Balita Newspaper, Cusipag committed criminal contempt

Balita Newspaper, Cusipag committed criminal contempt

TORONTO, March 8, 2017–Today, the Honourable Frederick L. Myers, Judge of the Superior Court of Justice, in the contempt of court case: Enverga v. Balita Newspaper, Balita Media Inc., Tess Cusipag, Romeo P. Marquez (a.k.a. Romy Marquez) and Carlos Padilla (deceased), ruled that the media defendants committed criminal contempt of court after having continued to publish and distribute false accusations about the Honourable Tobias C. Enverga Jr., Ontario Senator.

Senator Enverga filed the contempt motion after Cusipag continued to publish and email defamatory statements in violation of a permanent injunction that prohibited her from publishing such statements. Cusipag sent a number of emails containing defamatory statements to several people, including the Speaker of the Senate, Hon. George Furey, and Ontario Senators Salma Ataullahjan and Thanh Hai Ngo. One of these states: “…Please help me disseminate the truth out there. I have permanent injunction. I am asking all our contacts all over the world for the truth to come out…”

To give an overview, in the July 13, 2016 judgment when Balita and Cusipag was found guilty of libel, the Honourable Ontario Superior Court Justice Sidney N. Lederman stated that the defendants, and in particular Cusipag, “has done virtually everything she could to destroy and discredit Senator Enverga in an unrelenting manner”. The judge ordered the defendants to pay the legal costs incurred by Senator Enverga, along with the general and aggravated damages and punitive damages awarded, thus bringing the total amount to which the Senator is entitled to $340,000 plus pre-judgment interest.

“They engaged in absolutely no investigation whatsoever as to the truth of what they were publishing. They were recklessly indifferent to the truth of the Article … At no time has there been any retraction or apology given. Cusipag vows to continue to make defamatory statements against the plaintiff [Senator Enverga] and has shown no interest in stopping her efforts or refraining from misconduct,” the Judge added.

Justice Lederman, in granting an injunction order on the same July 13th judgement, recognized the likelihood that the media defendants would continue in their crusade to destroy the reputation of Senator Enverga, saying: “Here, there is an ongoing concern that the defendants will continue to publish defamatory statements about Senator Enverga. They have engaged in a persistent campaign to injure Senator Enverga and ruin his reputation…They have refused to apologize and they have given no indication that they are prepared to stop their irresponsible defamatory attacks.”

The handwritten decision of Justice Myers dated March 8, 2017 states: “For reasons to be delivered in the near future, I am satisfied beyond a reasonable doubt that the ‘media defendants’ defined in the plaintiff’s notice of motion have committed criminal contempt as alleged. I write this now so as to give the media defendants fair warning that the Order of Lederman J. remains binding on them and is to be obeyed in letter and in spirit…”

Sentencing will be scheduled at a case conference to be held after Superior Court Justice Myers’ reasons are released.

(PRESS RELEASE)