After opinions here, not a slinging match!
Recently, I was the subject of a defamatory and slanderous document from a kart Club to the SKC.
The fact that the allegations in this document were blatant fabrications is beside the point here.
I am no longer a member of this club, nor of the AKA.
I do not wish to damage the club in question or it's regular members in any way.
I have already sent a letter to the club requesting a written apology and have received a reply that appears to lack an understanding of both the legal ramifications and administrative requirements of an incorporated body. In this letter (from the club president), it is suggested that I take up the matter directly with the person who defamed me, even though they were acting on behalf of the club when they created the document.
Therefore, the question I would like opinions on is...should I :
(a) Do nothing and allow the defamation to go unchallenged
(b) Take action against the club (legally correct, as the person was acting on behalf of the club)
(c) Take action against the individual (legally dubious for the same reason)
(d) Make all documents a matter of public record, so everyone gets to understand the character and ethics of the club official involved.
Once again, I wish there to be no detriment to any regular club members or the club as a whole.
Comments7
Steve,
What do you seek to achieve by taking action?
This will most likely be the greatest contributing factor to deciding which action to take.
Hi Steve,
Yes its a problem alright BUT nothing will change if nothing is done, and the person involved will now believe and keep believing he is now protected and will keep doing this whenever a voice of opposition arises.
In regards to a. refer to above.
In regards to b. you can do this as it will inform the WHOLE club of what has happened, and maybe just maybe the club maybe forced to remove this person from his position to prevent further action. Because I am sure you have advise that you are on solid ground that if this is made known to the club through proper channels then the club may act and you may then withdraw the action thus the club hasn't been found guilty in open court and you have removed the offending person from his position which is what you really want, club safe, person gone!!
In regards to c. most lilely correct as you say he was acting on behalf of the club.
In regards to d. yeah put it on kartbook lol, but this may subject Col to even more pressure, as he has some applied throughout his time., Maybe send a copy to Col first and get his take on it?
Its very sad that club officals do this, and its not surprising, when people are in their position for TOOOOO long they become so entrenched they believe they OWN the club, and I'll bet this club is short on helpers and hence many wont take this person on in fear he does leave and no one steps up to take his place? this head in the sand tactics by members is harmful in the long term because one day someone WILL take them on and they will loose BIG time ALA what happened when AKA took on Prokart, the AKA we intimidating many other people at that time and they tried it once too often and we all know what happened then, maybe this club's time will be coming.?
Do nothing nothing will change and they will get bolder and bolder and no one will be game enough stand up to them, and where will you be then?
Option B for me.
If you are seriously considering legal action, you will no doubt obtain legal advice from a lawyer competent in defamation law.
If you have a case, they will no doubt suggest bringing action against BOTH the club AND the individual.
I say "if you have a case", because there are many factors to consider other than whether a defamatory statement was made.
Most importantly, your loss. Have you suffered a diminution in earning capacity or other financial loss?
Non-financial loss is a real minefield, as your lawyer will no doubt advise you.
Good point Chris, but as a person who will rightly or wrongly fight for principles, my own 'losses' are effecively irrelevant.
As for legal advice, suffice to say that the points at law have already been fully examined by eminently qualified persons.
Chris White said:
If you are seriously considering legal action, you will no doubt obtain legal advice from a lawyer competent in defamation law.
If you have a case, they will no doubt suggest bringing action against BOTH the club AND the individual.
I say "if you have a case", because there are many factors to consider other than whether a defamatory statement was made.
Most importantly, your loss. Have you suffered a diminution in earning capacity or other financial loss?
Non-financial loss is a real minefield, as your lawyer will no doubt advise you.
What I would like to achieve is to bring about circumstances where the character and ethics of the person in question may be examined by any interested party, especially the long list of people who have already lost faith with this individual.
Of course, this needs to happen without affecting the club itself...and there's the problem. If this person were to be named, I fear that the many others over the years who have also alleged wrongdoing by this individual would jump on the bandwagon and the club itself would be dragged through the mud.
Of course, the individual could save us all the trouble by resigning his position and leaving the club for good. I imagine I would accept this in place of a formal apology.
Brenton Taylor said:
Steve,
What do you seek to achieve by taking action?
This will most likely be the greatest contributing factor to deciding which action to take.
Yes Ben, I have read what you have posted on another thread. I wish you every success in what is a far more important and damaging matter than the pathetic and petty antics I am faced with. I too shall make all documents public if I have no other choice, but I fear that I will then be seen to be damaging the club (that I'm not even a member of).
One of the most annoying things about the matter I face is that the person in question has, over the years, given countless hours of their time to the club (even to the detriment of their own commercial interests), represented the club at many levels and has, to the best of my knowledge acted in the best interests of the club and it's members (until recently). Indeed, the primary reason for the communication to the SKC was for the benefit of the club. Why the person chose to word the communication in a defamatory fashion and embellish it with outright lies is a mystery to me, as their primary purpose would have been better served if they had stuck to verified facts.
I would love for any of the SKC delegates to the last meeting to contact me in private, so I may get advice on how the matter was handled (sjo@swiftdsl.com.au). Any such communication will be strictly confidential unless specifically authorised by the sender.
Ben Hardinge said:
Hi Steve
My very recent experience is similar to yours in regards to getting at a person or people who act in there own selfish interest but then hide behind the club. I chose to go public as my lawyer wanted to go after the club as these people acted and where representing the club in everything they where doing wrong, we have a good case aswell unfortunately.
I love karting and have been part of a small clubs for pretty much all of my 25 years in the sport so there is no way Im going to financialy hurt a small club unless I am back in to a corner which has come close I will admit.
I was pretty surprissed how little help I was going to get from our governing body when these people are running members out of the sport and that is where the sport gets its money to survive from it members.
Anyway, best of luck, In my case I have chosen to make everything these people do public (so far I have only released a small amount) so they have to play by the same rules as the rest of us or risk more embarasing evidence being made public.
Latest News:
I have just finished a conversation with a club official. The discussion was very cordial and quite productive in many ways.
It would appear that a way has been found to resolve this unfortunate incident in a mutually beneficial way.
Thank you all for the rather large amount of PM's and email I have received. Information you have provided to me has been most revealing and I appreciate your honesty.
Now....back to Karting :)
(Please consider this thread closed)