tag:blogger.com,1999:blog-9095270985170721876.post5810856107210491583..comments2024-03-24T23:22:43.753+00:00Comments on Tony's Musings: Law, Libel and the Pitmans: Some ReconsiderationsTonyTheProfhttp://www.blogger.com/profile/10486414706261508994noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-9095270985170721876.post-71754500944069479442013-11-09T05:56:22.743+00:002013-11-09T05:56:22.743+00:00I have received a comment from Trevor Pitman which...I have received a comment from Trevor Pitman which is potentially defamatory. <br /><br />I am therefore not posting it in its entirety until I have sought legal advice. I would note that he has cited the same matter on his blog, Facebook, Twitter, many times, and his accusations can be read there.<br /><br />I will however post that he has noted:<br /><br />"[Jurat] John Le Breton was socializing with a director of the JEP's owning company - even taking her to diner at his own home! Incredible and deeply disturbing all round"<br /><br />I would like to see factual confirmation of this, but I think it is significant enough to warrant comment. <br /><br />He has however not mentioned whether he was aware of the legal cases I cite when witnesses were permitted to be called and explain how they saw the innuendo, and in particular Tolley v J S Fry.<br /><br />I suggests he looks at in detail - the link is given - as it refers to a defamation case relating to a cartoon. It has been cited in numerous libel cases.<br /><br />The other links given are also worth perusal.<br />TonyTheProfhttps://www.blogger.com/profile/10486414706261508994noreply@blogger.comtag:blogger.com,1999:blog-9095270985170721876.post-3689341162323789662013-11-08T19:10:15.203+00:002013-11-08T19:10:15.203+00:00I believe Trevor only brought up the Jurat and the...I believe Trevor only brought up the Jurat and the previous case after they lost, although Stuart Syvret had mentioned it before.<br /><br />It should be noted that if you look at the chronology in the Sharp report, Jervis-Dykes had not been charged when remark - "there may not even be a case to answer" - was made. Hindsight is wonderful, but suppose a remark like that had been made in the Michael de Vell case? Until a case has been prosecuted, and the evidence comes out, the guilt or innocence of the accused is a matter of opinion. <br /><br />Far more important, I think, the refusal to admit evidence. They badly needed a lawyer to argue that case.TonyTheProfhttps://www.blogger.com/profile/10486414706261508994noreply@blogger.comtag:blogger.com,1999:blog-9095270985170721876.post-58095232773485725182013-11-08T18:33:29.365+00:002013-11-08T18:33:29.365+00:00This also does not take into account the Pitmans&#...This also does not take into account the Pitmans' contention that one of the Jurats was conflicted because of his involvement in a prior child abuse case which Trevor Pitman has campaigned about. That Jurat should never have been sitting in judgement.<br /><br />On a more general note, my experience of jury service is that I was always convinced of the defendant's guilt after hearing just the prosecution case. But as soon I heard the defence counsel, especially if they were skilled, I changed my mind again.<br /><br />What has been happening in Jersey recently - both with Stuart Syvret and the Pitmans - is that they were not even allowed to submit their full defence because their evidence was disallowed by the court, erroneously it seems.<br /><br />Neither the court nor the public are being exposed to the full defence case which, if presented by a skilled and attacking barrister, would probably destroy the prosecution in both cases.<br /><br />Justice is neither fair nor transparent in Jersey.Rob Kenthttps://www.blogger.com/profile/04019654918054950571noreply@blogger.comtag:blogger.com,1999:blog-9095270985170721876.post-44135299390041521982013-11-08T17:43:50.495+00:002013-11-08T17:43:50.495+00:00I took it that the "4x the salary darling&quo...I took it that the "4x the salary darling" was a reference to the salary multiplier that Broadlands uses to ascertain how large a mortgage is affordable. Trevor seems to have taken it as implying that, since he and Shona were now in the States together, their joint "salary" was now 4 times what they had before.<br /><br />Both are defamatory (assuming the Pitman's idealism and integrity is legit) but one is much more so than the other (and is factually untrue too).<br /><br />It was dirty of Broadlands and the JEP to print something ascribing avaricious tendencies to "opposition" politicians without a balancing cartoon suggesting that more right wing politicians were in it for the favourable business influence/directorships etc they could accrue. Nick Palmerhttps://www.blogger.com/profile/05360924308743466075noreply@blogger.com