PORT OF SPAIN, Trinidad, Jun 28, CMC – A reporter, who was dismissed in 2009 for refusing to disclose the source of his information for a story, has been awarded TT$600,000 by the Industrial Court for wrongful dismissal.
Darryl Heeralal sued the Trinidad Express after he was dismissed for failing to submit his source to the then editor-in-chief Omatie Lyder on June 29, 2009 for the story that concerned a probe into a shootout between police and bandits in Wallerfield, east of here in August 2007.
The shootout led to the death of five people, including Wendy Courtney, a mother of five children, who was shot by a stray bullet as she lay in her bedroom.
Heeralal was dismissed after he refused to reveal his source to Lyder when the police officers sued the Express for defamation after their matter was dismissed after a preliminary inquiry.
In his evidence, Heeralal said in refusing to reveal his source he had expressed concern to Lyder about confidentiality within the newsroom and wanted that issue addressed before he would reveal his source.
“An entire arm of national security could have been compromised and there were death threats,” he said.
But the newspaper argued that the employee had failed to comply with a legitimate instruction and therefore there was a loss of trust.
But in its ruling, the Industrial Court said the reasons for dismissal were “not valid,” given the circumstances of the case, and that Heeralal “was denied the basic principles of a fair opportunity to be heard”.
The Banking, Insurance and General Workers Union (BIGWU), which is the bargaining body for print journalists, at the newspaper, asked the court for Heeralal to be reinstated or be granted damages of TT$750,000. But the court did not award the full amount.
Heeralal told reporters while he was pleased with the ruling, he wanted the opportunity to clear his name, which he had built during his 11 years at the newspaper.
“Trinidad is one of the very few places where freedom of the press is constitutionally enshrined. The meat of journalism is sources. If a journalist has to be forced to reveal his sources, then journalists will stand on nothing.”
