Saturday, December 28, 2013
What's in store for Kent Parker.
It seems the reserved Judgement is unlikely to be released this year leaving Kent the unwelcome opportunity to consider his 'fate' longer than he might have hoped for. The delay in itself is very interesting and something upon which speculation might be built. I personally think the Judgement may in some ways be a landmark. The reasons for that are numerous. First of all it's unlikely there has ever been a sustained defamatory attack of this nature and over such a long period of time before in New Zealand. Additionally, the fact that the offences took place on the internet as well as else where will likely be giving The Court pause for thought.
Kent, like all the sisters, has shown a remarkable ability to shoot himself in one foot then the other. It would be only a naïve sister who would consider that Kent's undertaking to the Court to take down his hate-site, only to do so and then reinstate it, would not have been brought to the Court's attention. There may in fact be definable elements of Contempt of Court in those actions. Whether that is the case or not, Kent has demonstrated how far he and the sisters are off the planet once again by showing their 'concerns' for justice actually, and at will, become straight out law-breaking. If Kent, wanted to further aggravate his situation (as if it needed it,) then misleading the Court was a good choice. How he might imagine that the Court would happily be deceived and not response was about as silly as the sisters swallowing the cover up of Robin Bain's suicide. That is not the point here however because Kent has 'successfully', along with Aunt Fanny and other dimwits, managed to get himself, The Herald, TradeMe and Fairfax sued - and in style. They alone have been singularly responsible for 'cyber space' starting to be 'clean up.' It was they and others that thought 'cyber space' had no borders. The word space must have confused them by comparison to the great empty space of their own minds where any bewildering thought could take flight and somehow become real.
The only thing real now is their fall to earth, and contemplation as to 'who else' will be legally brought to task. These, I think, could be observations contained in the Judgement when it is finally released. A construction, or definition, spelt out in simple terms not only of the damage done by Kent and the sisters but where those borders and boundaries of cyber 'space' fit within conventional Law to the point it is finally realised the reason why daily newspapers don't post anonymous attacks, or indeed threats, anticipating that it is legal. Or indeed why, they don't simply publish as 'facts' something which they read elsewhere, heard 2nd hand or indeed print anything that can't be established without doubt as being true. As I have written before, I had these conversations with Kent earlier. The fact is I also had them with TradeMe in particular as long ago as 2009. Nothing has changed about the 'argument' only the acceptance that legal precedent and principle have always applied in cyber place and that it was only 'space cadets' without boarding passes who were unable to understand that.
So what is in store for Kent Parker is literally unknown, he may have fled, may be thinking of doing so, pulling some psychiatric stunt who knows. He could simply be anticipating his fate feeling like a martyr without a real cause beyond his own aspirations. What is in store for the rest of the community is the possibility of a 'growing up' of use of the internet. Possibly 'class' actions against Facebook and others who for many years attempted to absolve themselves of their users care with a type of self-indemnity that is showing cracks and continuing to splinter. In that respect Kent Parker inadvertently may have done a good thing,