Benhayon v Rockett defence updates – late 2016Posted: October 18, 2016
*22nd December – ❅ MERRY CHRISTMAS DUCKIES! ❅
*14 December mega update – amended claim, amended defence, senior counsel on board. Donate! Watch the 30 minute update video, or click below to read a short summary.
*18 October 2016 – Benhayon has added to his claim. The plan from here.
*22nd December – Have a great Christmas
It will be full Bacchanalia for the bunker team and our loveys.
Yep, it’s been a challenging year for a lot of folks, which is never helped by the misanthropic carryings on of the unisex Sons of God.
Need I say, I’m more than happy to be critical of bullshit, whatever brand it is. But I don’t share UM’s jaundiced view of humanity, and their repeated insistences the world is a frightening and hostile place. It’s not my experience. This year proved to me again how kindness and care can come from the least expected places. There are people who care about you all – whether you subscribe to UM or not, who are helping you behind the scenes in ways you’ll never know about. Quiet ways. Making donations, even though they don’t know anyone involved, but can see what’s happening.
People you and I have never heard of or met, calling in their contacts, trying to get me help, and by extension all of you. The very accomplished humanitarian who called and gave me a personal referral to a top rung SC.
Thank you to everyone who has helped – in whatever way they could.
It’s a very special thing to care for people, to take genuine action toward liberty and justice, and to go out of your way to help others. It’s the absolute antithesis of any of our experience of the petty, pathetic posturing of UM’s prize paranoids. They who label those working selflessly and diligently to help us all ‘Astral’ and ‘loveless’. Whose every move is stage managed and photoshopped, and whose hollow pretences at ‘integrity’ are nothing more than a perverse parody of the real thing.
I’ve seen the real thing. I had the good fortune to see and know the real thing long before I came across UM, which may be how I knew how to spot cynical fakes. Whatever. Take heart!
If any of you are having a hard time this Christmas, or any time really, don’t hesitate to make contact. You and your loved ones are the reason I’m doing this. Remember there are people far beyond me who care.
❄️ ☃️ 🎄 ✨Now have a very merry Christmas!✨ 🎄 ☃️ ❄️
With my advice – make it pranic to the max! 🥂 🕺🏽 💃🏻 🍾 😜
14 December 2016 – amended claim, new member of my legal team, fundraising, appeal for books, the UM accountability trust, plan from here – blogging & media coverage.
My apologies all for delays with promised updates. It’s been a very busy time.
Defamation recap & expanded claim
November 2015, Benhayon filed a defamation claim with the NSW Supreme Court over a blog post I wrote, three comments I wrote on that blog and one tweet.
I filed a defence in February, and in May, Benhayon made a submission to the court to have my contextual truth defence struck out. My team successfully opposed and Benhayon’s submission was dismissed. On August 30, Justice McCallum gave her reasons for dismissing the submission in the judgment published at this link: https://www.caselaw.nsw.gov.au/decision/57c4fb60e4b058596cb9ef63
It’s worth reading, particularly from paragraph 10.
In September, Benhayon expanded his claim and is now claiming I’m liable for damage to his reputation for publishing one blog post and 17 tweets. I filed an expanded defence – triple the size of the previous, on November 29. I can back all my public statements about UM with facts and evidence, and that’s what we are taking to trial.
New member of my legal team
Benhayon is represented in proceedings by two barristers. One of those is a senior counsel (SC), also known as a silk. An SC is a barrister recognised by their peers for their experience and skill, and the position allows them to charge a higher fee than their junior counterparts.
The good news is a senior counsel has joined my team and will represent me at trial. His name is Tom Molomby SC – a highly experienced barrister, who has acted in numerous, prominent defamation and criminal cases. Mr Molomby is an author, whose written articles on legal matters, and non fiction books about murder cases, including the Hilton bombing. He was a broadcaster for ABC Radio and he used to present a program called ‘The Law Report’.
The original plan was that I would conduct the trial myself. There was no choice due to lack of funds. I’m still willing and prepared to represent myself at trial if necessary, but it’s an understatement to say that having an SC represent me is vastly preferable. I’d like to thank Benhayon for providing me with this great experience of working with Tom Molomby – another of the incredible people I’ve had the good fortune of meeting as a result of investigating UM.
Given the high profile of this case, I wouldn’t rule out at least one more barrister joining my team and representing me at trial.
Despite Benhayon’s expanded claim, the defence is still on budget, thank you to everyone who has donated or helped with a loan.
I need to raise some more funds from now through to the conclusion of the trial for some legal bills and disbursements etc. I estimate we’ll stay within or very close to the original anticipated budget. I’m not trying to raise an impossible amount of money, but I am trying to do the impossible – that is project manage a defence for a massive trial, plus provide & manage masses of evidence we’ll be taking, make ends meet to keep a roof over my head, deal with the press, informants, people worried about loved ones in UM etc. and probably the most difficult of all – manage the bills and raise funds.
So if you value what I do, and you want to see the facts and the evidence about Benhayon and UM examined by the Supreme Court please help me raise this last amount of money. The time is now. This is the best opportunity we’ve had, and there will not be another chance like this. I now have some of the best legal expertise money can buy motivated to defend this case all the way. None of this happened by accident. It comes down to a huge amount of hard work – done by me. There’s a lot of support and interest in this case, but it hasn’t converted to funds. I need your help to do this defence justice.
Donate via the PayPal button at the top of the page or contact me for my bank details. Get in touch if you have questions about the funding.
It would help my legal team to have spare copies of Benhayon’s books to refer to in preparing cross examination etc. Please get in touch if you are able to donate any copies.
Protecting my publications
I’ve organised a Universal Medicine Accountability trust committee with legal agreements in place to take copyright ownership of my blogs, and my archive of investigation findings and evidence, in the event that anything should happen to me. This is to ensure that my publications about UM stay online. The trust will oppose any legal applications or other attempts to take my work down if I’m incapacitated, or someone decides to expedite my next reincarnation as a dairy loving pranic battle-axe.
Timetable and plan from here
The case is listed again on February 3rd. I’ll update on that. It may just be a directions hearing, but I’ll certainly let you all know if there is to be another argument. After that there are a few more procedural steps until trial. The trial won’t take place until 2018 and we estimate it will be at least six weeks. At this point I’ve elected for trial by jury. The court has half confirmed this, but there seems to be some glitch with getting full confirmation paperwork.
Updates will continue. I will continue blogging about UM. Expect follow up posts on the UM charities’ issues with regulatory authorities. Universal Medicine continues to infiltrate legitimate community initiatives – including those targeting children, cancer patients, the elderly and terminally ill. The grubby Girl to Woman Festival is running in Lennox Head again in January – a commercial event pretending at being a community initiative – where Esoteric Breast Massage promoters slap makeup on little girls.
There’s a very strong interest in this case among Sydney’s legal fraternity, and the media is still intensely interested in UM’s activities. Information is still coming in. None of it gets prettier. I might not be blogging as much, but I’ve been taking more calls than ever.
If you’re new to UM, I’ve published plenty since 2012, and all of it is still online. Nothing will come down without a court order, and I will fight all the way to make sure it all stays there. If you’re new to the Benhayon v Rockett defamation case check the previous update posts for more details on the case.
The process for hearing defamation claims
Defamation law is very technical, so I usually post a lay person’s summary of how it works.
To reiterate. Defamation occurs when something causes a negative impact on a person’s reputation. A defamation claim is when a person claims to have been defamed by another person’s published statements. The court decides whether the claimed defamatory meanings can be understood from the published words; whether those meanings are defamatory of the plaintiff; and liability for damage to reputation. If the court finds the plaintiff was defamed, it examines whether the defendant has legal defences – in other words legal justifications to use the words they did. For example, one legal defence is that the statements are substantially true.
All of those determinations are made by the court after the claim and all the pleaded defences are heard at trial.
Australia’s defamation laws are known to be a bit archaic comparatively, however, the court does attempt to strike a balance between protecting individuals’ reputations and protecting free speech in the public interest.
MASSIVE THANK YOU 🎄
Thanks to all of you who’ve supported the effort. Funding to trial is within reach, but I need your continued support. We now have a top notch legal mind in Tom Molomby SC taking this to trial, which is wonderful news to deliver to you all in time for Christmas. I need to raise the last bit of funding to make sure we can take this all the way. If you value the work I’ve done and want to ensure this gets the hearing we’ve been seeking, please donate. Every contribution helps!
18 October – expanded claim to be met by an expanded defence
It’s now nearly a year since Benhayon filed his claim alleging I am liable for damage to his reputation with five (later, four) publications.
On September 14, Benhayon added nineteen tweets to his claim making a new total of 23 allegedly defamatory publications.
My legal team will amend the defence in response, and I’ll provide a further update in the next few weeks regarding new additions to my team.
Many of you are aware that, in May, Benhayon applied to have my contextual truth defence struck out. That application was argued in court at the second listed hearing. The judge dismissed his application – ruling in my favour – and the judgment was handed down and published online on August 30. Read it here: https://www.caselaw.nsw.gov.au/decision/57c4fb60e4b058596cb9ef63
Benhayon’s expansion of his claim has delayed proceedings, and a lot of work and a few procedural steps have to be undertaken to get us back to the stage we’d reached at the end of August this year.
I won’t be blogging as much from here on, and you will notice comments are now closed on the blogs. I think we can all agree that I’ve published plenty of research and analysis of Universal Medicine since late 2012. That’s all still online, and will remain there unless Benhayon is granted a court order to remove it. Readers have similarly had ample opportunity to make comments. You can still do so on Richard’s blog or the Rick Ross forum. I’ll still continue to monitor UM’s activities, and the contact forms and my contact details are still online. I’ll continue to post defence updates. From here, my priority is to expedite proceedings to trial – we want to avoid any more delays.
The upshot of Benhayon’s action is that it’s increased my public support. Thank you to all of you for your kind messages, donations and loans. Some funds are still needed to help me get to trial – not a prohibitive amount – so please donate if you value the work I’ve done and want the case to get the hearing it deserves.
There’s a Paypal button at the top of the page, or contact me for my bank details.
I included a rundown of how defamation proceedings are tried in the last update. Keep an eye out for another update in the next few weeks, and be assured I’m more determined than ever to make sure all the evidence is examined in court.