Or“I look forward to the opportunity Mr. Nandlall has provided me, by filing this case, to subpoena records and call and depose witnesses, under oath, up to the highest levels of government to establish the truth of everything I have said.”—Melly Mel Attorney General and Minister of Legal Affairs, Mohabir Anil Nandlall, on Friday initiated a lawsuit against social media commentator Melissa Atwell, seeking in excess of $100M for what he alleges is libel and defamation, contained in a series of posts she would have made publicly, alleging he was in fact an inside source of information.
In a detailed response to Nandlall’s lawsuit, Atwell has since vowed to contest the claims in Court vigorously, citing the importance of truth as an absolute defence against libel and defamation.
According to Atwell, “I look forward to the opportunity Mr. Nandlall has provided me, by filing this case, to subpoena records and call and depose witnesses, under oath, up to the highest levels of government to establish the truth of everything I have said.”
The case, filed in the High Court, stems from statements Atwell made on her social media platforms, The Melly Mel Show, on 21 November 2024. Mr. Nandlall further publicised the legal filing by sharing it on Facebook.To this end, Atwell contends that Mr. Nandlall’s case heavily relies on inferences, he has drawn from her statements posted on her social media platforms.Having secured legal counsel in the US where she resides, Atwell remarks, “I can neither control, nor am I responsible for his inferences.”
Atwell’s legal counsel has since also pointed out that Mr. Nandlall’s Statement of Claim dedicates significant attention to his role and importance within the Guyanese government, which, they argue, serves to establish his status as a public figure with diminished expectations of privacy.
Highlighting concerns over the scope of the lawsuit, Atwell questioned the relevance of certain claims made by Mr. Nandlall.“For instance, at Paragraph 20 of the Statement of Claim, Mr. Nandlall alleges that I and other social media personalities have published statements that are ‘racist, inflammatory and incite racial violence’ concerning the Government of Guyana and other entities,” she said.
“Mr. Nandlall knows he has no legal authority to make claims in his individual capacity on behalf of others, making these statements irrelevant to his personal claims.”Atwell’s attorney also noted that Mr. Nandlall referenced cooperation between the Government of Guyana and U.S. law enforcement in addressing criticisms made by private individuals, to which she responded by questioning the validity of such assertions, stating, “Does Mr. Nandlall not understand that the First Amendment of the United States Constitution preserves and protects the rights of free speech? Does he really believe the U.S. Government would disregard this fundamental principle?”
Atwell has since also also accused Mr. Nandlall of using the lawsuit as a means to intimidate critics of the government and argues that the publicised filing on Facebook underscores an attempt to suppress dissenting voices.
“This filing was not about Mr. Nandlall’s personal sensitivities; it was about sending a message to me and others who critique the current administration,” she stated. “The ambiguity of Guyana’s libel and defamation laws is being exploited to silence criticism and oppositional voices through intimidation.”Atwell in responding to the lawsuit affirmed her intention to fight the case both in Guyana and internationally.
“I have retained legal counsel in the United States and will coordinate with Guyanese counsel to proceed with this litigation,” she said.
According to Ms Atwell “….a government that is afraid of the criticism of its people is not a government worthy to lead, and I intend to expose this to the world; The international community needs to know the climate of oppression that currently exists in Guyana.”
The case, she said, “will serve as my platform to expose the truth on behalf of all oppositional voices silenced by fear of retribution.”
