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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42658
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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The alleged defamation was a lengthy response by me put on a

Customer Question

The alleged defamation was a lengthy response by me put on a website for a couple of months. I referred to him as a fraud and a liar in this post. Everything I said was backed by facts and the subject was research fraud by the other party which I clearly proved and could have had an impact on his reputation and business. I have since taken this page down. The only reason I took this action was because the other party first defamed me by calling me a fraud and liar in a public South African coin forum. (He was challenging my research related to coins and actually produced a PDF which he sold on BidorBuy in November 2015 where he calls me a liar.) So my response was initiated by his clear defamation against me in this public forum and the only reason I posted my comments on this web page in about March 2016. Those posts by him date back to late 2015 and have since been removed by the moderator. In fact the moderator has a post in that coin forum warning him about defamatory posts. His last defamatory post (since removed) was just weeks ago. So my question is, as he initially defamed me how would that be viewed in the event I am apprehended by police? Is there any way I can check to see if the South African police have a case open against me, and in the remote chance I was detained at the airport would that impact on the whole holiday - is it just the initial action? ie would I still be free to travel as planned, retain my passport and what would be the situation when I wanted to return to Australia? Scott Balson

Submitted: 4 months ago.
Category: Australia Law
Customer: replied 4 months ago.
Finally in case I need to who can you suggest I contact to be on call when I arrive
Customer: replied 4 months ago.
My intent was not to defame him but restore my damaged reputation resulting from comments he made about me.
Customer: replied 4 months ago.
I have loaded the page in which I responded to Nortje for quick viewing (it is a secret link - ie Google won't find it - only you know about it): http://tokencoins.com/nortjpvt1.htmYou will note that I start by clarifying what research fraud is then demonstrate below that that is what Nortje does - using his PDFs that he published for sale on BidorBuy and then exposing the frauds.While I spent 30 years of my life researching and resulting in my rewriting this early history of numismatics in 2006, Nortje simply plagiarised selectively over a couple of weeks to reach an outcome meeting his predefined goals. This will be self-evident from the link above. The timing of his assault against my credibility in late 2015 was the launch of Morgan Carrol's new S African coin catalogue which, like Spinks, Stanley Gibbons and Krause, have all adopted my research. Brian Hern's earlier S African coin catalogues state the Griquatown tokens circulated and were S Africa's first indigenous coins (a claim I have proven to be wrong). It is this that which I believe is behind the entire fracas.For the record, the "STOP FRAUD" graphic in the link above is identical to the icon used by Nortje when promoting his PDF on the Strachan tokens for sale on BidorBuy in January 2016. This PDF called me untrustworthy, a fraud and liar.
Expert:  Leon replied 4 months ago.

Good Morning.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

If he has lied about you, and you replies with the truth he is the one that can be sued for defamation. You have a valid defence.

No they will not take your passport it is a civil matter not a criminal matter.

He has to sue for compensation and to get anything he has to prove they were lies and they affected him in a negative way. You have a valid defence of truth.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 4 months ago.
Hi LeonI left this question for Barend in S Africa where criminal defamation is part of law - we have been in previous communication over this.I have no idea how you got my question but I would like a refund as the question was aimed at the S African lawyers I have been talking to and not an Australian lawyer.I am going to have relist this question again.ThanksScott Balson