Australia Australia - William Tyrrell, 3, Kendall, Nsw, 12 Sept 2014 - #34

[SouthAussie]

Click the link, Iailwa (https://www.caselaw.nsw.gov.au/decision/5b174043e4b087b8baa89a5d)
there's an ex tempore judgment to the effect that elements of a defamation claim are to go to trial.

Interesting though that the judge said that care must be taken with applying the precedents to this case. The bit about 'because it is implied that you are a pedo does not necessarily imply that you are a criminal, if you haven't committed a criminal act' (my words).

I think Spedding's lawyer is trying to say that the DT is defaming Spedding by implying he is a pedo, William is missing, there is a search for a deceased body, Spedding is a POI ... so Spedding did it.

I know that some of us think it is possible he did it, but that is more due to the totality of things we have been told, particularly about the alibi and the apparent phone calls and his not being cleared after that. imo

 

[sosocurious]

Interesting though that the judge said that care must be taken with applying the precedents to this case. The bit about 'because it is implied that you are a pedo does not necessarily imply that you are a criminal, if you haven't committed a criminal act' (my words).

I think Spedding's lawyer is trying to say that the DT is defaming Spedding by implying he is a pedo, William is missing, there is a search for a deceased body, Spedding is a POI ... so Spedding did it.

I know that some of us think it is possible he did it, but that is more due to the totality of things we have been told, particularly about the alibi and the apparent phone calls and his not being cleared after that. imo

I am curious. Even if the S and E had not been removed or faded from the work van in those snaps. Would it have made any difference to what others think about the case?

 

[iailwa]

It was removed, by who? BS is peeved that a photo was snapped of him next to the missing S.
No fuss about the missing E in hire, though. Which is also in the pic.

I meant replace it... eek

sorry, not enough coffee yet

any ideas why he didn't fix it?

 

[SouthAussie]

I am curious. Even if the S and E had not been removed or faded from the work van in those snaps. Would it have made any difference to what others think about the case?

That is the big picture, isn't it? Because that is what a jury will decide. If that is what ruined his reputation and caused him economic loss.
And then the case may go to appeal - probably will if the media have any way they can do that imo - and any damages (or the ruling) may be overturned, if defamation is decided.

Similar to Rebel Wilson's case, where it was found on appeal that "there was no basis in the evidence for making any award of damages for economic loss".
Rebel Wilson's record defamation payout dramatically slashed on appeal

 

[SouthAussie]

I meant replace it... eek

sorry, not enough coffee yet

any ideas why he didn't fix it?

It appears he just bought a new van and got rid of the Speddo's Hire name (on the van) entirely. Just calls it W Spedding now.

ABN is still active for Speddo's Hire, though.
Historical details for ABN 57 680 698 302 | ABN Lookup

Dailytelegraph.com.au | Subscribe to The Daily Telegraph for exclusive stories

 

[Cagney&Lacey]

There is a really good interview by Chris Smith of 2GB and Gary Jubelin on day 1 of this latest search.
I'm not sure if that radio show is classed as MSM so I haven't provided link. I can do so if it's allowable.

Thanks for the clarification SA
Here's the link to the interview with Gary Jubelin last week

https://www.2gb.com/police-scouring-bushland-in-fresh-william-tyrrell-search/

 

[iailwa]

I am curious. Even if the S and E had not been removed or faded from the work van in those snaps. Would it have made any difference to what others think about the case?

it seems most think he's a pedo (due to convictions etc), so i would guess - no? I think a lot of people thought it was funny tho... in a society venting kind of way

 

[sosocurious]

I looked around last night, and I can only find one article from March 2015 from The Daily Telegraph now (not two as the case law is stating). No photo of Spedding next to his work van with the 'S' missing in that article. So, perhaps that article has been taken down until the court case is resolved.
Spedding still features in the remaining article. Spedding even commented to a DT journo in the article.

The missing 'S' photo is still locatable on Google, of course. Good luck trying to get that removed from Google.

What I find interesting in this defamation case is that he is up in arms about that photo. Yet there are countless detailed articles - by all kinds of media outlets - out there about the historical charges, both in NSW and in Victoria.

He was arrested on the historical child sex charges during April 2015, less than one month after The Daily Telegraph articles in question were published.
The grandchildren were removed by FACS from his home after an investigation into his 'treatment of children' before the articles in question were published.

Makes me wonder how any court case will go if those little details are allowed to be shown to a jury.

Is this the article you found SA?
Pic of the missing S within this article, though BS has his back turned

William Tyrell: Police ‘body dog’ joins search for missing three-year-old
Taylor Auerbach The Daily Telegraph
March 4, 2015 9:10AM
William Tyrell: Police ‘body dog’ joins search for missing three-year-old | PerthNow

 

[JLZ]

it seems most think he's a pedo (due to convictions etc), so i would guess - no? I think a lot of people thought it was funny tho... in a society venting kind of way

Convictions? As in beliefs? Or do you know the outcome of the NSW historical case?

 

[SouthAussie]

Is this the article you found SA?
Pic of the missing S within this article, though BS has his back turned

William Tyrell: Police ‘body dog’ joins search for missing three-year-old
Taylor Auerbach The Daily Telegraph
March 4, 2015 9:10AM
William Tyrell: Police ‘body dog’ joins search for missing three-year-old | PerthNow

Good find, soso. No, I found this one.

Police to dig for body of missing toddler William Tyrell
Janet Fife-Yeomans and Taylor Auerbach - March 2, 2015
We’re for Sydney | Daily Telegraph


Well, as far as I can tell then, it seems that both of the articles in question are still up there, at the moment.
I guess the DT is not going to pull them until/unless they are ordered to do so.
And they will just keep on publishing the 'offending' pic when a legitimate reason to do so comes along.

 

[iailwa]

Convictions? As in beliefs? Or do you know the outcome of the NSW historical case?

No i meant prior convictions. Does he have any? I thought he did. I am not keeping up with the legal stuff ... as u can see. I also forget stuff

 

[SouthAussie]

Thanks for the clarification SA
Here's the link to the interview with Gary Jubelin last week

https://www.2gb.com/police-scouring-bushland-in-fresh-william-tyrrell-search/

He dodged the "is this a result of a tip off" question, didn't he? Well, did not even dodge it ... simply stated that he was not going to answer that question.

"Letting go is just not an option. We have made a committment to William's family that we would do everything genuinely possible, and we will continue on to do that. And I think a crime of this nature, I am confident I am not just speaking for myself but speaking for the police in general, it is just not something that we can let go.
The family deserve answers and that is what we intend to do. Give them answers."

 

[JLZ]

No i meant prior convictions. Does he have any? I thought he did. I am not keeping up with the legal stuff ... as u can see. I also forget stuff

I forget stuff too. But no, at the time of William's disappearance Spedding apparently had no criminal record. The Daily Mail said that he was a convicted pedophile, but as far as we know that was a scandalous mistake.

 

[SouthAussie]

I’ve been checking the Victorian court lists for the past few months but have yet to see one for BS.

Do you think we could have missed the court listing? Because I have been thinking that sometimes they list cases with an unnamed defendant, for whatever reason ... maybe high media profile, children involved, whatever. And that may have happened in this case. Particularly with Spedding being a POI in a high profile missing child case.
(And who knows what other adults may be involved in the same Vic charges, it could be something to do with them ... clergy, professionals, whatever.)

 

[SouthAussie]

I forget stuff too. But no, at the time of William's disappearance Spedding apparently had no criminal record. The Daily Mail said that he was a convicted pedophile, but as far as we know that was a scandalous mistake.

Which is only our presumption. We have never been told, unequivocally, if Spedding has a criminal history or not, have we? Or if he has a rap sheet.
If that has been mentioned in MSM, I have missed it.

 

[JLZ]

That is the big picture, isn't it? Because that is what a jury will decide. If that is what ruined his reputation and caused him economic loss.
And then the case may go to appeal - probably will if the media have any way they can do that imo - and any damages (or the ruling) may be overturned, if defamation is decided.

Similar to Rebel Wilson's case, where it was found on appeal that "there was no basis in the evidence for making any award of damages for economic loss".
Rebel Wilson's record defamation payout dramatically slashed on appeal

I wonder what else is in the statement of claim, that doesn't need to go to jury.

 

[k-mac]

No i meant prior convictions. Does he have any? I thought he did. I am not keeping up with the legal stuff ... as u can see. I also forget stuff

this is how Chinese whispers become common fact.
if your not backing up extremely defamatory statements don't make them.

 

[JLZ]

Which is only our presumption. We have never been told, unequivocally, if Spedding has a criminal history or not, have we? Or if he has a rap sheet.
If that has been mentioned in MSM, I have missed it.

‘‘For a man who has no prior criminal record Mr Spedding had been caught up in a whirlwind of a criminal investigation.’’ Spedding refused bail

I think there were other examples of this being said early on.

 

[SouthAussie]

‘‘For a man who has no prior criminal record Mr Spedding had been caught up in a whirlwind of a criminal investigation.’’ Spedding refused bail

I think there were other examples of this being said early on.

Thank you. I evidently missed that. Although, maybe I have a hazy memory of it now that you've reminded me ... way, way back in the threads.

Not that it has had any bearing on my thoughts about the alibi and phone calls, or the historical child sex charges.

I truly believe that hundreds/thousands of pedos fly under the radar their entire lives. That we only ever catch the smallest percentage of them (and then give them pathetic sentences, so they can soon go and re-offend and maybe not get caught next time).

 

[sosocurious]

Which is only our presumption. We have never been told, unequivocally, if Spedding has a criminal history or not, have we? Or if he has a rap sheet.
If that has been mentioned in MSM, I have missed it.

Mr Spedding's lawyer said his client was of good character, had no criminal history and had been caught up in the William Tyrrell investigation.
"For a man who has no prior criminal record Mr Spedding had been caught up in a whirlwind of a criminal investigation," Mr Hoyles said.

A whirlwind of investigations.
I wonder if there are others investigations that we the public are unaware of.
I guess you cant have a criminal record unless you have been convicted of a crime.

Mr Spedding's lawyer Robert Hoyles told the courtroom his client would deny the charges "until his final breath" and that these were allegations that had been dealt with almost 30 years ago.

William Tyrrell person of interest Bill Spedding 'had links to paedophile ring', police allege