Weston “Cro Cro” Rawlins, a calypsonian, has been sentenced to pay $250,000 in damages after defaming businessman Inshan Ishmael in one of his songs. Judge Frank Seepersad recently rendered the decision in a ruling at the Water-front Judicial Center in Port of Spain.
On February 5, 2023, Cro Cro was charged with defaming Ishmael after singing a calypso called “Another Sat is Out-side Again” on stage, which was purportedly named after Ishmael.
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Ishmael stated unequivocally at a hearing held last December that Rawlins had been “singing” about him in the calypso.
According to him, the song openly called him out, identified him, and denigrated him while urging listeners to verbally and physically assault him and to stop supporting his companies financially.
Gilbert Peterson, SC, the primary counsel for Rawlins, cross-examined Ishmael during the proceedings.
Peterson indicated that his client was generalizing a situation rather than singing specifically about Ishmael.
When Rawlins performed the calypso and talked about persons “in the Bamboo” who were selling stolen auto parts, Ishmael claimed that Rawlins had mentioned his name.
Ishmael is the proprietor of a company that brings in and resells secondhand cars from elsewhere.
As stated in the lawsuit by lawyer Richard Jaggasar, “As a result of the lyrics of the song the Claimant is now viewed as a criminal, a racist, and a thief.”
In his testimony, Rawlins said that he wasn’t singing about any specific person but was only drawing attention to some of the illegal activities carried out by some national businesspeople.
Rawlins refuted claims that he was singing of Ishmael. Additionally, he declared that he had not granted anyone authorization to film his performance and post it on social media.
Nonetheless, Justice Seepersad stated in the decision she rendered, “Although there was no express prayer for exemplary damages, the evidence in this case has established that (Cro Cro) acted with cynical disregard to the Claimant’s right to have his reputation protected against a scathing attack.”
He added, “(Cro Cro) had no empirical evidence which could have led him to form a genuine belief that the Claimant sold stolen car parts and it is possible to conclude that (Cro Cro’s) decision to attack the Claimant was motivated by a desire to teach the Claimant a lesson and by a belief that salacious and derogatory statements and the jab against the wider Indian community, would resonate with his fan base and possibly win him favor with calypso judges, who in the past, rewarded him with lucrative first prize purses for compositions which were less than complimentary to persons of East Indian origin or heritage.”
