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Defamation Case

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desperatedad View Drop Down
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Joined: 19/November/2010
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  Quote desperatedad Quote  Post ReplyReply Direct Link To This Post Topic: Defamation Case
    Posted: 14/November/2011 at 21:12
Okay Ladies and Gentlemen I am back with another legal issue.
So some of you who have read my posts would know that on October 27 2010 I was charged with two counts of sexual assault, and one count of common assault (Domestic Violence related).

The police eventually dropped the sexual assault charges when I could prove that on both of those occasions I was more than an hour away from my ex-wife and had about six people who could back me up on both occasions.

However after a long, drawn out court battle in June 2011 I was found not guilty of Common Assault - Domestic Violence Related.

Tomorrow, and I am so excited about it, we are finally in the Federal Magistrates Court of Australia for our interim hearing involving our 4 year old son who I haven't been allowed to see for the past six months (sorry am just excited that hopefully some orders will come out of it of an interim basis).

So here is my new issue - that I was hoping someone on here may be able to provide some input and information on.

The NSW Police now have it on record that my ex made two FALSE claims of Sexual Assault, that these were done in a vindictive manner however they refuse to do anything to her for filing a false police report etc.

In the court room during the DV case I, representing myself, asked if she had ever been sexually assaulted by her former husband (IE ME) she stated NO.

Now here is where things get tricky, I made the initial application for parenting orders to the court and in my affidavit I brought up about her pathelogical lying to which in her response she stated that she told police officers investigating the case that she "couldn't remember the dates of the sexual assault, and the police officers came up with the dates".

In addition to this I used to be a member of the Rural Fire Brigade however was shunned by them when the brigade captain heard my ex' side to her story of her being raped and assaulted by me.

The lady at the local shop was also told the story of my ex getting raped and assaulted - however when the shop owner stated that if my ex was "bashed" the way she claims why is there no bruising - all of a sudden two days later my ex is turning up to the police station with slight bruising on her face (which is not consistent with the story she told police anyway but they used it as evidence).

Since I was found NOT GUILTY - I have attempted to rebuild my life and try and communicate with those who turned against me. Only to find out that my ex had messaged everyone on my friends list telling them her side of the story. I have some family members who still don't talk to me.

I have attempted to go out for dinner and my ex and her new boyfriend were at the same club and I have witnesses who saw both my ex and her boyfriend telling the wait staff their version of events including pointing at me and reinactments.

The lady from the shop that I mentioned earlier, who little knowledge to the other two has become a good friend of the family considering my partner used to work for her, took her children out to a restraunt for dinner and my ex, her family and her boyfriend were sitting in there.

Both my ex and her boyfriend ran up to her and in the loudest voice possible said "Did you hear what happened? He was found guilty!" and my ex's entire family cheered - even though the lady from the shop actually knew the not guilty verdict as she was watching my partner's 8 year old son at home on the day.

Since then there has been non stop facebook posts describing me as a rapists and a woman basher, my name has been plastered across some websites etc.

I want to bring a defamation case against my ex as no matter what she continues to tell everyone that this stuff happened, she is destroying my character and reputation and I just want to know if I have grounds for a case, how I go about preparing one etc.

AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 14/November/2011 at 22:36
What a horror. Talk to iconoclast.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 14/November/2011 at 23:42
Next visit for you should be to a solicitors office, this person needs to be stopped and if making her pay a monetary penalty is the only way, so be it.

Check with the solicitor if a criminal defamation has been committed also, to state that a person has been convicted of a crime like that, when they have not, may give rise to a charge of criminal defamation.

Others may be able to advise on this, my experience does not extend to such matters.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

iconoclast View Drop Down
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  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Posted: 15/November/2011 at 02:17
Oh desperatedad I really feel for you; this is so nasty, un-called-for and what a nightmare it must still be for you!
Yes you have clear grounds for defamation imo - which state are you in? Please visit the austlii site and read the relevant defamation act. You may find you need to write up a "notice of concerns". best of luck mate.
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Cabal2 View Drop Down
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Joined: 11/September/2010
Location: Australia
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  Quote Cabal2 Quote  Post ReplyReply Direct Link To This Post Posted: 15/November/2011 at 11:37
I don't know where you are, but in Vic that (the facebook/internet stuff, etc) could arguably constitute the criminal offence of stalking. There's similar legislation in some other states. Might be worth talking to the police and asking about that specifically.

QuoVadis View Drop Down
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  Quote QuoVadis Quote  Post ReplyReply Direct Link To This Post Posted: 15/November/2011 at 19:31
Defamation is pretty clear, I won't go into the elements here because they have been met. Get a good defamation lawyer and sort out how much damages you will be seeking. Before you do all that, you need documentary evidence to produce in court for any claim for damages.
BSL lawyers: leeches in suits and wigs.
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Freddy5 View Drop Down
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  Quote Freddy5 Quote  Post ReplyReply Direct Link To This Post Posted: 16/November/2011 at 15:25
I just want to say good luck. I have been fighting similar issues with my husband against his ex wife who has instigated so many awful rumors about us. Apparently I was charged with indictable crimes, my husband is allegedly a member of a bikie gang and a woman basher and all sorts of other awful stuff....none of it holds even the slightest bit of truth. But she's a copper so there absolutely nothing we can do unless we have money to get up a defamation suit against her which will cost us tens of thousands that we don't have. So good luck, I'd love to hear the outcome.

desperatedad View Drop Down
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  Quote desperatedad Quote  Post ReplyReply Direct Link To This Post Posted: 07/December/2011 at 19:44
thanks for all of the support. I have contacted a lawyer and we have prepared our case.

At first they attempted to tell me that the statue of limitations had passed (seem it all started in October 2010) however I was able to show evidence that it has continued throughout the past 12 months right up to our child custody hearing when she claimed that she was assaulted on three occasions in front of our son (another lie to try and improve her standing) - however the FM then read from the transcript of the court when she was asked if it had happened before and she said no.

iconoclast View Drop Down
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  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Posted: 07/December/2011 at 20:39
go for it desperatedad! You seem to have all the evidence; just nail her by all appropriate measures - you have a few imo. Cheers
not legal advice

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