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Popcaan's lawyers file defamation lawsuit against JCF

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Attorneys Bert Samuels and Bianca Samuels
 
Attorneys representing dancehall artiste Popcaan have filed a defamation suit in the Supreme Court arising from a statement issued by the Jamaica Constabulary Force (JCF) on Wednesday alleging that the artiste had a criminal history in Barbados.
 
Popcaan, whose given name is Andrae Sutherland, is represented by the firm, Knight, Junor & Samuels.
 
The writ filed Friday morning accuses the police of releasing malicious and false information into the public domain, resulting in the entertainer suffering loss, damage and injury. 
 
The information was released to the public after Popcaan and one of his attorneys, Bert Samuels, accused the Jamaican Government of causing the artiste to be detained at an airport in the United Kingdom.
 
The JCF and the Government denied the allegation.
 
However, speaking at a press conference Friday morning, another of Popcaan's attorneys, Bianca Samuels, insisted her client has no criminal history in Barbados.
 
Making reference to a police report from Barbados which was supposedly in their possession, the lawyer said it "states definitively that Popcaan, Andre Sutherland, has no criminal record in that jurisdiction".
 
Ms Samuels said it was particularly offensive that the police made reference to a "criminal conviction in 2009", adding that "no reference whatsoever should have been made to it" and doing so was itself a criminal offence. 
 
The attorneys had demanded an apology from the police, but none was forthcoming.
 
The JCF had revealed that Popcaan had a marijuana conviction from 2009, however, the artiste's attorneys say that conviction was exponged in 2016.

Furthermore, they pointed out that under Barbados law, if a person's criminal record is exponged, it must be deemed that the person has "never been charged with, prosecuted for, or sentenced for a criminal offence".

The revelation by the police, attorney Bert Samuels said, was a breach of Popcaan's constitutional right to privacy "by those who should protect and serve him and us".

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

 


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