Attention. From
Chief Executive Officer, Cr Ron Owen
APN News & Media Limited, 24 Mc Mahon Rd
Level 4 Gympie, 4570
100 William Street Queensland.
Sydney NSW 2011 22nd December 2007
and,
General Manager,
The Gympie Times Pty Ltd
197 Mary Street
Gympie, 4570. Queensland.
Plaintiff. Cr Ron Owen
and
First Defendant. APN News & Media Limited
Second Defendant. Arthur Gorrie
ThirdDefendant. The Gympie Times Pty Ltd (ABN62 009 656 928)
Notice of Concerns
This is a Notice under the Defamation Act 2005 of Queensland, Section 14.
This ‘concerns notice’, informs the publisher of the defamatory imputations that the aggrieved person considers that defamation has been published about the aggrieved person, Councillor Ron Owen by the publishing on Page 5 of your newspaper “The Gympie Times” on the 22nd December 2007, in a disingenuous story by Arthur Gorrie, Headlined “Owen Announces His Run For Mayor.” “Transparency and Divisions”.
Imputations of Concern.
The Imputations of Concern are; there is no possible resort for the defendant to Section 26 of the Defamation Act 2005 ‘Defence of contextual truth’ as the defendant has no proof of any substantial truth of the following statements with defamatory imputations listed below. Which has and will cause further harm to the reputation of the plaintiff Cr Ron Owen during the Council Election Campaign.
1. Quote, Column 2 Para 7 . “For the record Cr Owen has often claimed The Gympie Times is part of a conspiracy AGAINST him,”
Fact. The Gympie Times has no record or evidence of Cr Owen making any statement that the Gympie Times conspires against him. This is defamatory as it attempts to label the aggrieved person as holding a false view of a non -existing conspiracy theory.
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2. Quote, Column 3 Para 8 . “We also gave him good advice in urging him to focus on real council issues, at a time when he was too busy talking about gays having only the right to die, an essentially irrelevant non-council issue.”
Fact. There is no record or evidence that Cr Owen stated that gays have only the right to die in Council except for the mis-information from Gympie Times reporter, Arthur Gorrie and the Anti Discrimination Tribunal has four Affidavits sworn on oath, from witnesses present at the time, stating it was Cr Peter Cantrell that introduced this subject in General Business at the Cooloola Shire Council meeting and that it was Cr Peter Cantrell that read out that particular quote. Not Cr Owen, as Cr Owen did not state those words at any meeting of Cooloola Shire Council. This is defamatory as it attempts to label the aggrieved person Cr Owen as wasting Councils time and making a statement that he did not make. If this matter proceeds to the Supreme Court these Affidavits plus another two will be entered as evidence against the defendants.
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3. Quote, Column 2 Para 7. “The paper also reported his takeover of the Gympie and District Historical Society, claims of associated violence by Owen supporters and Cr Owen’s claim that some councillors were trespassing when they held an alternative meeting nearby.”
Fact. Cr Owen has never taken-over The Gympie & District Historical Society Inc. It is an incorporated association under the Associations Incorporations Act and under the Charities Act. Cr Owen, is a member of the Society since 2004 and served as an honorary Treasurer for
two years, The Gympie Times has no evidence to prove or that there is any substantial truth in the claim that Cr Owen took over the Society. At all times Cr Owen was only a member of the management committee.
4. There is no evidence or substantial truth, to suggest that Owen supporters committed violence, or who was, or was not an Owen supporter.
There is no evidence to suggest that Cr Owen claimed that Councillors were trespassing when they held another meeting nearby. There is not substantial truth to this statement.
5. Cr Owen did however complain to the Council, that Councillors held a political meeting in a Council facility with out gaining a permit from the Council staff. Cr Owen did make a separate complaint to the Police that some Councillors who were not members of the Society, who were not invited to the premises, leased by the society were on the site un lawfully. Again, the Gympie Times article is not substantial truth and defamatory which aggrieves Cr Owen. The aggrieved Cr Ron Owen has copies of the minutes which prove, no take over, by anyone person or persons. The aggrieved also has copies of all documents concerning these issues which prove that the article combined two separate issues together in a manner to tarnish the name of Cr Ron Owen.
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6. The above documents will be fully listed and disclosed under the Uniform Civil Procedure Rules 1999 at the appropriate time. As there has been a historical chain of similar articles published by ‘The Gympie Times’ and two of the independent sworn Affidavits submit other articles that have been printed that libel Cr Ron Owen, a conclusion that ill will and malice is involved in this matter will be submitted at a later date, under Section 174 of the Uniform Civil Procedure Rules 1999.
7. The Defamation Act of 2005 has in Section 3, Objects of Act:-
The objects of this Act are-(c) to provide effective and fair remedies for persons whose reputations are harmed by the publication of defamatory matter; and in Part 2 General principles Division 1 Defamation and the general law.
8. Section 6 Tort of defamation
(1) This Act relates to the tort of defamation at general law.
(2) This Act does not affect the operation of the general law in relation to the tort of defamation except to the extent that this Act provides otherwise (whether expressly or by necessary implication). and in
9. Section 7 Distinction between slander and libel remains abolished
(1) The distinction at general law between slander and libel remains abolished.
(2) Accordingly, the publication of defamatory matter of any kind is actionable without proof of special damage.
10. Even though it is not required in the legislation listed above, due to the Council elections proof of special damage will be supplied.
11. I refer you to Section 14 of The Defamation Act of 2005, Queensland,
When offer to make amends may be made
(1) An offer to make amends can not be made if-
(a) 28 days have elapsed since the publisher was given a concerns notice by the aggrieved person; or (b) a defence has been served in an action brought by the aggrieved person against the publisher in relation to the matter in question.
(2) A notice is a concerns notice for the purposes of this section if the notice-
(a) is in writing; and
(b) informs the publisher of the defamatory imputations that the aggrieved person considers are or may be carried about the aggrieved person by the matter in question (the imputations of concern).
12. I refer you to Section 44 of The Defamation Act of 2005, Queensland,
Giving of notices and other documents
(1) For the purposes of this Act, a notice or other document may be given to a person (or a notice or other document may be served on a person)-
(a) in the case of a natural person-
(i) by delivering it to the person personally; or
(ii) by sending it by post to the address specified by the person for the giving or service of documents or, if no such address is specified, the residential or business address of the person last known to the person giving or serving the document; or
(iii) by sending it by facsimile transmission to the facsimile number of the person; or
(b) in the case of a body corporate-
(i) by leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, the head office, a registered office or a principal office of the body corporate or to an address specified by the body corporate for the giving or
service of documents; or
(ii) by sending it by facsimile transmission to the facsimile number of the body corporate.
13. Please consider the personal service to your office of, The Gympie Times , 197 Mary Street on the 22th of December 2007 refers to the first day of the above 28 days Notice of Concerns.
14. I refer you to Section 15 of The Defamation Act of 2005, Queensland,
Content of offer to make amends
(1) An offer to make amends-
(a) must be in writing; and
(b) must be readily identifiable as an offer to make amends under this division; and
(c) if the offer is limited to any particular defamatory imputations-must state that the offer is so limited and particularise the imputations to which the offer is limited; and
(d) must include an offer to publish, or join in publishing, a reasonable correction of the matter in question or, if the offer is limited to any particular defamatory imputations, the imputations to which the offer is limited; and
(e) if material containing the matter has been given to someone else by the publisher or with the publisher’s knowledge-must include an offer to take, or join in taking, reasonable steps to tell the other person that the matter is or may be defamatory of the aggrieved person;
and
(f) must include an offer to pay the expenses reasonably incurred by the aggrieved person before the offer was made and the expenses reasonably incurred by the aggrieved person in considering the offer; and
(g) may include any other kind of offer, or particulars of any other action taken by the publisher, to redress the harm sustained by the aggrieved person because of the matter
in question, including (but not limited to)-
(i) an offer to publish, or join in publishing, an apology in relation to the matter in question or, if the offer is limited to any particular defamatory imputations, the imputations to which the offer is limited; or
(ii) an offer to pay compensation for any economic or non-economic loss of the aggrieved person; or
(iii) the particulars of any correction or apology made, or action taken, before the date of the offer.
15. I refer you to Section 24 of The Defamation Act of 2005, Queensland,
Scope of defences under general law and other law not limited
(2) If a defence under this division to the publication of defamatory matter may be defeated by proof that the publication was actuated by malice, the general law applies in defamation proceedings in which the defence is raised to determine whether a particular publication of matter was actuated by malice.
16. I refer you to Section 30 of The Defamation Act of 2005, Queensland
Defence of qualified privilege for provision of certain information
(4) For the avoidance of doubt, a defence of qualified privilege under subsection (1) is defeated if the plaintiff proves that the publication of the defamatory matter was actuated by malice.
Yours
Cr Ron Owen
Address For Service.
Cr Ron Owen
24 Mc Mahon Rd
Gympie, 4570
Queensland.
