Some will remember the recent press leak proclaiming that Karam had to release details of the legal aid he had received. On closer scrutiny of course the ordered disclosure was for the amount of legal aid granted, not the details. That amount was already on the public record so one could say that the victory was similar to Parker wanting to release material that proved he was a moron but the Court ruled that there was need because it was on the public record. But who can deny Kent just a little bit of breathing room, at least now he can say the amount on the public record is exactly the same as the amount to be disclosed, small things can be greatly appreciated by very small minds which possibly explains why Kent likes to make car noises, interspersed with the sound of indicators as he walks about the High Court vroom, vroom, indeed.
Perhaps concentrating on that is the reason he forgot to turn the leaking tap off because that leak has spread all the way to yours truly and while I shouldn't be naughty and read the details, or share them, I just can't help myself. Firstly, I was fairly angry with the situation as it is revealed in the judgement but I have been counselled not to be upset by the antics of a mad man. Of course this case will largely pay it's own way, assuming Kent is able to do so because he's sunk without even bubbles tracing on the surface.
The reasons for my disquiet is that Parker and Purkiss were ordered to make certain disclosures but did not obey. In the normal course of events one would be entitled to the belief that they were showing contempt of the Court. Particularly so, because they later pleaded ignorance of what was expected of them yet they had sought to negotiate what the order meant and also endeavoured to turn it into a lottery of sorts where they suggested they would release certain documents if Karam also released certain documents that weren't part of the discovery. At first I thought the Court's response was too subtle and engaging with the defendants on the wrong level. However, I came to realise the Court had configured a bottom line with Parker and Purkiss which by their own admissions they can't avoid.
The Court acknowledged the long delays caused by Parker and Purkiss because their legal incompetence, an 'incompetence' in my opinion which has been in part deliberately orchestrated by the two men - mocking the Courts and the Justice system. By way of mitigating their situation, accepting the inevitable, the pair volunteered they would commission a lawyer to act on their behalf. The Judge seized on that and I have doubts that any more prevarication will be permitted. The trial is to go ahead by Judge alone for the very simple reason that it is straight forward and a resolution will be reached in good time. That alone, doesn't seem to be obvious to Parker and Purkiss or I'm sure it would be predicted that they would be squawking and wailing at length, imagine it as the pair compliantly approaching their own legal demise - naturally suspicious but confident in their own stupidity.
The material under discovery relates to the substance of the hate-sites, who set them up, the personnel, communications between them, material deleted from the site and the material kept inside the inner sanctums, press releases, even in relation to Purkiss communications to and with administrators of the Trade Me Message Boards. In effect, all the material between Purkiss, Parker, O Brien, Curran, Cochrane and a host of others. Of course some of that material by its nature will disclose the stalking, hate campaigns, and machinations toward encouraging or breaking the law. The extent ranges even to drafts, editorial or broadly 'other content.' This is fantastic stuff for an observer that has borne some of the brunt of the ill will and evilness of the hate-sites. It has been long obvious to me the links between ex police, and others were misinformation has been distributed in a manner contrary to the good maintenance of the Law. Whether Karam has that in mind or not the public will benefit by seeing Parker and Purkiss and along with their confidants exposed. Included is all emails and other correspondence relating to the Sunday Star Times article published in that newspaper on 20 December 2009 wherein were contained, among other things I recall, Purkiss's threats against both Karam and David Bain. Good stuff folks.
The Judge notes that Parker and Purkiss bartering with the plaintiff over what would be released in return for Karam releasing material not covered by discovery was improper. We know that has caused delays, and causing delays by improper conduct are going to weigh heavily around the necks of the twin headed moron constituted by 2 half wits by the name Parker and Purkiss. The Judge points out that 'there was no basis on which to resist the plaintiff's claim.' He states that 'the fact that the defendants are unrepresented makes no difference; the obligations on discovery are clear and not difficult to understand. I make an order that the defendants pay the reasonable costs and disbursement associated with the application.' Which I now concede is not subtle, rather a blow from a hammer wrapped in judicial cloth and no less.
The Judgement goes onto consider applications for discovery by the defendants which all fail save for the release of information all ready in the public forum as referred to at the outset here. But is the nature of the failed applications that truly betrays the disaster Parker and Purkiss are facing. The reference to 'fishing' in the press release likely leaked by Parker is made evident in context of the entire proceedings to my mind. Parker and Purkiss only now look for information to nullify the charges they face, rather than long before they published them. In other words, they never had proof of their claims at any point, yet, mindless fools they be, they confess as much by asking for the plaintiff to provide information which they have no proof exists. That's where they are folks, right up the creek, admitting they have no evidence but that they 'believe' it exists somewhere. Bewildering insanity.
It's of interest that some nutter emailed a 'let God strike you down' missive to me yesterday. Some little time before the leak herein featured on the doorstep. Nutty people folks, real nutty and dangerous. And so it shows in the judgement, 'Mr Parker submitted that the plaintiff should be required to discover any document that might help prove the truth of the statements made that are now the subject of the proceeding. While understandable from a lay perspective, this position does not reflect the correct approach to discovery in a defamation case.' In other words Parker can't prove the essence of his allegations but he hopes that Joe Karam can, I'm sure he does. However, the problem is Kent and the others big mouths and bravado, no matter how far they might try to dig now it's all too late, the ship has sailed. No use for them to plead for Karam to turn it around and come back so that they might check his pockets 'just in case.'
For the assistance of the two dimplots the judgement points out the true order of things 'Under s 38 of the Defamation Act 1992 where a defendant alleges that statements of fact that are subject of the proceedings are true he or she is required to give particulars specifying "the facts and circumstances on which the defendant relies in support of the allegation that those statements are true.'" Kent could merely be confused as to whether he is the plaintiff or the defendant or it may go to the root of the insanity which grips him. Kent, you are the defendant, your obligation as I wrote to you about years ago was to ensure what you were saying was true or your little white bum might get sued. How tragic, and unattractive.
Almost as tragic is the insane legacy Parker has sought to bequeath to the world. In March 2012 the defendants applied for an order on whether or not that 'words' were reasonably capable of bearing the meanings pleaded by the plaintiff and whether the particular meanings were properly pleaded. Fundamentally, space cadet Parker, hoped to convince the Court and the world the true essence of a word was contained in the mind of speaker or writer. Indeed, a space cadet, could say 'you are a crook' but actually mean something else despite the common acceptance of the word crook and in particular the environment of the speech, its origins (in this case a hate-site) etc. Absolute pure madness. If I've ever felt some sympathy for Purkiss it's gone out the door, anybody that would support a pleading of such nonsense is as mad as the submitter.
It followed that Parker and Purkiss tried to claim that costs had been agreed to lie where they fell after the recent unsuccessful settlement conference despite the reason no logical reason why Karam's counsel would agree to such a thing. However, Parker has hung his hat on the claim and will be required to give evidence on the matter later. From that conference came a 'commitment' from Parker to agree to the trial taking place as soon as possible. All this of course with him having in mind how to escape costs and apparently unaware that the trial was rapidly taking shape despite his attempts at delay.
To the nuts and bolts: Joe Karam's counsel has indicated 3 days as the duration for the time needed to present the case at trial. Parker, how unsurprising, was unable to give an estimate but here his earlier work traps him. Parker submitted that he was expecting to retain counsel to prepare for, and conduct, the trial. The Judge ordered another conference of 1 October and states 'The defendants' counsel is to appear at that conference and be in a position to accurately assess the time required for the defendants' case.' I think that statement has drawn a line in the sand, it is clear, Parker has agreed with it, in fact it was his suggestion to escape further scrutiny and embarrassment at the hearing. Indeed it will be what will hang him if he doesn't obey.
The public deserve to see the proper administration of the Law and whilst I said at the outset I believed Parker and Purkiss were unnecessarily indulged, in fact trusted, by the Court it looks like that situation is over. There is a lot public interest resting on this case, for the plaintive of course, but also in the wider interests of a just and lawful society. Parker, Purkiss and the others have freely broken not only civil law but criminal law and I can't wait for the hens to come home to roost for these hate-campaigners. Our society deserves more than hate sites fed by crooked cops and twisted news media. People have their rights of privacy, but more to the point children have the right to be protected from nutters like these two, Christine Williams, and the other sicko witches.
You've necked yourself Kent. Good job in my books.
Thanks for sharing this.
ReplyDeleteNow, do you think Kent and Vic have also shared it with their loyal members, so they know what is coming and what they are up for? Or do you think they are keeping them in the dark so they can say "we are not the only morons, there are 566 more morons who have stuck by us"?
He certainly has necked himself. I am looking forward to seeing how he will publicly reframe this as a victory. And, for that matter, to see who he will find to represent him. Will it be the experienced media law expert he has crowed about earlier? It should go to trial now... no easy way out for Kent; it's about time he took some real responsibility instead of merely exploiting imaginary rights.
ReplyDeletemeanwhile, the members of the JFRB site are worried - as they should be. Some of them who have been kicked off for questioning the ways of their master must be thanking their lucky stars they haven't been dragged down too.
And in case anyone should pity them, or be taken in by the 'poor us' and 'we the people' rhetoric: they have had every opportunity to man up, get legal, apologise and behave like decent members of society. They chose not to.
Karam, on the other hand, has been dignified and behaved properly, despite every justification for being angry. Why did they not realise that the fact that Karam took proper steps to warn them, gave them a chance to retract, then took action, rather than trying to fight it out in the media; showed in big neon letters how wrong they were about him?
They are idiots. It would be beneath contempt and not worthy of notice, except that their use of the cyberspace and the media made them damaging idiots. Karam and the rest of David's team made a staggering achievement in the face of the considerable efforts of the police and criminal justice system. They should have been lauded, and one day will be. Instead, Karam was targeted with this puerile nonsense from puerile rabble-rousers: the same rabble who over the ages have burned witches, lynched men for the colour of their skins, stoned women for nothing and killed in the name of some god or another. Sad, pathetic, mean-minded people with an over-inflated sense of their own importance and abilities.
Even van Beynen has abandoned his persecution of David and Karam since the inJustice conference in Australia - perhaps he did learn something there after all. But Kent & Co are slow to learn, and are being consumed by the fire of their own pride. They deserve whatever is coming to them.
I think Kent's opportunity to 're-frame' anything as a victory is long gone. Those that have supported him will eventually understand that Kent tried his best to sell them out, but on the other hand some of them are so desperate they would probably overlook Kent taking their money on the one hand and betraying their trust on the other.
DeleteYes, I agree Joe Karam has acted with dignity, Trade Me have paid for their mistakes although I fear that they are such a big organisation with little common sense or valid systems that they are already allowing similar things to happen on their boards again. One particular scum bag Ralph Taylor continues sniping away where he can so we may yet see legal action taken against him or TM again in the future. He published on TM that the defence misled the Jury and TM have left it there for 4 days despite a warning about it and the hate-siter Taylor.
Perhaps Van Beynan has been embarrassed into silence. The second time in his celebrated career where he has persecuted innocent men only to be exposed as a fool. Maybe he more than anyone has cause to worry about what the unpredictable Parker may do or say next - not that the trail between the 2 isn't already obvious enough and linked to the concerted hate-campaign.
An old saying:
ReplyDeleteIf the facts are against you, argue the law; if the law is against you, argue the facts; if both the law and the facts are against you, run.
Kent is running...
As you say he probably is running at this point. He tried to argue the Law and quickly found that his version is out of touch with reality. He then tried to argue the facts, - the ridiculous words have different meanings mumbo jumbo, then when that failed - that he wasn't to blame but that it was his hate-site members, true enough. But that didn't exonerate him from his own blame as the Judgement explained and he's beginning to understand in his silence.
DeleteYour right. he is telling his supporters things that are not true. I got hold of the judgment and had a look. It's different to what he told us. He gets no more money from me. RB shouldn't be besmirched, but I don't like being lied to.
ReplyDeleteThe process is that RB's involvement had to be considered. I've besmirched him mainly because of the lies presented by JFRB about him. Counterspin is still full of the stuff, vainly trying to present Robin as saintlike - before he became unwell I'm sure he was a pleasant man, however, his situation leading up to the murder was of critical consideration in understanding this case. Putting that aside, I think you've done yourself a favour by escaping Kent. The man is a dangerous liar with concerns for no one else except himself. Cheers.
ReplyDelete