DEFAMATION CLAIM AGAINST DARBY
On 9th December, Michael Darby
posted the following:
Number three in the Ukqwitt Register is animal liberationist Ralph Ukqwitt Hahnheuser, the saboteur and enemy of Australian rural industry, who in mid-November 2003 conducted a terrorist raid against the Kobo Feedlot in Portland, Victoria, where he contaminated sheep feed by the addition of shredded ham. That action delayed the shipment by three weeks. Let us hope that the legal system finds a way for Ralph Ukqwitt Hahnheuser to pay all the costs involved.
Mr Hahnheuser evidently took exception to the post and has threatened to sue Michael Darby over it. Below is Michael's reply:
Dear Mr Hahnheuser
I have not yet seen your email because I have been travelling, but the gist of it has been communicated to me by telephone.
As a matter of policy the Darby Report is willing to publish correspondence from individuals whose opinions differ from the views expressed in Darby Report articles, so in a spirit of fairness I intend to publish your correspondence.
I understand that you are threatening to commence defamation proceedings against me and against Dr. J.J. Ray unless material which you describe as defamatory is removed from the internet.
There is a well-accepted procedure in circumstances where an individual asserts that he or she has been defamed. Accordingly, I recommend that you take this action:
Write to me quoting the statement which you assert is defamatory.
Specify the defamatory imputation which you assert may be drawn from the statement.
Show how the statement is other than fair comment on the activities of an individual who seeks notoriety.
Show how the statement is false or misleading.
Show how you have been harmed by the statement.
I invite you also to provide evidence of your expressed opposition to acts committed by animal liberationists which have been violent, destructive of private property, harmful to individuals, reckless or irresponsible, so that I may have an opportunity of making a reassessment of your character for the benefit of Darby Report readers.
I take this opporunity of wishing you happiness at Christmas, and I encourage you to respect the rights of others in the New Year.