The Privy Council in London has rejected a request by Free National Movement (FNM) propagandist Omar Archer who applied for permission to appeal a judgment handed down by the Court of Appeal in July 2021.
In 2015, Archer was charged with intentional libel after he made damaging claims about a woman on social media and alleged that she had the AIDS virus.
Archer got into a back and forth with the woman on Facebook after he posted comments that were critical of alleged writings in a tabloid, which he attributed to the virtual complainant.
The case is still before Derence Rolle in the Magistrates Court. However, attorneys for the former registrar of contractors filed a constitutional challenge to the criminal libel charge.
Supreme Court Justice Loren Klein dismissed the social media personality’s constitutional challenge.
He then took it to the Court of Appeal, which upheld the Supreme Court’s ruling.
In a report, dated July 19, 2022, the Judicial Committee of the Privy Council determined that “permission to appeal be refused because none of the proposed grounds of appeal raises an arguable point of law and each is devoid of merit and has no real prospect of success.”
Subject to any submissions, to be filed within a 21-day period, the Privy Council ordered Archer, who is listed as the appellant, to “pay the Respondents’ costs of the application, and where the Respondents apply for costs, the amount of those costs should be assessed if not agreed”.
It adds, “Her Majesty was pleased by and with the advice of Her Privy Council to approve the report and to order that those charged with administering the Government of the Commonwealth of The Bahamas and all others whom it may concern are to ensure that it is punctually observed and obeyed”.
The commissioner of police and the attorney general are listed as respondents.
It’s not the first or last time Archer’s loose tongue has landed him in legal trouble.
In April, the 51-year-old was remanded to prison over claims that he published false information about National Security Minister Wayne Munroe.
Prosecutors allege that on March 16, 2022, Archer posted false information on WhatsApp claiming that Munroe beat his wife in the mouth in July 2021 with the intention of causing the Cabinet minister shame, annoyance and to defame his character.
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