The Tribune

By DANA SMITH

Tribune Staff Reporter

dsmith@tribunemedia.net

NATIONAL Insurance Board director Algernon Cargill and his attorney appeared in court yesterday after filing legal action in the Supreme Court against NIB and its chairman, alleging defamation.

The filing comes after Mr Cargill was suspended pending investigations after a letter sent to National Insurance Minister Shane Gibson by chairman Gregory Moss was leaked to the press and published on a local website.

Stressing that he could not make any comments as the matter is before the courts, Mr Cargill’s lawyer Alfred Sears only confirmed that they appeared before Chief Justice Michael Barnett yesterday.

“We filed a writ yesterday and an ex parte summons and an affidavit in support of that summons and we were in court today,” Mr Sears said. “My client felt that he was unfairly treated and false allegations were made against him.”

Mr Cargill was not given a copy of the letter, court documents say, “nor afforded any opportunity to answer the false and scandalous allegations contained in the said letter before its publication.”

The letter was “widely published” by the media and in consequence Mr Cargill’s personal and professional reputation has been “seriously damaged and he has suffered considerable anxiety, distress and embarrassment,” court documents say.

The court documents also state NIB did not conduct any “independent and impartial investigation” or give Mr Cargill the opportunity to respond to the allegations made against him in the letter, prior to his suspension.

The documents say Mr Cargill “had a legitimate expectation” that NIB as a public corporation “would have acted fairly and rationally and that he was entitled to be provided with the allegations and afforded a reasonable opportunity to be heard”.

Mr Cargill is claiming damages for slander or alternatively libel, negligence, breach of contract, and breach of confidence. He also asked for a declaration that NIB’s decision to terminate him and Mr Gibson’s decision to suspend him were “unfair, irrational and in breach of the Rules of National Justice” as he was not presented with the allegations or “afforded reasonable opportunity to respond”. A declaration that Mr Moss breached the Data Protection Act is also sought, as is an injunction restraining Mr Moss and NIB from “further publishing or broadcasting or causing to be publicised” the same or similar words or statements.