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FOUR-time Calypso Monarch Weston “Cro Cro” Rawlins has been ordered to compensate Valsayn businessman Inshan Ishmael for defamatory statements in his 2023 calypso Another Sat is Outside Again.
Justice Frank Seepersad made the order on January 29.
Ishmael sued Rawlins in 2023 after video recordings of the former monarch’s performance at a TUCO competition went viral.
Ishmael claimed the calypso, performed on February 5, 2023, directly named and defamed him.
“As a result of the lyrics of the song, the claimant is now viewed as a criminal, a racist and a thief.
“The lyrics of the song directly name, identify and attack the claimant; and encourage others to attack the claimant verbally (and) physically and financially abstain from his businesses.”
Ishmael said his reputation was “100 per cent” damaged by the song.
Although the judge deemed some aspects of the song “fair comment,” Seepersad said there were defamatory portions which were not “satire, picong or clever critique,” but “salacious and derogative.”
The judge said it was reprehensible to use the artform to attack a person’s reputation.
Rawlins was ordered to pay $215,000 in general damages, with an uplift for aggravating damages. Seepersad also ordered the former calypso monarch to pay Ishmael exemplary damages of $35,000.
Ishmael’s defamation claim also included the Copyright Organisation of Trinidad and Tobago (COTT), but that was dismissed by the judge.
On March 18, 2023, hours before Rawlins performed at a concert series in San Fernando and Port of Spain, Seepersad granted an injunction preventing the veteran calypsonian from performing the song unless it was edited to remove “offending portions.”
Representing Ishmael were Richard Jaggasar, Nigel Trancuso and Linda Gopeesingh.
Senior Counsel Gilbert Peterson, Keith Scotland and Kareem Marcelle represented Rawlins. Senior Counsel Anthony Vieira and Anil Maraj represented COTT.
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