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James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Consulting Principal at Nexus Law Group
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How to go about it? Split with young G/Friend of 3 mths, started

Customer Question

How to go about it? Split with young G/Friend of 3 mths, started dating woman with 3 yr old that also just recently split with B/F. Ex young girlfriend & New G/F ex had started communicating with each other & posting very nasty comments & defimating stuff on Facebook! Then have mad comments about little child also? Both ex"s R very hurt & have caused much trouble with slanderes talk in our Small Town. We ask mother of ex G/F as we all got on well, to talk to ex to stop facebook slander please, ex had told mother we keep ringing her? Mother tex to come to her home to sort out so we went. New G/F & my self drove in my Landcruiser work ute with large diesiel fuel tank on back to talk. Both sat in vehical whole time, mother leaning against vehical & all talking no problem, sister of ex G/F came out then Talks got heated she went of her head screaming, her boy Friend (Police Officer off dutie at time) came out & had to hold her back from trying to attack my new g/f. I said very little in talks, after talks got heated & sister going off I put arm out across the n/g/f body telling mother " that's it we will agree to disagree, you stay away from us & we will stay away from you's" then drove off. 1 hr later Police Officers came to home to arrest me? I did interview & did not call Legal. He went to P/station mad statement "I threated to kill the Police, make threats ect then stated I said " I told him I was responsible for killing all the Dogs around town"? All this was had nothink to do with us going around to try & sort this matter out? I have cd of interview, Custody report-grounds of detention-Lepra 99(1)b9vii) prevent the harassment of, interference with,any person who may give evidence? Released without charge pending further enquiries. 11 days later police came to home & handed him a penalty notice-relation to Burnout! Cause veh to undergo sustained loss of traction $623.00 PLUS 3 points loss of licence? Police said we carnt charge you for the arrest as ex g/f family did not do statements? But we fine you for this? Now this stuff is an attack personally we feel the Police will keep booking me for any think. Having that allegation made against me victamises & is defamation. How to proceed with this situation as I do not need any problems?
Submitted: 2 years ago.
Category: Australia Law
Expert:  James D. Ford replied 2 years ago.
Hi, can you please advise whether you caused your vehicle to do a burn-out as alleged by the Police? when was this offence issued? do you intend to defend against it, or to pay the fine? I assume the fine amount, and number of points are correct, but please let me know if you want me to double-check. What is the current situation with the ex-g/f? Is the fb slander continuing? or has it stopped? I await your responses. Kind regards, James
Customer: replied 2 years ago.
Hi, The so call burnout suppose to happen same time when drove away from ex G/F mothers home. In interview he stated I skid or spun the wheels. No did not happen as well! At the front off home it is red gravel on the nature strip then you go up to the Tar. offence dated time & date we were at ex mothers home, It is impossible to do burnout with this type of vehicle. Both have gone of FB after Police arrest, just look but blocked. Would need to defend .
Customer: replied 2 years ago.
We took pic's soon as got given fine to show, no marks on tar or great holes in gravel
Expert:  James D. Ford replied 2 years ago.
So that I understand correctly... did you admit to "I skid or spun the wheels" in the interview with the Police? You say you have a cd copy of the interview... and from your response above, I assume when you say.. "No did not happen as well!!!" that you did not make this admission, and the cd copy of the interview would prove that... please confirm. I assume you are within time to defend the matter of the "burn-out"... is this something you wish to do? Please be aware that it could be costly to defend the matter in Court... as if the Police version of events is upheld, they could pursue you for a costs order... If you want to have your day in Court, and are absolutely convinced that you did not admit anything, and did not in fact do a "burn out", and that it is not possible in your type of vehicle.. (though you have mentioned gravel.. and this is a surface where spinning the wheels can occur easily) then I recommend you seek further specialised legal advice from a lawyer who specialises in defending against traffic offences, and if they agree, you proceed to defend yourself against this alleged offence. Do you want to take any action regarding the fb situation? There is a 1 year (as of right) time limit to take action in the Courts for defamation (time extensions are only granted in exceptional circumstances with the approval of the Court), and the other side would have no defence, if the remarks are false. The first step I recommend is to write a Cease & Desist Letter to the other side.. specifying the defamation, and telling them to immediately delete all offending material.. and cease and desist from such conduct in the future, or face potential legal action for defamation. Please advise whether you would like me to send a quote to provide legal services - to draft and send the Cease & Desist letter on our law firm letterhead. Another option if you do not want to pursue the above, is to consider is that "take-down" rights might be applicable (if so, you might be able to request fb remove the material). Kind regards James