Australia Australia - William Tyrrell, 3, Kendall, NSW, 12 Sept 2014 - #25

[JLZ]

I've been reading about defamation and damages. There is a cap on the maximum that can be awarded for non-economic loss. The cap started at $250,000 in 2005 and had increased through indexation to $381,000 in 2016. Maximum only payable for really serious defamation. This can be exceeded if the court decides the circumstances warrant an award of "aggravated damages" (for example if the publication refuses to correct an error or apologise).
http://www.unswlawjournal.unsw.edu.au/sites/default/files/2_kenyon_2012.pdf
http://www.austlii.edu.au/au/legis/nsw/consol_act/da200599/s35.html

 

[Deleted member 102539]

I for my part only care for the very little girls who - "allegedly" (for legal reasons) - have suffered sex abuse in their childhood and are now grown women who never got justice until at least 2016. Nobody knows if they will get justice in the future. Even when they will get justice they never will be the same female humans who they would have been without an evil sex assault on them in their early childhood. - If the suspected male adult has some disadvantages after 30 years going on with his life in all serenity then I don't have concerns. Also I think a connection between the stoneold case of the little girls/now adult women and the abduction of little William isn't conjured out of the hat - I'm trusting our DCI Jubelin.

 

[koios]

Purely in my opinion, by studying from an armchair all the publically available reports, maps, aerial images, videos and photos, and by looking at other cases, there is a possibility, which may appear to be miniscule, but is not impossible, that this case involves no human intervention at all.

 

[SouthAussie]

I also cannot see any defamation lawsuit if MSM are simply publishing accurate details of events. Not lying, not making stuff up, just accurately reporting events as they occurred.

 

[frogwell]

bumping

 

[deugirtni]

I also cannot see any defamation lawsuit if MSM are simply publishing accurate details of events. Not lying, not making stuff up, just accurately reporting events as they occurred.

I believe I remember that even the police made a comment at one point about the media's remarks in the news. There are 'facts', and then there are reporting things in a way which serves a certain agenda. I do notice that they at least seem to be a little more careful these days, and they're definitely being watched by someone, if they are having to go back and make corrections after something has already gone live. jmo

 

[SouthAussie]

I believe I remember that even the police made a comment at one point about the media's remarks in the news. There are 'facts', and then there are reporting things in a way which serves a certain agenda. I do notice that they at least seem to be a little more careful these days, and they're definitely being watched by someone, if they are having to go back and make corrections after something has already gone live. jmo

For sure they have adjusted articles for better accuracy, and for sure the police have said be careful. This does not mean that Spedding has any grounds for a defamation case.

MSM are reporting what has happened. Both Spedding being a POI in the disappearance of William, and Spedding being up on serious child sex abuse charges in NSW and Victoria.

Publishing the unsuppressed truth does not lead to a defamation case - whether Spedding likes it or not.


ETA: Also, we need to keep in mind that the police do not want a tainted jury when they get the perpetrator to court for offences against William. This is a very high profile case. They only want the bare established facts published.

 

[ParaK]

http://www.portnews.com.au/story/4257846/child-approached-at-lake-cathie/?cs=257

Just an FYI, child approach in Lake Cathie, no further info on age or anything. Smart girl, ignore and run, scream, anything to get away from these predators. Hope the police find him.
And just a thanks to everyone for their thoughts and ideas to get William home. Hope the Police are getting closer everyday! Thoughts and strength to everyone. :tyou:

 

[deugirtni]

For sure they have adjusted articles for better accuracy, and for sure the police have said be careful. This does not mean that Spedding has any grounds for a defamation case.

MSM are reporting what has happened. Both Spedding being a POI in the disappearance of William, and Spedding being up on serious child sex abuse charges in NSW and Victoria.

Publishing the unsuppressed truth does not lead to a defamation case - whether Spedding likes it or not.


ETA: Also, we need to keep in mind that the police do not want a tainted jury when they get the perpetrator to court for offences against William. This is a very high profile case. They only want the bare established facts published.

If i was him, i'd be suing, when it's all said and done (assuming I am not involved). Time will tell. Do you really think that BS could get a fair trial over there with all the publicity he's had?

 

[SouthAussie]

If i was him, i'd be suing, when it's all said and done (assuming I am not involved). Time will tell. Do you really think that BS could get a fair trial over there with all the publicity he's had?

Well, you'd have to have a case for a defamation claim before a lawyer would take it on. And I seriously am not sure that there is a case for that, as things stand right now.

I think Spedding could get a fair trial, if it comes to that. It still astounds me the amount of people who do not know about William being missing. (How is that possible??!!) And there is always the option of a judge-only trial if his lawyer can successfully argue that a fair jury trial would be impossible.


Trials by Judge Alone
Available as of right in South Australia and the ACT (although note certain offences excluded in that jurisdiction). In the other three jurisdictions that allow judge alone trials (WA, NSW and QLD) judges have an overriding discretion whether to allow proceed via judge alone trial (although in NSW this can be avoided if both parties consent).
http://crimb.weebly.com/judge-alone.html

 

[gregjrichards]

I knew this day was coming but sincerely hoped it wouldn't happen when William's thread was moved to the 2010's section. It is very sad indeed.

 

[Bohemian]

I knew this day was coming but sincerely hoped it wouldn't happen when William's thread was moved to the 2010's section. It is very sad indeed.

Sending you much love and comfort, greg. x

 

[gregjrichards]

Sending you much love and comfort, greg. x

Thank you to you and everyone for caring about William and for posting on his thread. All the news updates and discussion is much appreciated. William will not be forgotten. We will all be here for him no matter how long it takes for a break in his case to happen.

 

[DaisyGirl66]

http://www.portnews.com.au/story/4257846/child-approached-at-lake-cathie/?cs=257

Just an FYI, child approach in Lake Cathie, no further info on age or anything. Smart girl, ignore and run, scream, anything to get away from these predators. Hope the police find him.
And just a thanks to everyone for their thoughts and ideas to get William home. Hope the Police are getting closer everyday! Thoughts and strength to everyone. :tyou:

Some more information released by NSW Police on this filthy piece of pond scum late last night - http://m.police.nsw.gov.au/news_med...vdi5hdSUyRm1lZGlhJTJGNTc5MzAuaHRtbCZhbGw9MQ==. "The man is described as being of Caucasian appearance, about 50-years-old, with short grey and white hair, a short beard and reddish skin. He was seen wearing a blue shirt. The vehicle in the incident is described as being a white small-to-medium, older-style car and may have a red light or reflective strip on the side of the car." Hope when they find this low-life they question him about little William also

 

[SouthAussie]

Some more information released by NSW Police on this filthy piece of pond scum late last night - http://m.police.nsw.gov.au/news_med...vdi5hdSUyRm1lZGlhJTJGNTc5MzAuaHRtbCZhbGw9MQ==. "The man is described as being of Caucasian appearance, about 50-years-old, with short grey and white hair, a short beard and reddish skin. He was seen wearing a blue shirt. The vehicle in the incident is described as being a white small-to-medium, older-style car and may have a red light or reflective strip on the side of the car." Hope when they find this low-life they question him about little William also

Really happy to see that police also offer strategies for children to stay safe, in their public alert, if such an occurrence should happen to them.

Something similar happened to me, when I was 8 years old walking home from school. A creepy 'old' man (who knows how old he actually was) started walking with me, held my hand, told me I had pretty hair and that he'd like to take me home to show 'his wife' my pretty hair.
Quiet and scared, I was. But I somehow pulled away and ran home yelling to him that my dad was waiting for me to go someplace (he wasn't).

(I didn't tell my parents for years, because I had been told not to talk to strangers or accept lollies from them. Neither of which I did, but still ..... And I still recall the incident all these hundreds (lol) of years later, it shook me up that much.)

 

[Estelle]

I had understood that to be the case as well, however at the same time, doesn't it seem that most that we hear about seem to be attracted to the same type in most cases, ie a certain age group, a certain sex, even though prepubescent?

I would predict that it is not the gender of the child, but the easy availability to young children whatever gender they are.

 

[frogwell]

Question /opinion. If it is discovered that WT's disappearance was motivated by custodial issues and family matters, do you think the public has a right to know about this?

 

[SouthAussie]

Question /opinion. If it is discovered that WT's disappearance was motivated by custodial issues and family matters, do you think the public has a right to know about this?

My opinion .... no.

We have a right to know that William had been found and was safe, but William continues to deserve the privacy that every child deserves in these matters. And so does his sister.

We do, however, have a right to know that it was not the intervention of a stranger (and, so presumptions would be made) so that the local parents can be aware of that.

 

[bearbear]

If i was him, i'd be suing, when it's all said and done (assuming I am not involved). Time will tell. Do you really think that BS could get a fair trial over there with all the publicity he's had?

i would be suiing too, if i was innocent, so does make you wonder if bs is innocent why isnt he suiing?

 

[Bohemian]

Really happy to see that police also offer strategies for children to stay safe, in their public alert, if such an occurrence should happen to them.

Something similar happened to me, when I was 8 years old walking home from school. A creepy 'old' man (who knows how old he actually was) started walking with me, held my hand, told me I had pretty hair and that he'd like to take me home to show 'his wife' my pretty hair.
Quiet and scared, I was. But I somehow pulled away and ran home yelling to him that my dad was waiting for me to go someplace (he wasn't).

(I didn't tell my parents for years, because I had been told not to talk to strangers or accept lollies from them. Neither of which I did, but still ..... And I still recall the incident all these hundreds (lol) of years later, it shook me up that much.)

The NSW Police are being very proactive in serving the vulnerable in our society as well as providing the force that is sometimes needed to keep order.

Also thank you for being brave enough to disclose your experience, SA. Those of us lucky or aware enough to survive abuse or attempted abuse must speak up for our most vulnerable. Thank you for being yet another 'voice for the voiceless'.