because he did not utter the defamatory statements as alleged.
TRIAL OF THE MATTER
[8] The claim came on for trial on 23rd May, 2024. Mr. Telesford called 3 witnesses, being himself, his partner Ms. Natalie Bruce and Officer Tahera Philbert. Mr. Agard called 2 witnesses in his defence, being himself and his wife Mrs. Merle Agard.
Geffrey Telesford’s evidence
[9] In his witness statement, Mr. Telesford testifies that he and his wife, Natalie Bruce reside in the Westerhall Heights community for the last 6 years, and that he is an outstanding member of the community. There is an association of residents in the Westerhall Heights community. Mr. Telesford indicates that members of the association attend meetings at the homes of the residents who are members to discuss matters arising in the community. Mr. Telesford further testifies that he is a businessman and owner of Telesford Countertop and Construction Services, which he has operated for 13 years. He asserts that he is well known throughout Grenada for his services and has upheld a good reputation in his business and his personal life.
[10] Mr. Telesford deposes that Mr. Agard lives a short distance from his home. Sometime in March 2017, whilst he was going on his early morning walk, Mr. Telesford claims that he noticed a chain lying on the ground at the entrance of the public road leading to Mr. Agard’s property. Mr. Telesford indicates that he knew that Mr. Agard had placed the chain there, but he thought that maybe Mr. Agard had left the chain lying down, so he continued on his walk. Sometime shortly thereafter, Mr. Telesford indicates that his wife informed him that Mr. Agard had spoken to her and informed her that he wanted to have a “man to man” talk with him about the chain.
[11] Mr. Telesford recalls that one day after this conversation with his wife, he observed Mr. Agard passing by, and he heard his wife informing Mr. Agard that he was home and that they could speak. He claims that Mr. Agard replied that he would buy back the chain and ‘let sleeping dogs lie.’ Mr. Telesford indicates that he did not say anything to Mr. Agard, as Mr. Agard had never approached him about the chain.
[12] Shortly thereafter, Mr. Telesford testifies that he came to learn that Mr. Agard had been telling persons that he had cut his chain. He was shocked to learn this, as he had not cut the chain and Mr. Agard had not spoken to him about it. Mr. Telesford further recalls that he was informed by Officer Tahera Philbert, a police officer with the Royal Grenada Police Force, that sometime in the month of December 2017, Mr. Agard informed her that he had a neighbour there who was something else. Mr. Telesford further claims that Officer Philbert told him that Mr. Agard told her that it was Geffrey Telesford and that Geffrey Telesford had cut his chain.
[13] Mr. Telesford observes that since the month of March 2017, Mr. Agard has ceased speaking to him when he passes by, and only addresses his wife. Further, Mr. Telesford alleges that he is no longer invited to the association meetings held at the community member’s homes. Shortly after the accusations were made by Mr. Agard, Mr. Telesford recalls that an association meeting was held at Mr. Agard’s home and that he was not informed. Mr. Telesford further notes that he has not been informed of events being held by the association, although this has never been an issue before. Prior to March, 2017, Mr. Telesford expresses that he was neighbourly with Mr. Agard and that they would greet each other in passing, but he cannot explain Mr. Agard’s behaviour, as they had never had any issues in the past.
[14] Mr. Telesford states that he does not know why Mr. Agard would accuse him falsely of criminal activity, and that when he was informed that Mr. Agard had been making these comments, it made him feel embarrassed and humiliated. Mr. Telesford further states that he was even more hurt that Mr. Agard had never spoken to him about his beliefs to try to ascertain the truth, or even produce any evidence to prove the statements made, but was telling persons that he had cut the chain. Mr. Telesford asserts that his reputation has been seriously harmed, as business associates have enquired about the issue. He concludes that the statements can hurt his reputation both as a businessman and in his personal capacity, as persons may feel that he is capable of damaging the property of others.
[15] In cross examination at trial, Mr. Telesford confirmed that Mr. Agard was already living at Westerhall Heights when he moved there. He recalled that Mr. Agard placed the chain at the entrance of a public road, which blocked access to that public road. When questioned about whether he heard Mr. Agard utter the words ‘let sleeping dogs lie’, Mr. Telesford confirmed that he did in fact hear Mr. Agard say these words, and asserted that this occurred after his wife informed him of her conversation with Mr. Agard. Mr. Telesford also observed that it was after the ‘letting sleeping dogs lie’ statement that he learned that Mr. Agard was telling persons that he had cut the chain. Mr. Telesford also admitted that Mr. Agard never addressed him by his first name – Geffrey, and only ever addressed him as Mr. Telesford.
[16] Mr. Telesford was questioned about the conversation which occurred between his wife and Mr. Agard. He stated that his wife told him that Mr. Agard had accused him of cutting the chain, relaying that she had asked Mr. Agard if that was the accusation he was making against her husband. Mr. Telesford however could not confirm whether his wife informed him of what Mr. Agard told her in response to her question about Mr. Agard’s accusation. Mr. Telesford explained that he only decided to file a claim against Mr. Agard after he heard that Mr. Agard was scandalizing his name, and not after his wife told him of the conversation between Mr. Agard and herself. He also confirmed that Officer Philbert told him what Mr. Agard said about him in the same year when the event occurred.
[17] When questioned about whether he was a member of the association in his neighbourhood, Mr. Telesford asserted that he became a member of the association by virtue of being a resident of the community. However, he could not identify the president or the treasurer of the association. When asked about payment of membership fees, Mr. Telesford explained that all members were required to pay fees to the association, which he did pay, not to the treasurer but to the bank. He also admitted that he never provided evidence of payment to the treasurer, but could not confirm if the association ever required persons to provide such a receipt for payment. When it was put to Mr. Telesford that he was never a member of the association, he conceded that the association was no longer active, as he could only remember attending one meeting some time ago.
Natalie Bruce’s evidence
[18] In her witness statement, Ms. Bruce recites that she is Mr. Telesford’s wife. She recalls 24th March, 2017 at 6:30 pm when she was in her backyard preparing a surprise birthday dinner for Mr. Telesford’s birthday. She had just returned to Grenada the night before the party. While she was busy preparing, Ms. Bruce testifies that she observed Mr. Agard standing on the side of the road outside of their residence. Ms. Bruce recounts that Mr. Agard called out to her and said “Hey Natalie how are you, can I talk to you?” She replied sure. Mr. Agard then told her that her husband was a jealous man who does not like anyone talking to her, so he had to ask. Ms. Bruce indicates her response was that her husband was not a jealous man and that Mr. Agard could come and speak with her at any time.
[19] Ms. Bruce states that Mr. Agard came into their yard and told her that he and his wife had travelled overseas and had just returned to Grenada. On his return he noticed that the chain to his driveway was cut and he wanted to have a man to man conversation with Mr. Telesford. Ms. Bruce’s further evidence is that Mr. Agard then told her that he had cameras around his house and one of them faced directly to the Telesford’s house. Ms. Bruce states that she asked Mr. Agard what he was trying to say and if he was saying that her husband had cut the chain. Ms. Bruce deposes that Mr. Agard replied “no no no I am not making any confusion, I am just saying the cameras face directly to your house and the chain is cut, so I need to speak to Mr. Telesford.”
[20] At the time that he made this statement, Ms. Bruce observes that she felt that Mr. Agard was accusing her husband of cutting the chain. In that regard, she deduced that Mr. Agard was suggesting that he had some proof of the chain cutting event on his cameras. Ms. Bruce testifies that she informed Mr. Agard that they had some workers doing work around their house, but she doubted that they did it. Ms. Bruce insists that she never told Mr. Agard that the workers had cut the fence, since she had been out of state for approximately 3 months and had no knowledge of the chain being cut prior to Mr. Agard informing her of the same.
[21] Ms. Bruce also maintains that Mr. Agard never spoke to her about private property as he alleges in his defence. Prior to Mr. Agard’s installation of the chain, Ms. Bruce indicates that she would use the public road to walk up the hill and look at the valley. However, the chain restricted access to the public road, as it was placed across the opening of the public road, some distance from the entrance to Mr. Agard’s property. Ms. Bruce recalls that Mr. Agard told her that he would talk to Mr. Telesford, and she said “okay, when he gets home I will let him know.” When her husband got home, Ms. Bruce testifies that she informed him of the conversation that she held with Mr. Agard.
[22] The next day, Ms. Bruce states that she and her husband were in their backyard when Mr. Agard and his wife were passing by in their car, which Mr. Agard was driving. She deposes that Mr. Agard stopped the car, and that he and his wife both said ‘hi’ to her. Mr. Agard then asked her how she was doing and she told him that she was okay and that ‘Geff was here now so he could come and speak with him’. She recounts that Mr. Agard said that he had thought about it and he was not going to say anything, he would buy a new chain and let sleeping dogs lie. Ms. Bruce maintains that she never spoke to Mr. Agard about the chain after this conversation.
[23] In cross examination, Ms. Bruce was questioned about whether she had seen the chain before, and if it blocked access to the public road. She confirmed that she had seen the chain and that it did block the road. She doubted that the workers had cut the chain, but accepted that she could not be sure if her workers had actually cut the chain. When asked if Mr. Agard had specifically said that Mr. Telesford had cut the chain, Ms. Bruce indicated that she could not remember, as it was a long time ago. She also confirmed when asked that Mr. Agard had always called her husband by his last name – Mr. Telesford, and she could not recall an instance when Mr. Agard had called her husband Geffrey.
[24] In respect of her conversation with Mr. Agard, she was questioned at length about whether she had left out any aspects of their conversation. Ms. Bruce indicated that she discussed the conversation she held with Mr. Agard with her husband on the same night that the conversation occurred. She accepted that a portion of what was said to her by Mr. Agard was left out of the statement of claim – namely the portion of her statement where Mr. Agard responded “no no no, I am not making any confusion”, after she asked him if he was accusing her husband of cutting the chain. She confirmed that Mr. Agard had in fact said “no no no, I am not making any confusion” during their conversation.
Officer Tahera Philbert’s evidence
[25] In her witness summary, Officer Philbert indicates that she has served as an officer of the Royal Grenada Police Force for the past 14 years. She states that she is familiar with both parties in the matter. Officer Philbert deposes that sometime in December, 2017 close to the Christmas season, she was in the town of St George’s when she met Mr. Agard. Officer Philbert recalls that Mr. Agard greeted her and that Mr. Agard invited her to have a glass of red wine. She claims she responded “red wine? I do not even know where you live.” Officer Philbert then deposes that Mr. Agard informed her that he lived in Westerhall, and he has a neighbour there who is something else. She recalls that Mr. Agard informed her that the neighbour’s name was Geffrey Telesford and that he had cut his chain.
[26] At trial, Officer Philbert accepted the witness summary as her evidence. She testified that she knew Mr. Telesford for over 15 years as a businessman, as his business is located in Morne Delice in Westerhall where she lives. She also indicated that she considers Mr. Telesford a friend, but had no idea where he lived in 2017. Officer Philbert also confirmed when questioned that she met Mr. Agard in December 2017, but it was not yet the Christmas season. She also indicated that she had met Mr. Agard a couple times before, when she had worked previously at the Grenada Port Authority. She also recalls meeting Mr. Agard on the streets of St. George. Officer Philbert was asked if she spoke to Mr. Telesford about her conversation with Mr. Agard. Officer Philbert confirmed that she did speak to Mr. Telesford once about the conversation over the phone on the same day that she met Mr. Agard in town.
[27] When asked if she started the conversation, Officer Philbert confirmed that she did. She further confirmed that Mr. Agard invited her over for a glass of red wine. Officer Philbert also testified that the conversation between herself and Mr. Agard took place at some time before the lunch hour. When questioned about the location of the conversation and the time of year, Officer Philbert explained that the conversation took place in front of the Bruce Street Mall before the Christmas season. She was also dressed in her police uniform since she was on duty. When questioned about Mr. Agard’s address, she replied that Mr. Agard informed her that he lived in Westerhall Heights.
[28] It was pointed out to Officer Philbert that her statement indicated the community of Westerhall, and not Westerhall Heights. Officer Philbert replied that it had to be an error. When asked if Mr. Agard said anything else to her, Officer Philbert responded that Mr. Agard replied that he has a neighbour giving him some trouble and the neighbour is something else. She testified that she asked Mr. Agard the identity of the neighbour, and that he told her that the neighbour’s name is Geffrey Telesford. Mr. Agard then told her that Mr. Telesford had cut his chain.
Sholto Agard’s evidence
[29] In his witness statement, Mr. Agard deposes that he and his wife are the owners of a dwelling house in Westerhall Heights which they have owned since 2004. Mr. Agard testifies that the driveway to the property leads from the public road on the opposite side from the properties of their neighbours, Mr. Anthony Forsyth and Mr. Telesford. For the past 13 years, Mr. Agard states that he and his wife live approximately 4 months – from January to May – in Grenada, and the other 8 months in Canada. He further states that from March 15th to 22nd, 2017, he and his wife were overseas, returning to Grenada on the night of 22nd March, 2017. On their return to their property, they found that the chain, which was installed in January 2017 across the entrance of their driveway from the public road was cut.
[30] Mr. Agard testified that he was very concerned, and over the next few days, he began informing the neighbours and asking if anyone saw anything. He indicates that he went to look for their neighbour, Mr. Forsyth but he was not there. He recalls that he spoke with Natalie Bruce, Mr. Telesford’s partner. He explains that he and Ms. Bruce were usually cordial. This caused him to enquire of Ms. Bruce how her father and brother were feeling, as she had previously informed him that they were involved in a serious accident in Texas in the United States of America. He recalls that Ms. Bruce remarked that her father was okay and that her brother was doing much better.
[31] Mr. Agard states that he then told Ms. Bruce that he and his wife were away for a week, and upon their return on the night of 22nd March, 2017, they found that the chain across their driveway was cut. He also recalls informing her that the camera on his house picked up someone walking towards the chain. Mr. Agard states that Ms. Bruce then told him that it was one of their workmen who cut the chain, and when he asked her why, she responded that she usually walked up there.
[32] Mr. Agard explains that he told Ms Bruce that it was private property and that he wished to speak to Mr. Telesford. Ms. Bruce then invited him onto their property to continue the conversation because she was preparing for Mr. Telesford’s birthday, but he declined and left. Mr. Agard denies uttering the words as alleged by Ms. Bruce. He avers that the cameras on their house were installed facing the public road long before Mr. Telesford built his house. He insists that he does not speak in the manner to say “I want to have a man to man conversation.”
[33] Subsequent to speaking to Ms. Bruce, Mr. Agard indicates that he visited Mr. Forsyth and told him that Ms. Bruce said – ‘it was one of the workmen who had cut the chain across their driveway because she normally walked up there’. Mr. Agard testifies that he related this to Mr. Forsyth because his wife had previously informed Mr. Forsyth about the cutting of the chain, and asked him if he had seen anything.
[34] On the evening of 1st April, 2017, Mr. Agard states that he and his wife returned home and noticed Ms. Bruce and Mr. Telesford sitting in the back of their house, while he was in the process of putting a lock on the new chain. Mr. Agard recalls that Ms. Bruce asked him if he wanted to speak with her husband, and he answered ‘no, but the chain stays’. After he received the letter from Mr. Telesford’s lawyer accusing him of defamation, Mr. Agard explains that he ceased any conversation with Ms. Bruce and Mr. Telesford.
[35] Mr. Agard states that in early April, 2017 he was walking outside the cruise terminal in St. George’s along the Melville Street area, and as he attempted to cross at the pedestrian walk, Officer Tahera Philbert, who was dressed in police uniform called out to him. Mr. Agard testifies that Officer Philbert asked him why he was in such a hurry, and that he stopped to converse with her. He explains that he knew Officer Philbert when she worked at the Grenada Port Authority in Lagoon Road, St. George’s. He met her there on his occasional visits to the Port to conduct business.
[36] Mr. Agard recounts that he mentioned to Officer Philbert that he was in the town to visit the bank, FLOW and to attend to other business. Officer Philbert then told him that she was recently in his neighbourhood below his house. Mr. Agard recalls that he asked her why she did not come up to the house, because he has a lot of fruits and she could have gotten some. Mr. Agard testifies that Officer Philbert then mentioned that he looked worried, and he responded that the chain he placed across his driveway in January, 2017 was cut by their neighbour’s workmen while he and his wife were away in March, 2017. He recalls that she then enquired about the identity of neighbour, and that he told her that it was Telesford. Officer Philbert asked him if it was Telesford who drives a truck, and he said no, it was Telesford who makes the countertops. Mr. Agard deposes that at the time of the conversation, he did not know that Mr. Telesford’s name was Geffrey, as he only knew him as Telesford.
[37] Mr. Agard refutes that he has widely repeated the alleged defamatory statements and maintains that he has only repeated what was said to him by Ms. Bruce. Mr. Agard insists that he was justified in mentioning to Mr. Forsyth and Officer Philbert what Ms. Bruce had said to him concerning the cutting of the chain by the workmen and that he does not know why Mr. Telesford would have been subject to ridicule. He denies the contentions in that regard.
TO BE CONTINUED