- Dec 27, 2016
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Sorry disagree on this one, IMO the sleeping bag is crucial. Where it is, who has had it, what they find on it or in it.
Perhaps CS either wet the sleeping bag or vomited on it. Although she was wearing a nappy, TK may not have changed the nappy for ages.The strongest evidence against him is that Cleo was found in his house, the sleeping bag is really only interesting for the fact that it's missing. Why would he get rid of the sleeping bag?
'he has spent the last week distraught after people threatened to run him over, burn him alive and shoot him.'WA man inundated with hate after being wrongly named in Seven’s Cleo article
Lawyers representing the man wrongfully identified by Seven Network as Cleo Smith’s accused abductor say it’s the worst defamation case of its kind they had seen.www.watoday.com.au
'the cap on damages for defamation cases in WA was a bit more than $400,000, but that did not include possible aggravated damages.'
I wonder if what happened at Ch 7 with them getting the wrong bloke.
Did they just do something really stupid like get confirmation from one of their Police sources, that the Kelly bloke they had arrested had dark skin, dark hair and looked Aboriginal. And then just decided to run with the first or only Kelly on facebook that appeared to live in NW W,A that had a first name of one of the variations of the spelling of Terrance? Thinking that there was at least a 50:50 chance they had the correct bloke, and that being first to picture the accused was worth the potential cost of a defamation lawsuit and any reputational damage down the track for if they had the wrong bloke.
They probably calculated the potential reputational damage, or impact on their share price as immaterial.
I envisage that the person(s) who were involved in the publishing error, also probably thought that they would not lose their job or suffer any professional consequences as a result of the error. They might have been more worried about the repercussions from their employer/bosses for if they had the right Kelly all along and refused/decided not to publish the Kelly they had, and then were beating by another outlet to have the first pics of the accused up on the internet.
Have they checked the local cash convertors, it's probably sitting on a shelf...
How do you know she was wearing a nappy?- at four that is less likely than likely, my thought re the nappies is they would be used if she was kept in one room and not allowed out. Would be interesting to know if she wore a nappy at night it is possible.Perhaps CS either wet the sleeping bag or vomited on it. Although she was wearing a nappy, TK may not have changed the nappy for ages.
They'll have liability insurance. Suspect CH7 wont even use their insurance, they will settle out of court (if they are smart).
Nobody deserves the crap the other Terry Kelly copped. It is a direct result of CH7 incompetemce so they are liable. He is entitled to the 400k maximum compo (less legal costs) easily IMO and it should be a quick process.
You're right, there wasn't mention CS wore a nappy. There was just talk of TK seen buying them at the shop.How do you know she was wearing a nappy?- at four that is less likely than likely, my thought re the nappies is they would be used if she was kept in one room and not allowed out. Would be interesting to know if she wore a nappy at night it is possible.
Oh boy, Dave Gilbertson is on this, he won't fcuk around! I assisted him many years ago when he worked for another firm on a similar case.
$400k will be a starting point for him as he'll have a page of possible related aggravated damages; loss of future employment opportunities/income, ongoing psychological impact requiring counselling and causing erectile disfunction etc. etc.
He's already on the front foot publicly announcing the old 'worst they’d ever seen' claim - good stuff..!
Well if the media don’t bugger off and stop whipping up rumours and gossip, something may well happen if people feel this is the way they are expected to react.The neighbour of Cleo Smith’s accused kidnapper explains why he is moving out
Terence Kelly’s neighbour is still trying to absorb the shock of what allegedly happened next door and fears what may be yet to come.7news.com.au
A third is a general ball park figure.How much % would he take in legal fees? Should be easy to negotiate. CH7 wont want a civil suit.
How much % would he take in legal fees? Should be easy to negotiate. CH7 wont want a civil suit.
Its not so much about the sleeping bag, its more about where it is.
not a bad payday for the complainant, probably the best one he is likely to see, $300k in his pocket would set up his young family and would probably be fair. If it drags on, the only ones to win will be the lawyers, highly likely he is not across every I and T in the contract he would have signed, so best to accept a fair payout and move on with his life.At the risk of sounding ambiguous there are a few variables with financial outcomes in defamation cases - but I wouldn't imagine too many QC's getting out of bed for anything less than 15% of the final settlement, assuming their costs are also paid for by the defendant...
not a bad payday for the complainant, probably the best one he is likely to see, $300k in his pocket would set up his young family and would probably be fair. If it drags on, the only ones to win will be the lawyers, highly likely he is not across every I and T in the contract he would have signed, so best to accept a fair payout and move on with his life.
so what you are saying is, lawyer will be doing his best to line his own pocket at the expense of the victim - I guess that is how it goes, and why I am saying is that the complainant should say get me $300k in my pocket as quickly as possible, then we are done.Knowing Dave - he and his team will spending day and night researching every media article 7West had published for 10 years, looking for any redactions/retractions/amendments/apologies etc. Then they'll be researching 7Wests policies and protocols, staff training and hiring practices, office culture, remuneration structures and incentives, 7Wests recent and/or previous formal or informal defamation claims and settlements etc. They will be compiling a list of former staff, the reasons they left etc. looking for future witnesses supporting poor workplace culture and/or incompetence...
In terms of a proposed settlement for this, it's likely he'll start at about 3 times the maximum mandated penalty for such an 'infraction'..!
Accordingly, if Terry Fowler expects a short outcome with a quick payout, he's hired the wrong bloke...
From the Twist headline, if you did not happen to see the finer print you might be expecting a real 'twist' and not a clickbait 'twist'.
A real twist like
- sleeping bag never left Cleo's family house for the camping trip.
- sleeping bag found left by anonymous on Cleo's families house front door step.
- sleeping bag dropped off to Carnarvon Police Station
- sleeping bag found at a Carnarvon swap meet, with a Bratz doll inside of it
But no.
The surprise twist is that the sleeping bag is still missing.
The West trying to outdo the Daily Mail.
Not sure about the choice of the other 2 front page articles in the West today.
A coincidence?
View attachment 1278167
Below is from thewest.com.au today
View attachment 1278163
so what you are saying is, lawyer will be doing his best to line his own pocket at the expense of the victim - I guess that is how it goes, and why I am saying is that the complainant should say get me $300k in my pocket as quickly as possible, then we are done.
If that was me as the complainant that would be my direction anyway because no matter how good the lawyer is and how long it drags on, at the end of the day that is probably the best he can expect to end up in his bank account.
Am I right here?
“Every morning, (he would) ask them what they think of Cleo being kidnapped.He wanted to hear what other people think (about) what’s happened to Cleo.
Lol, omg. They pictured the wrong bloke, it wasn’t done maliciously and history has shown very very very clearly he’s not THE Terry. I’d struggle to believe this mistake will affect his employment, business or any other relationship one iota. I also struggle to believe the man pictured actually suffered any substantial loss.They'll have liability insurance. Suspect CH7 wont even use their insurance, they will settle out of court (if they are smart).
Nobody deserves the crap the other Terry Kelly copped. It is a direct result of CH7 incompetemce so they are liable. He is entitled to the 400k maximum compo (less legal costs) easily IMO and it should be a quick process.
Lol, omg. They pictured the wrong bloke, it wasn’t done maliciously and history has shown very very very clearly he’s not THE Terry. I’d struggle to believe this mistake will affect his employment, business or any other relationship one iota. I also struggle to believe the man pictured actually suffered any substantial loss.
If he sues, and that’s if he stumbles across an ambulance chaser Lawyer, C7’s legal team will gaff them and he’ll end up with his signature being on an NDA and about $28
The found an abducted 4yo locked in his house and he can't afford a good lawyer. I don't think it will be a difficult conviction.