Senior Counsel Says PM Browne Has Right to Sue Over False Allegations; Warns Against Misinformation

Senior Counsel Anthony Astaphan is supporting Prime Minister Gaston Browne’s decision to pursue legal action against a US-based law firm, opposition members, and several media outlets.

Earlier this week, Prime Minister Gaston Browne announced plans to sue the United States-based law firm Boies, Schiller & Flexner for exemplary damages, alleging the firm made defamatory statements regarding his involvement in the Alfa Nero superyacht matter.

Browne said that instead of complying with a pre-action request issued in late November by his legal team at Rika Bird & Associates, the firm committed “a further act of defamation,” prompting his decision to escalate the matter to the courts.

The Prime Minister also confirmed that legal proceedings will be initiated against former United Progressive Party (UPP) political leader Harold Lovell, whom he accuses of repeating the disputed allegations in public forums.

Rika Bird & Associates say multiple statements made by attorney Martin DeLuca — who represents Russian national Yulia Guryeva Motlokhov in a disclosure application — were “highly defamatory” and harmful to the reputation of the Prime Minister. These remarks were subsequently carried by international and local media, including the Associated Press, the Antigua Observer and Antigua News Room.

Speaking exclusively to Antigua.news, Astaphan addressed whether the Prime Minister should consider suing individuals, the opposition, and media outlets alleging that he stole funds related to the Alfa Nero incident — accusations Browne has publicly and forcefully denied.

Astaphan said the allegations — including claims that Browne stole US$10 million from proceeds linked to Alfa Nero — were “a complete factual fabrication.”

He argued that if such statements had been left unchallenged at the time they circulated, members of the public might have assumed they were true.

“The allegations go to the root of his character as a political leader, as Prime Minister of the country,” Astaphan said. “They are serious and false, and he was right to defend his reputation and that of his office.”

Quoting constitutional law, Astaphan noted that while freedom of expression is a protected right, it is limited by law where it conflicts with the rights and reputations of others — including those of elected leaders.

“The law does not permit or condone false allegations of corruption and criminality to go unpunished,” he said. “Anybody who’s making these allegations has to act in a responsible way by producing the evidence upon which they rely and, more importantly, by giving the person against whom the allegations are being made the right to respond.”

Astaphan referenced past political controversy, including assertions during an election cycle that the American FBI was involved in Browne’s arrest — claims he stressed were unsubstantiated and believed by some voters, affecting public perception.

He also cited legal principles upheld by the Privy Council and House of Lords, which have made clear that the intentional spread of misinformation and unfounded attacks on the reputations of elected officials are “not in the public interest and are contrary to the provisions of the Constitution.”

When asked whether the Prime Minister should proceed with litigation, Astaphan said it would be “impossible” to ignore repeated, unsubstantiated allegations that continue to circulate.