THE Superior Court has denied Marianas Variety publisher’s motion to dismiss garment magnate and Saipan Tribune owner Willie Tan’s $3 million defamation lawsuit.
Presiding Judge Edward Manibusan said the fact that Tan may have made sizable contributions to former Speaker Benigno R. Fitial “is not susceptible to a defamatory meaning.”
Manibusan, however, said that upon reading the publication in Variety of Rep. Stanley T. Torres’s political advertisement , “one might conclude, from the words themselves, that (Tan) made a contribution to Fitial as a bribe to exact favors and beneficial legislation.”
“The court cannot say at this point that the statements are not reasonably capable of a defamatory meaning. Thus, defendants are not entitled to judgment on the pleadings as a matter of law,” said the judge in his order denying the motion for judgment or dismissal.
Tan also filed a defamation lawsuit against Torres, R-Saipan, but they later announced a “settlement.”
In a joint press statement in January, Tan and Torres stated they had reached a resolution, but that the specific terms and conditions of their settlement were confidential.
Manibusan, in his ruling, said the parties raised the issue of whether Tan is a public figure.
The judge cited a court ruling that states: “If the party defamed is either a public official or public figure, the plaintiff must prove actual malice to recover on a defamation claim.”
Manibusan said that whether Tan is a public official or a public figure is a question of law for the trial judge. Tan has alleged malice on the part of Variety, but the judge said “it is not prudent to address this issue at this stage as there has not been discovery or evidence presented to prove or disprove the allegation.”
