Strategic lawsuit against public participation
A strategic lawsuit against public participation (SLAPP) is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.[ Such lawsuits have been made illegal in many jurisdictions on the grounds that they impede freedom of speech.
Now we ask is this not what is happening here in Queensland ?
SLAPP is a strange legal animal that typically :
- the plaintiff does not normally expect to win the lawsuit. The plaintiff’s goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs, or simple exhaustion and abandons the criticism. In some cases, repeated frivolous litigation against a defendant may raise the cost of directors and officers liability insurance for that party, interfering with an organization’s ability to operate.[
- A SLAPP may also intimidate others from participating in the debate.
- A SLAPP is often preceded by a legal threat.
In Australia the ACT has the Protection of Public Participation Act 2008 which is a good basis for defence.
A good example of a SLAPP case is the 2006 “Guns 20” case in the Supreme Court of Victoria.
Reading through the documentation one cannot help seeing all the signs of a vexatious SLAPP action. We are led to believe that the case and evidence put forward is described by their own legal representatives as “contradictory” and “circumstantial” with other comments backing up our belief that this is nothing other than a frivolous action.
For example :
The reliance on “Victim Impact Statements” as suggested by Bill Borg takes the situation away from the “Breach of Deed” first claimed.
The statement “In due time make available evidence to assist anyone wishing to pursue their own individual defamation actions”, appears to be vexatious in its application.
“The requirement to procure the computer belonging to Andrew Halton was seen as key to being able to provide evidence of those posting on the website through Halton whilst preserving their own anonymity.” So why has no further actions against others (other than the covert and insidious actions of Holland, Saunders, Klopp and co) come to the fore? Simple answer – NO evidence was discovered in their sneak morning raid.
In the original Anton Piller order “Applicants Submissions on Costs” document it states “The Application was refused essentially on the basis that while there was some evidence the First Respondent was responsible for the website and was the person posting as “The Tiler”, such evidence was not sufficiently strong to exclude the possibility that someone else was in fact responsible.” The findings of a Judge no less.
Continued action –
After investigations by private detectives and computer “experts” it had been deemed in a 227 page report by IFW Global –
The UGLQ’s understanding is that a small subsection (approximately 10 – 12 members) of their 6,000-strong membership are largely responsible for creation and operation of the offending website and its content.
This statement on the first page of the investigation report brings the question into why Halton alone was targeted – Answer lies in SLAPP .
IFW understands that UGLQ needs to confirm the real identities of those responsible for operating the www.queensland-freemasons.com website and those who contribute to the offending postings. Any information relating to these objectives may be used in possible future civil legal action by the UGLQ (trademark infringement, defamation, breach of confidentiality, breach of enforceable undertaking et al).
So again , a number of identities not just one.
It also states:
We note that certain former Directors of the BoB and other elements within their membership have alleged wrongdoing by the BoB members with the issue and subsequent corporate actions.
We understand that internal enquiry into these allegations is currently underway by UGLQ, which may include legal action, forensic audit or referral to relevant enforcement agencies if wrongdoing is suspected or found.
We know what happened there.
A Further statement by the investigators states :
In a response to a complaint letter that they received
from Freemasons Queensland, he states that Queensland-Freemasons.com does not breach ownership protocols against Freemasons Queensland, and that there are no legal grounds to
demand the transfer or removal of its website and domain. This letter was signed by a masked name which left its initials, Dxxxx Nxxxxxx. He described this letter as Our Response which could mean that this website or The Tiler himself could be operated by several members.
Plural Offenders referenced again
The report then goes further to state
We were informed on 15 December 2017 that two more potential suspect posters were identified by UGLQ. These were named as Tony Anderson and Bill Hogan. We conducted investigations on both individuals and have the following findings.
So two Brothers had been identified by UGLQ, we have to assume that would have been Cook, Fealy, Overman, Saunders, Tomlinson and Townson. Yet still the case is pursued against an individual.
The report then goes on to highlight personal and private information on the two brothers.
We also note that in other obtained documents the “Cyber Expert” states that
..is either the same person or two different people in the same physical property address but using the same Apple Mac computer.
As we are now aware with the Anton Piller search that NO APPLE MAC COMPUTER was found, no physical evidence of an Apple Mac computer, peripherals, software or anything related to a Mac was found.
The report which is 227 pages long is full of highly debatable “evidence” with assumptions so far out we might as well be on the moon in cases of proximity. The IP address location is shown as Lawnton Queensland, which in any terms is quite a way from Brookfield, about 30k. That puts about 1.5 million people between Bro Andy and the physical location.
So as we all can see the goons believe that quite a few brethren are involved with the site but produce a SLAPP action against one brother. What are we to make of this other than a bit of revenge by the goons in him taking down the kiddie fiddler they all protected further backed up by the actions of the Grand Master who promoted his lodge and had the audacity to try and pin a life presidents jewel on the Grand Sword Dangler for sending pix of his ugly. makes you wonder after reading all the documents do we have a management team of sexual deviants and real miscreants. The case seems so.