Barabe, creator of the television production OTV, has asked the Supreme Court for compensatory damages, punitive damages, attorney’s fees and cost of suit and disbursements.
The plaintiff also request the court to permanently enjoin Diaz from making any further defamatory remarks against the plaintiff in print, radio, television, web or through any other means of public dissemination.Barabe through his lawyer Kassi Berg, filed a complaint of assault, defamation and intentional infliction of emotional distress against Sen. Diaz.Berg, who is not practicing law in Palau was allowed by the Supreme Court to represent Barabe under Rule 5 of the Rules of Admission.Berg’s motion seeking that she will be admitted to practice before the courts of Palau was granted by Chief Justice Arthur Ngiraklsong on Wednesday.The complaint which was filed on Tuesday stated that on June 23, Diaz called the plaintiff at his office at the Roll “em Productions but wasn’t able to talk to him.Diaz left a message that plaintiff return his call. When the plaintiff did later that day, Diaz “screamed and cursed the plaintiff and repeatedly threatened to kill him.”The complaint stated that plaintiff called the Bureau of Public Safety and reported the incident.The complaint stated that BPS investigated the incident and instead of arresting the lawmaker, the police issued Diaz a criminal citation for misdemeanor assault.The citation ordered Diaz to answer the criminal charge in court on July 16 at 1:30 p.m.The complaint stated that Diaz instead of exercising his right to a trial; he accepted the misdemeanor conviction and summarily paid the fine.The complaint stated that after Diaz verbal threat; he began his missive email threats against the plaintiff.The complaint stated that on June 26, defendant sent plaintiff an email containing threats.The email warned the plaintiff to go home, as Diaz was concerned about his safety.“I don’t have any control over some of my supporters and they might do something stupid without my knowledge. It has happened many times before here in Palau,’the mail stated.The complaint stated that Diaz on June 24 made false and defamatory remarks about the plaintiff on his radio station which were also broadcasted on Medal Belau TV.The complaint stated that Senator Diaz called the plaintiff stupid and ignorant in his radio program.Barabe first sued Diaz and his broadcasting firm, the Medal Belau TV in July for airing a CIP video without the Roll “em Production’s approval.The complaint stated that Roll “em Productions produced the CIP video for the display at the Oregon Celebration.The complaint stated that Diaz aired the said video without authorization from the Roll “em Productions on June 20.
