Judge finds Fitzgerald breached STB’s rights; orders him to pay $150,000 in damages
Supreme Court Justice Indra Charles has ruled that Marathon MP Jerome Fitzgerald breached the constitutional right to privacy of members of the environmental group Save The Bays (STB) when he disclosed their private emails and financial details in Parliament, and ordered him to pay $150,000 in damages.
The ruling was handed down this morning.
Charles granted a permanent injunction prohibiting the MP from disclosing or publishing any private information belonging to STB without its consent and ordered that Fitzgerald destroy all material within 14 days.
The applicants in the matter were the Coalition to Protect Clifton Bay (Save The Bays); Zachary Bacon, the brother of hedge fund billionaire Louis Bacon, a resident of Lyford Cay, and STB director of legal affairs Fred Smith and lawyer Ferron Bethell.
STB was seeking a permanent injunction against Fitzgerald and Fox Hill MP Fred Mitchell.
However, Charles said Mitchell was not in breach of the group’s constitutional rights.
Attorney Loren Klein, who represents the respondents, including the Office of the Attorney General, intends to appeal the decision. The appeal resulted in a stay of Charles’ destruction order.
Outside of court, Smith expressed confidence that the Court of Appeal will uphold the ruling.