Wednesday 22 September 2010

Cheap Suit - the public rally for Free Speech

A growing number of CairnsBlog supporters are holding a public rally next Tuesday in City Place, at 5:30pm, in defending the defamation action launched by Councillor Alan Blake against Cairns blogger, Michael Moore.

Rally organiser and veteran activist Bryan Law, says that free speech is something that everyone needs to stand up for when a citizen is challenged in this way, and asks people to come along in support.

"I've organised the public rally Allies to Free Speech for next Tuesday at 5:30pm," Bryan Law says. "It will be in City Place, and I invite everyone to attend and take the microphone."

Invitations have been sent to Cairns Regional Council Mayor Val Schier, CEO Lyn Russell, all councillors including Alan Blake, to attend an evening’s special celebration of free speech and public accountability.

The event will be held at Speaker’s corner in City Place, Tuesday 28 September - 5.30 pm.

"In recognition of the defamation suit presently being waged by Councillor Alan Blake against Cairns Blogger Michael Moore, Allies to Free Speech are conducting an open debate about Council politics in the venue specially created for free speech by the Cairns Regional Council, and opened publicly by Cairns Mayor Val Schier," Bryan Law says.

"It's a cheap suit, no matter how you look at it," Bryan Law says of the defamation action Alan Blake is taking.

"All citizens are welcome to deliver a three minute speech for or against the proposition that, 'Alan Blake is a disgraceful, cowardly, lying bully who ought be sacked immediately by Council', " Bryan Law says.

"If we're not allowed to ask questions or make public comments and express judgement about our elected representatives, what's the point of having an election?" Law says. "Blake puts himself out there, and you may think he's the best thing since sliced bread. I happen to think otherwise."

"Allies to Free Speech takes a very flexible view on the meaning of 'for' and 'against', and every citizen that can begin speaking with the words: 'In respect of the question that ‘Alan Blake is a disgraceful, cowardly, lying bully who ought be sacked immediately by Council’ I say..... pretty much anything you like," says the veteran protester Bryan Law.

"I encourage the debate to occur in a civil manner," Law says.

"For instance, one could say," Bryan Law says, "In respect of the question - 'Alan Blake is a disgraceful, cowardly, lying bully who ought be sacked immediately by Council' – I love my Councillor Di Forsyth because she climbed on the Yacht Club roof and got arrested rather than put up with the bullshit and desecration from Desley Boyle, I will never stop loving Di Forsyth. Now let me tell you about the Council’s Code of Conduct....”

Bryan Law says all anecdotes and opinions will be valued and that complete respect for other opinions is required.

"At the conclusion of the event a vote will be taken on the question, and the results conveyed to the Cairns Regional Council along with a demand to do the people’s will," Bryan Law says.

"Where do you stand on the proposition in respect of the question that 'Alan Blake is a disgraceful, cowardly, lying bully who ought be sacked immediately by Council' ? Bryan Law ponders. "Hmmmm, it’s a hard one."

"All citizens are encouraged to get along and tell your stories about Alan Blake and the Cairns Regional Council. It’ll be among the most democratic moments you see from Council all year," Law says.

Some Councillors have already confirmed they will be there. Spread the word.
  • 5.30 pm ~ Tuesday 28 Sept
    Speakers’ Corner, City Place, Cairns


kate said...

Oh My God. You guys could transform the ways local communities manage defamation case brought by government reps henceforth.

But I am touch scared for MM too. So if you like, after this is all over, I could sort out a community roster as to whose house MM overnights for each day of the week for the next few years.

The Real Warren Entsch said...

Mike, I hope you succeed in resisting Blake's defamation suit, and reading this article makes it clear that this is what Bryan intends to try to help you with.

Veritas said...

Count me in! After all, he's one of my biggest fans.

Barry James, Freshwater (real name) said...

I'll bring the picnic chairs. Should be a great hoot. I love talking about if they think we can't discuss their disgusting behaviour

Destiny said...

I'm sorry I'll be missing this as I'm away from home but all the best to all on the day.

MM Deserves this said...

I'll be there too, I take it I will be given the chance to take the microphone and explain why MM deserves to have someone sue him for defamation?

Let's not forget the 'bank manager' who was defamed on here, called a thief and a paedophile.

Janine Aitken said...

When I stood in the 2008 election, some people had some things to say about me that not only weren't true, some of it was hurtful. In my time as Student President, there was some sensational crap written about me and posted on blogs. However I put myself out there, and I just accepted that people are going to believe what they want, the people in my "inner circle" know me, they know what kind of person I am, they can work out whats true and whats not, and if they are not sure they will ask. If I ever feel the need to defend myself, I do issue replys and find for the most part that the blog/newspaper etc are only to happy to print my side, but for the most part I don’t bat an eyelid over it. Alan Blake is carrying on like a 3 year old who’s big sister told him he has cooties, put on your big boy panties and deal with the fact that your feelings may have been hurt (rightly or wrongly it doesn’t matter) Who do you think you are trying to interfere with free speech & opinions, that is the nature of a blog? If you don’t like it, don’t read it Mr Blake, or better yet reply or start your own blog!

Bryan Law said...

Here's a letter I just received from Sarah Philpott, the General Manager of Corporate Services at Cairns Regional Council. Note that she's "cc"ed the CEO and all the Councillors. Is this the regular procedure for incidental correspondance for residents and ratepayers?

"From: Philpott Sarah []
Sent: Wednesday, 22 September 2010 5:33 PM
To: ''
Cc: ~~Councillors; Russell Lyn
Subject: Speakers Corner information

Good evening Mr Law

I noted your information on Cairns Regional Council Website Enquiry Form regarding a speakers corner event.

I attach for your information a copy of Council's General Policy relating to the Speakers' Corner, which was adopted by Council in May 2009.

I particularly draw your attention to the conditions regarding lawful free speech, including:

2.04 Speeches are to follow Australian Law therefore the speaker(s) are not allowed to:
a make slanderous statements
b discriminate any identifiable race, gender, religion or nationality
c use obscene language

Council encourages public assembly and free speech through the provision of the Speakers' Corner, and member are allowed to evoke their rights in this regard in line with these conditions.

If you have any enquiries, please feel free to contact me.

Yours sincerely"

kate said...

Well said, Janine!

I’d also like to add that we are also able to think for ourselves. I don’t believe most of what MM says, and he expresses himself a touch too viciously at times to my taste.

But we can pull MM up on this, or about anything else at any time. There’s been loads of comments that have been very critical of MM. Even defamatory. Which he doesn’t refuse to publish.

The critical factor to bear in mind is that here on CB we all get to say what we want (within reason). Where else can we all debate so freely about local issues specific to Cairns and surrounds.

Surelyt this worth fighting for? It belongs to us. And we all helped to create it.

MM Deserves this said...

@J Swanson

[Where's the quote?

Another nameless idiot]

I suggest that's it's you who is the idiot here.

There have been many instances on this blog of people being called paedophile/pedophile, but the search here is abysmal, and finding quotes from months ago not easy.

Here is one example, on the same comments page the word "pedophile" is used three times, but only comes up on the search once.

"But I tell you something, I understand why you hide behind your screen name because not only are you liar, you are also a known pedophile and it's only a matter of time before authorities catch up with you."

Blog owners are responsible for everything posted on their blog, MM approves every entry first, so he has no excuse.

1 + 1 + 11 said...

Umm, MM, you DO know don't you that you can't defame an imaginary character? No matter how many disgusting names you call them?

Not Tom Stevens said...

I would guess this is being organised because the "defence" filed in this case is legally insufficient. And in fact, some of the defence filed makes admissions that no sane solicitor would have made. They leave Mr. Moore with little wriggle room as this moves towards court hearings.

Shulda got yourself a lawyer.

MM Deserves this said...

@ 1+1+11

The people who write to blogs are NOT imaginary, although they may be anonymous.

If the defamed person were to prove they were the victim of abuse they could still sue, regardless of what they call themselves.

In this example the words "I understand why you hide behind your screen name because not only are you liar, you are also a known pedophile" would suggest the person knew who they were defaming, and would be convicted regardless of the original poster using an alias.

Jannie Ferguson, Canopy's Edge, Smithfield said...

I bet you're glad and pleased to have a moniker like "Not Tom Stevens" - I mean, who in their right mind would wanna be him and what he's taking from a community association... never in it's 25 year history, has this community-owned and voluntary-run (or so it should be) has had a lawyer take in excess of $20,000 in 6 short months....

Anyway, but to Mr "Not Tom Stevens" say "as this moves towards court hearings.."

I can't wait..... as I know for a fact that under disclosure (the right of the defendant - will gain all of Blake's telephone records and emails and expose how much of our ratepayer dosh he chewed up over the last few years.... and how much he's used up in his businesses with OUR COUNCIL mobile phone account. This alone will prove he's a lier.

He's vain and sillier than he thinks. The word around the Council - especially on the 3rd floor - is that alot of people are waiting for his torrid tales to be exposed in public.

Blake will not relish in his performance being looking at under a microscope. His association with the fired comms manager will also be interrogated and his relationship with her children - as a suicidal "parent"

Let's not forget, Blake was found unanimously guilty of misusing a Council mobile phone over the last 2 years (lord knows how long he's been getting away with that - but it will all be outed for the entire Cairns community to view.......

Blake goes into this with a fresh Code of Conduct breach - a ruling from all his peers that he deliberately stole and abused the public purse. Is this the kind of person that has any moral compass heading into a courtroom saying - "they shouldn't talk about me....."???

....and will this help him remain a Councillor after 2012? No. Not in a million years. He's political history.

Blake is the kind of person - out of all the councilors in the current crop - that is really worth pulling apart and discussing in a court. How juicy it will be.

Bring on the debate!!!!!!!!!!!!!!!

Bryan Law said...

Oh No! I just damaged Bryan Outlaw's reputation. Now he probably won't get that job he was after. Rats, I mean just everyone knows who he is. Maybe he'll sue.

I'd better retain "Not Tom Stevens" to help out.

The Ghost of Hoare St said...

Blake really looks at home in that clown suit!

:Kevin-John: Morgan. said...

To the council-person Sarah Philpott, who quotes "2.04. Speeches are to follow Australian Law".
Please explain WHICH Australian Law you quote in reference to Freedom of Speech in this country?
There is NO such Law!
By the way, why are councillors getting into Politics?
Councillors are NOT there to push for or gain some political office, neither are they there to gain any political point scoring.
Council is there to maintain and/or repair the infrastructure of what should have been fixed by the preceding council, and the council before that, and on and on!
Where do councillors get off using their time to raise a political profile, rather than using their time(which we voted for) to do council work?
If we wish to complain about any councillor's non-performance in their new job assignment, we may write to the CEO of the council or wait till the next election, OR, we can blog away to our heart's content.
To the bloggers who complain about defamation of any kind: "Sticks & Stones may break our bones, but names will NEVER hurt you".
Especially when hardly anyone uses their correct name any more.
We DO have freedom of speech in this country and that's why we can have a Speakers' Corner, and thanks to Bob Burgess for bringing the idea back into vogue.
Just remember that there are now cameras everywhere, so whosoever speaks at the Speakers' Corner, the onus is on you to make damn sure what you say against another party, is being recorded.

Coner the Librarian said...

I bet Blakey's lawyers are adding this article to their list. You've done it again guys. Clear imputations of defamatory nature in Bryan's suggested intro to speeches.

Protest at 5.30pm in City Place? At that hour you will have the place to yourselves, other than a few backpackers from the other side of the world who don't give a toss for your cause.

But I am sure you will have fun. Can't wait to see the report.

KitchenSlut said...

The key issues are the legal realities and defamation will be hard to defend on existing definitions! I respect what Janine Aitken has said and frankly it should be incumbemt on anyone engaging in the public sphere to engage there before resorting to defamation. There is no evidence here that is what has happened?!

Perhaps MaryO can help me here but whether or not there is defamation also what is critical is the alleged damages claimed? $350k?

The great reminder of this is always the novel/movie (forget the name) where the Nazi doctor was deemed to be defamed but his reputation was not worth a penny anyway?

What was the extent of Alan Blakes reputation? In my mind as someone who voted for him the only way he he can redeem himself is to actually reveal his sources on his corruption commissison claims against the Byrne council a few years ago?

Come on Alan, maybe this has more to do with your psychological issues?

MaryO said...
This comment has been removed by a blog administrator.
MaryO said...

Hey KS,
I didn’t quite get your question, but I suspect what you were really getting at above is whether it is possible to damage the reputation of someone who already has a bad reputation.

The 350K question.

I know so very little about damages in defamation, that in answer to your question, I am just setting out a quote from a legal text I happen to have handy.

“A successful plaintiff is entitled to receive damages only in respect of the reputation he or she is known to possess, If that is already low, the damages awarded are correspondingly reduced. Evidence of general reputation is therefore admissible, though not of rumours surrounding the plaintiff”. P 491, Richards, B et al., Tort Law in Principle (2009).

As you can see it’s a fairly recent text, but I can’t personally vouch for its reliability in any way. In other words, this is NOT legal advice.

:Kevin-John: Morgan. said...

Mike, do not listen to the lawyer-pushers, and least of all, librarians.
We won a case in court last week, with ONE WORD!!
It's the same word/prefix used by all lawyers, barristers, clerks, secretaries and prosecutors everywhere, and they make the same mistake every time.
The clue is in the coat of arms on the wall of the courts, and 98% of all Australians don't even know that they don't even know.
Once knowledge is achieved in this area, ALL lawyers and their ilk, will be removed from their jobs or positions.
I can guarantee this event will take place, as it has already been achieved in Cairns.
For ALL lawyer-pushers and their associates, I have a very clear message: "LEAVE NOW, AND SPARE YOURSELVES PROSECUTION".
It takes but one sheet of paper to disqualify a memebr of the legal fraternity, they know it, and so do I. I'm coming for you scumbags, and I'm also watching where the money trails lead, have a nice day!

muggles said...

Gotta say I just love the absurd theatre of this blog. What a community we are. My God...

MaryO said...

Dear :Kevin-John: Morgan.

Are you the author of the book, Gun Alley: Murder, Lies and Failure of Justice.

If so, very well done!

ross's ghost said...

Gun alley : murder, lies and failure of justice / Kevin Morgan
by Morgan, Kevin John, 1956-

Pymble, N.S.W. : Simon & Schuster, 2006
Book, Online - Google Books. Available

Gun alley : murder, lies and failure of justice / Kevin Morgan
by Morgan, Kevin John, 1956-

Pymble, N.S.W. : Simon & Schuster, 2005
Book, Online - Google Books. Available

The particulars of executions 1894-1967: the hidden truth about capital punishment at the Old Melbourne Gaol & Pentridge Prison / Kevin Morgan
by Morgan, Kevin John, 1956-

Melbourne : Old Melbourne Gaol ; National Trust of Australia (Victoria), 2004

Prof Sachs said...

I'll eat my hat if it's the same Kevin John Morgan. Our :K-J:M (wonder why the weird puncuation), often known as Bluey, writes childishly naive legal opinions full of ridiculous empty threats. Incipient brain damage from substance abuse - or just stupidity?

kate said...

Yes, but have you noticed. If you leave aside the content and just look at the writing. He actually writes very well.

Mortgagee reprocessor said...

Hey Prof Sachs ...

This fool,:Kevin John:Morgon is none other than the man that chained himself on a roof at Clifton Beach.
His real name is John Babet.

muggles said...

Could you run a survey where we get to vote for the CB commenters we would each most like to have dinner with, and give reasons?
Say 4 commenters each, round the dinner table?
Would be fun..

:Kevin-John: Morgan. said...

Mortgagee reprocessor: You'll be pleased to know that scumbags such as your ilk, are the very reason people are chaining themselves to their properties to save them from the likes of you.
By the way, the letters "Re" in front of ANY word means NO.
Tells us a lot about you, reprocessor!
Your job assignment assures us that you cannot read, cannot write, and therefore cheated on your final exams.
Your life is lived via Assumption, Presumption and topped off with fictitious conveyance of language.
I'm sure :John: Babet himself will correct you at some stage.
I can assure you, my disability makes damn sure I cannot climb ladders to get onto roofs of any houses.
Prof Sachs: Is that part of the Goldman Sachs family ties?
In either case, if the word Prof, stands for Professor, you should already know that punctuation used in and around any words, certifies those words to be mathematically correct and 100% FACT, no ifs, no buts, just the correct way of doing things. You have all forgotten Grade 5 English huh?
If the word Prof, does not stand for Professor, then cease trying to be something you are not.
My 12 years of Universal Legal Technology studies and training, Common Law, Maritime Law, Contract Law and Constitutional Law, have brought me to a point where I can see the invisible world of "The Silent Language in Courts".
It has also helped me to gain much experience in disqualifying ALL legal paperwork.
We won a case here last week in Cairns, using ONE WORD, which is the greatest word-mistake ANY writer of ANY document can ever make, and they do it every day!
To learn of these obvious, but stupid mistakes that secretaries, prosecutors and legal writers make, you need to become a member of the Cairns Law Club(since 1995).
Oh, Bluey is a drummer by the way, and when and if he can play drums, he is Bluey.
:Kevin-John: Morgan, on the other hand, is the man who is NOT afraid of anyone, and most certainly NOT afraid to have his name CORRECTLY written in a public discussion blog.
I hide behind NOTHING, and I hide behind NOBODY, I wish the rest of the world would comply!
The fact that I can instantly disqualify Tom Stevens and anyone else of his ilk who "works" in the "legal" area, including FNQ Legal, scares the bejeesus out of them.
The only good Lawyer is a dead one!

:Kevin-John: Morgan. said...

Try saying that in the courtrooms of Cairns and see how long you last, without the knowledge to say it.
The next question asked by the judge, after that statement, will open the biggest can of worms you ever saw, and have you locked up for contempt! Unless of course, you know what to say next, which will empty the room!
Childishly naive legal opinions?
Incipient brain damage?
This Professor seems to have an assumptive opinion of me already, with NO facts to back up his claim, kinda like Blakey!
Universal Legal Technology takes years to learn (12 for me), but you will only tackle it after being fraudulently dealt with by the Australian legal fraternity.
Now the shoe is on OUR foot, and we're coming after you all, possibly even you Professor, if you are indeed a Professor.
Mortgagee Reprocessor? What the hell sort of monicker is that?
The prefix "Re", in front of ANY word, means NO!
Kinda says a lot about you?
No, it was :John: Babet, who climbed on the roof of his very own house, and had I the ability to climb a ladder, I would have been there with him, saving his porperty from scumbags such as you!
Mortgagee Reprocessor? What a joke?

Prof Sachs said...

The preceding incoherent rambling diatribe from Kevin-John just confirms what I said previously.

spellchecker said...

Your job assignment assures us that you cannot read, cannot write, and therefore cheated on your final exams.

"saving his porperty from scumbags such as you" kevin john morgan you stuffed up mate.

I didn't put any name here because I can't read said...

The 'public' 'free speaking' rubbish was mostly non relevant 'stuff' which hardly anyone in this grand city was at all interested in, there were a few 'grubs' backing MM but in all, not at all 'anything to write home about', Parissi, Law, Moore, Forsyth, nah! I noticed Blake was there in 'fact' after his 'more important' GM meeting whereby he made more attending that, rather than listening to 'rubbish' outside the Hotel. The 'aboriginal' was the best entertainment in City Place. Who was the 'questionare' from writers corner?? There is a lot to be desired from the 'outcry' and what was the amount in the 'spew bucket' raising funds for 'legal rep' for MM. Is that Legal? Asking for money like 'busking' without a licence? All relevent and helpful questions for the reader or bloger! For no other reason but to prepare with 'jurors' obvious questions when playing into Blakes hands via a lot of un-necessary words and moves as proven on playback after video last night from top floor. Whispers on sensitive mic much more interesting than open speakers, seems more defamation could come from this! Careful lads!

1300 655506 (the number for the reading, writing hotline) said...

I didn’t put my name here because I cant read, Whispers that could only be picked up via a sensitive mic, would fail the first requirement of defamation, that is publication. Furthermore, careful your not infringing on privacy, did those in the crowd you were snooping on agree to being secretly recorded? I doubt it, worry not for the defamers but for the invasion of privacy cases that could be brought.

IChelsea Fan said...

As I understand it, and I only have this on hearsay, Blake did have a couple of spies there on Tuesday, one of each gender. They were the ones trying to keep out of range of the TV cameras. My concluding final comment is simply "well done Bryan, keep up the good work" and, Michael, if this tawdry affair ever gets to Court, think of the publicity. You'll be getting so many hits on the Blog you will be left with a groggy Blog ! I think it was Groucho who said "Sue me, sue me, do something to me" I stand to be corrected

No Blake lover said...

So this was obviously a complete, and embarrassing failure, like everything else Brian Law touches, and Mike has, sensibly, dropped it like a hot brick, no photos, no video, no interviews .... nothing!

kate said...

It was most definitely NOT a failure. It was extremely inspiring, and I am proud to have been a part of something so special, and portending...

First, Bryan spoke, then approximate order was:
Tim Bottoms
Rob Pyne (legal summation)
Di Forsyth (gutsy)
Ross Parisi
MM (humble)

In my estimation, there were about 50-60 people in attendance in total - some core, and some floating about on the margins.

You should have been there!

muggles said...

yes, well, you know what the problem is with rabid, ingrown bloggers.

They're all at snug at home glued to their screens, and
have long forgotten how to lift their bums, (meant to write bottoms - Sorry, Tim!) off the seat.

mille said...

Too true, muggles. Sadly, too true.

Well, if any of you hopeless at-home bloggers are in dire need of home services - shopping, cleaning, hair cuts, toe nail clipping, rinsing coffee cups etc - drop MM a line, and he can forward all requests to me.

I run a charity run, and I dare say some of you may be in urgent need, and eligible for home care.

KitchenSlut said...

Millie, what do you charge for toe nail clipping? And do you take the clippings away or would I have to dispose of them myself?

MM Deserves this said...

"In my estimation, there were about 50-60 people in attendance in total"

There was nothing like 50-60 people there, and the majority were people just floating around, as there always are in City Place, no more than 15-20 people had any idea what was happening.

millie said...

For you, no charge. You wouldn't have to do anything, KS. I'd keep your clippings for posterity.

And for "MM Deserves This", we could also arrange for your eyes to be tested pronto.

:Kevin-John: Morgan. said...

Well Prof, I've always relayed Joe Walsh's sentiments when dealing with people such as yourself:
"You can't argue with sick minds".
Prof Sachs, has now proven he's not only NOT a professor, but also that he cannot read, cannot write, and also cheated on final exams, therefore should be disqualified from EVERY blog.
Mortgage [Re]processor should get a change in job title to save the stress caused by those two words.
Both Prof & Mortgage should go back to school and do English 101.
Sorry spellchecker, for that small misspelling, a momentary lapse, I assure you. It won't happen again.

Destiny said...

I no longer require an explanation as to why drummers are usually kept up the back in the shadows and rarely given a mic.

muggles said...

"You can't argue with sick minds".
Most evidently so. So maybe there's no point stirring any more, folks.

No Blake lover said...


"And thank God for that!"

How anyone can have the temerity to bring some god into this is beyond me, where was your god when the Nazis were killing six million innocents in the concentration camps? Why didn't he step in then?