Thursday 26 August 2010

Cairns Councillor Alan Blake sues CairnsBlog author for $350,000 defamation

As many readers have learnt Cairns Regional Councillor Alan Blake has lodged a statement of claim in the Queensland Supreme Court, alleging defamation from myself, Michael Moore, via publication on CairnsBlog.


The mainstream media have picked up on the story across the country. From SkyNews, The Age, Sydney Morning Herald, The West Australian Today, NineMSN, Brisbane Times, and even local TV news, 7 and WIN and some local commercial radio stations. Unsure if John Mackenzie has mentioned it in his morning cover-to-cover read of the Post.

The Cairns Post ran an Associated Press version yesterday (see below), yet sought no comment from myself. ABC Far North will air the debate this morning, with a brief interview from myself at 9am on Fiona Sewell's programme just after the 9am news, followed by a lawyer with knowledge with internet defamation.

I will of course defend the charges vigorously and welcome the opportunity for the actions of this Councillor, that I have written about, to be further publicly scrutinised.

In the Statement of Claim, which I invite readers to download and read [1.5mb], Alan Blake says he has been brought into "ridicule and contempt, suffered hurt and embarrassment and developed suicidal tendencies" as a result of information published CairnsBlog.

No doubt this case will be closely watched by many. With the medium being the internet, I will avail my readership of the articles Blake refers to in his claim.

In his Claim, filed in the Supreme Court in Cairns on August 11th 2010, 364 days after the following story appeared:-
  • I wrote on 12th August 2009 titled How to spot a pathological liar. This is in reference to a telephone call/s that Councilor Blake made to my employer:

    "I'd almost given up on talking about the corrupt and disruptive Cairns Regional Councillor Alan Blake. The over-whelming majority of his colleagues certainly have.......and pray tell, what was all this about? The good Councillor tried to blackmail my employer with a series of lies."

    Read the rest of the story here, and in context of the Claim document.
  • In a story on April 22, 2010 Tree-saving Councillor Blake, now anti-development, Blake referes to a CairnsBlog commentor "Alysa Lightfoot" who wrote...

    "Mike, your latest on 'Blake the Drake' again highlights the brazen attitude of this fake man, that masquerades as our humble representative.
    Thankfully, the Bligh Government is creating a Panel of Common People to adjudicate on codes of conduct complaints. Blake will keep this body I dare say busy.
    Vested interest breaches are admissible code of conduct violations and could be referred to this new Panel.
    In the meantime, based on this account I do believe there are grounds for a complaint to the Crime and Misconduct Commission.
    Lets put in a Peoples Submission to the CMC, any takers?"

    In the same story, a commentor "Vertis" writes...
    "What a shameless bloody con from the same 'man' that once tried to set up 'save Rusty's Wharf.com' so he could influence public opinion and get total control of the equally iconic Rusty's market to move it into his PERSONAL control on the wharf. He doesn't have a green bone in his body and you should always question any motive of Blake's - there is always a sting in the tail no matter how 'righteous' it appears on the surface. And this is no exception.

    From BBQs to crap furniture to CON the fruiterer. He met with the fishermen and did the rounds of the markets puking this line for months but the web site was taken off him and the Luddite he is (now let's see, is it sox first or shoes???), fortunately he couldn't set up an alternative on his own."

    READ rest of comments, also mentioned in Statement of Claim.
  • On January 20th 2010, in a article consisting of only a private business card belonging to Councillor Alan Blake, a commentor "Thornton On Spence" writes...

    "Alan Blake is nothing short of a disgrace. To openly promote a business whilst on the payroll as a Councillor shows his work ethics and more importantly his commitment to Council. He should be challenged by the Mayor as to his commitment.
    I don't particularly care about him being in business because it will be a failure with him at the helm....look at all his previous efforts. But what really annoys me is his double standards versus his statements on the Council Website in his role as a Councillor.

    Mogo is a character and name of a planet from DC Comics which is so appropriate for Blakey. The man is a fraud lets get him out of this town ASAP."

  • In an article on October 5, 2009, called The most infamous car in Cairns, I wrote... "Councillor Linda Cooper, who whipped Blake's office from under his feet after he was dumped as Finance Committee chair three months ago, was surprised about the use of the reserved parking bag."
    READ REST of story here.

There are additional comments referred to in the Statement of Claim, however all the links are presented above.

On Wednesday June 16th, 2010, a Code of Conduct breach hearing went before Cairns Regional Council. Besides Deputy Mayor Margaret Cochrane, the remaining councillors voted unanimously to uphold a Conduct breach against Alan Blake, for using a Council-supplied and rate-payer funded mobile phone for his private business.

In a few days, I'll scribe a commentary piece, about the wider issue of press and media freedom and the right to speak out, to discuss openly and debate our public officials, something that every citizen should not be restricted nor frightened to do.

I started CairnsBlog in 2007 to provide a forum, with a liberal-minded comments policy, to encourage community debate in a one-newspaper town, a debate that had been lacking since Barfly folded. In around four years, 3,700 articles, and around 23,400 comments later, the readership is regularly tracking at just under 29,000 unique regular readers - averaging 1,500-2,000 a day, peaking at 2,500 during election periods.

I told Evan Schwarten from Australia Associated Press a few days ago, that this legal action, coming from a publicly-elected official, really attacks at the heart of open dialogue and discussions of public officials and holding them to account.

I look forward to your support.

CairnsBlog FIGHTING FUND
As I did in 2007 when then Mayor Kevin Byrne took the same action against CairnsBlog, today I re-launch the CairnsBlog Fighting Fund, to support legal expenses in standing up to defend this action. I ask supporters to contribute, any amount is welcome.

It's easy to donate. You can either click the orange PayPal "donate" button in the right-hand sidebar with a Credit Card, or you can email me and arrange a direct Bank Deposit. I will issue a receipt and your privacy will be respected. I can also meet you in a dark alley, to receive brown paper bags full of moolah.

21 comments:

Scotty the man said...

I’m surprised and disappointed that any decent firm would take it on (ie represent blake)

Quien Sabe said...

Does this mean the infamous secret Henry Report will finally see the light of day?
I would think that this would be quite relevant to the Matter and would therefore need to be produced under the Disclosure Rules of the Court.

Oliver Redlynch said...

This could get VERY interesting in the next few weeks as people with evidence flock to your site! I would remind people not to publish such evidence as comments, but to contact Mike directly.

:Kevin-John: Morgan. said...

OK Mike. Let's begin.
The first two pages of Alan Blake's "CLAIM" has already landed this idiot in hot water. The dotted line which has "Registrar:" before the line, has a scribbled artifact before it, and on it.
The second page has the words "FNQ Legal on a dotted line where a signature is supposed to be.
This document has been disqualified by the Cairns Law Club.
I challenge Alan Blake to a public or private debate concerning his fraudulent actions against Mike Moore, where I will wipe his face with this illegitimate claptrap.
This "CLAIM", is typical of the badd-ass paperwork being produced by authors who cannot read or write, and get jobs with the judiciary.

Bryan Law said...

I hope Quien Sabe is correct. The public in Cairns deserves to know the truth about what happened in our regional Council, and I remember it as Mike Moore's tireless exposure of what he could find that was really the only force exacting accountability from the then CEO.

Alan Blake is wrong, wrong, wrong to use the Courts and the defamation law in this manner. He stands for election. People are entitled to express an opinion about his behaviour and character.

Paul said...

Suicidal tendencies? Truly pathetic ploy for pity.

MaryO said...

Good luck with this MM!
BTW, for info about the art of DEFAMATION BACKFIRE,
see:
http://www.uow.edu.au/~bmartin/pubs/05ajr.html
http://www.uow.edu.au/~bmartin/pubs/06dlr.html

MaryO said...

P.S. You seem to have an inordinate amount of mosquitos at your place, MM.

kate said...

I missed the interview this am. is it possible for a recording to be placed on CairnsBlog? Or is there another way to still listen. And who was the lawyer on the programme?

Michael P Moore said...

Kate, I'll ask the lovely Fiona at ABC Far North ;-)

Mike

Destiny said...

Good Luck Mike - I found the 'typical cocksucker' comment the other day very offensive - how dare anyone call you typical!

I really can't find the words for how pathetic this is - Bjelke Petersen tactics in 2010!

How about a fund raiser? A great debate or something? There's plenty of interesting and articulate people here. Of course it would be a dress up affair - Bryan would have to wear his going out thongs and good black stubbies.
Oh shit - was that defamatory?

Elke said...

Great idea, Destiny!! Would love to go to a debate etc - whatever. I can donate raffle goods!

And yeah, that cocksucker insult really pissed me off too.

What was the name of the lawyer on radio, Mike?

Kon Fewshus said...

I pray that this action by Blake backfires and blows up in his face. He deserves nothing better.


Kon Fewshus

Kon Fewshus said...

I pray that this action by Blake backfires and blows up in his face. He deserves nothing better.


Kon Fewshus

Elke said...

Dear MM,
You write above that "In a few days, I'll scribe a commentary piece, about the wider issue of press and media freedom and the right to speak out, to discuss openly and debate our public officials, something that every citizen should not be restricted nor frightened to do."

Would it also be worth putting a call out for all legal threat letters received by readers in the past in response speaking out publicly against government actions, decisions, conduct etc?

Given that such threats are commonly utilised to stymie public debate and participation - and are on the increase in Australia.

For example, see Submission to the Victorian Attorney General, the Honourable Rob Hulls MP: A Draft Bill for an Act to Protect Public Participation, (2009), <http://www.pilch.org.au/Assets/Files/PILCH%20Submission%20for%20the%20Bill%20to%20Protect%20Public%20Participation.pdf

In which case, it would be most useful if contributors made PDfs of letters/statements of claims readily available for viewing on CairnsBlog.

The results may prove very surprising. And not only serve to place your own predicament into greater perspective, but to stimulate retaliatory action.

Elke said...

Dear MM,
You write above that "In a few days, I'll scribe a commentary piece, about the wider issue of press and media freedom and the right to speak out, to discuss openly and debate our public officials, something that every citizen should not be restricted nor frightened to do."

Would it also be worth putting a call out for all legal threat letters received by readers in the past in response speaking out publicly against government actions, decisions, conduct etc?

Given that such threats are commonly utilised to stymie public debate and participation - and are on the increase in Australia.

For example, see Submission to the Victorian Attorney General, the Honourable Rob Hulls MP: A Draft Bill for an Act to Protect Public Participation, (2009), <http://www.pilch.org.au/Assets/Files/PILCH%20Submission%20for%20the%20Bill%20to%20Protect%20Public%20Participation.pdf

In which case, it would be most useful if contributors made PDfs of letters/statements of claims readily available for viewing on CairnsBlog.

The results may prove very surprising. And not only serve to place your own predicament into greater perspective, but to stimulate retaliatory action.

Nort. Beaches Lawyer said...

I hope you're taking some legal advice and not just commenter advice, Michael. This kind of action is most dangerous to the defendant - in part because an average jury, reading and listening to what you regard as "cute" or "funny" can be found to be quite different.

:Kevin-John: Morgan. said...

Nort. Beaches Lawyer should know too well, there is never any such thing as an average jury, and the only thing that is dangerous for a "defendant", is not knowing what that word actually means. It means guilty till proven innocent, which I may remind you is contrary to the Commonwealth Constitution, which states that all people are innocent till proven guilty.
Where do you charlatans, who know nothing of the LAW, get off using evidence such as case precedents for your lame defences?
(No Continuance of Evidence)
Does this also mean that any type of advice given to anyone in the world is also dangerous?
You know something I learned in my 12 years of LAW studies Mr Nort. Beaches Lawyer?
I learned that there are 900 definitions of every word in the dictionaries....yours, and ours.
I collect and study dictionaries as a hobby, and have done for 49 years (I have a great colection).
Why is it that there are Law dictionaries, which have opposing definitons of words we are taught and use daily?
I also learned how lawyers are taught how to manipulate language to CHANGE the volition and weight of words, especially Nouns, by the use of word-art, into something that is completely opposite of what actually exists.
Unfortunately for you law people, CHANGE is action, action is motion, and motion is Verb, Gotcha!
The bad old days of corruption via opinion, assumption, presumption, and Fictitious Conveyance of the Language, are over.
You bring me the original copies of their paperwork Mike, and I'll Syntax it for you.
This will place you in the great position of being a Plaintiff against a frivolous lawsuit.

Tom said...

Don't know much about defamation or the finer points of law, but for Blake to put himself back under the spotlight like this seems to confirm his stupidity.
I'll be chucking into the fighting fund Mike, but closer to the time you need it (don't want you too cashed up, might tempt you to skip the country).

spangled lady said...

Elke -take a look at MM's latest post on the local community radio and you will see how people of courage such as Mike are essential in this Murdoch-run media climate -we need to know what is really happening out there -you will see many instances of intimidatory legal letters sent to community radio station members who were asking for openness and honesty in dealing with community funds -take time to go back over Cairnsblog articles over the past year -should give you an insight into how valuable MM's contribution is to public debate. I am very gratified that others out there also recognise how important freedom of the press is!

gallbally said...

Kev you need to collect a few spelling books mate.(sic) I have a great colection