April 29, 2003 – A private investigation firm hired by Innovative Communication Corp. or related companies has been ordered to turn over all information resulting from a secret investigation of Sen. Adlah "Foncie" Donastorg to the senator in connection with his defamation lawsuit against ICC and others.
In an order signed April 15, Territorial Court Judge Brenda Hollar denied ICC's motion either to quash Donastorg's subpoena of the documents or to issue a protective order against their release, along with an amended motion for a protective order filed by Dennis Sheraw and Associates.
Last October, Donastorg went public with the investigation conducted by Sheraw and Associates, a St. Croix private investigation firm. The investigation report, obtained by the senator, included detailed information about his bank accounts, education and criminal and sexual history. Sheraw and Associates also sought information about members of the senator's family, office staff and campaign contributors.
In March 2002, Donastorg and his wife, Benedicta, sued ICC, the Daily News Publishing Co., Jeffrey Prosser and J. Lowe Davis, accusing the newspaper of "a concerted effort to slander, defame and cast [the senator] in a bad light." ICC executive Holland L. Redfield II was later added as a defendant. Prosser owns ICC and the firm which publishes The Virgin Islands Daily News, among other companies. Davis is executive editor and chief executive officer of the Daily News.
The suit, filed by lawyer Lee J. Rohn, alleges that the newspaper acted because of Donastorg's ongoing questioning of the business practices of another ICC-owned company, Innovative Telephone, and his efforts to have the phone company audited, its rates reduced and its Economic Development Commission tax benefits withdrawn. Innovative Telephone was formerly known as the V.I. Telephone Corp., or Vitelco.
Hollar denied ICC's request to keep the investigation findings out of court and also upheld Rohn's request that Sheraw submit information about any other investigations involving Donastorg's family or acquaintances, Public Services Commission officials or attorneys conducted for ICC or its related companies over the last 10 years.
The subpoena Hollar upheld described the documents requested as including but not limited to correspondence, e-mails and memorandums.
The judge's order gives Sheraw and Associates 10 days, meaning 10 working days, in which to comply with her order to produce the material. Since April 15, there have been three V.I. holidays — Holy Thursday, Good Friday and Easter Monday — which would make May 2 — Friday — the 10th working day. However, Friday also is a holiday, V.I. Carnival Children's Parade day; thus, the deadline date was unclear.
Hollar also ruled that the defendants were obligated to have disclosed the existence of the investigation and any pertinent documents known to exist.
"ICC should've revealed they were conducting the investigation," Rohn said.
ICC attorneys also failed in an effort to have the court disqualify Rohn as Donastorg's lawyer in the case on grounds that she was responsible for having given the investigation report to the senator. ICC claimed disclosure of the information was unethical under the American Bar Association's Rules of Professional Conduct and the V.I. Code. Hollar disagreed.
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