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| Australian OTO Legal News: December 2007 Press Release |
Posted by lashtal on in 10° : in 26° : dies : Anno IVxv (Dec 02, 2007 - 10:31 PM) |
Reproduced with kind permission...
Two Australian residents who were found to have religiously vilified the OTO and its members in Australia have been sentenced to nine months imprisonment for contempt of court after failing to comply with orders issued by the Victorian and Civil Administrative Tribunal (VCAT) to remove offensive materials from their US hosted website.
Vivienne Legg and Dyson Devine had posted a document authored by Reina Michaelson, a child psychologist, in which she made comment that an abusive network operating in Victoria, in which children were sexually abused and killed in a scenario of satanic ritual abuse, appeared to be the OTO.
The OTO acted to defend itself, its members and Thelema against this vile and unsubstantiated slur.
OTO officers Steve King, David Bottrill and Brent Gray appeared as litigants on behalf of the OTO and successfully sued Legg and Devine for defamation, and also filed complaints of religious vilification against them and Michaelson, whose document was also posted on her organisation's website.
Read on for more of this Press Release...
In a VCAT case settled last year Michaelson admitted she had not produced any proof that any OTO members were involved in such practices and acknowledged the offence caused by the release of the document. The settlement is located at: http://www.otoaustralia.org.au/OTO_final_terms.pdf
Michaelson also removed the document from her organisation's former website and published a statement (see bottom of http://www.csapp.org.au) on her new website claiming that the document was placed there without her knowledge.
On 27 July 2007 Legg and Devine were found guilty of religious vilification and ordered to remove the offensive materials from their website. They failed to do this and contempt proceedings were initiated.
To ensure their appearance before the Tribunal four police officers from Victoria travelled more than 1500 kilometres to New South Wales where Legg and Devine live, and brought them to Melbourne.
Released on bail overnight with orders to appear the next day, they failed to take the opportunity provided by VCAT to comply with the Tribunal's orders and on the morning of Wednesday 28 November 2007 Judge Harbison found that their contempt was deliberate.
She sentenced Legg and Devine to nine months imprisonment with no minimum period.
Sadly, the internet has become a haven for bigotry, ignorance and hate but on a few occasions the perpetrators of vilification are able to be bought to task for their actions.
We applaud the decision by Judge Harbison to jail Legg and Devine who clearly felt that the due process of law did not apply to them.
The Australian OTO is proud to have been able to defend its members and Thelema against these vile slanders and hope that others benefit from the action it has taken.
The OTO was once again ably represented by Cathryn Prowse of DLA Phillips Fox who was joined on this occasion by Dr Ian Freckelton, newly appointed as Senior Counsel. The Australia OTO wishes to thank Ms Prowse, Dr Freckelton and all those who have previously provided us with assistance and representation. We also thank the numerous Thelemites around the world who have supported and encouraged us throughout these litigations - we will keep you posted on future developments.
       
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| Australian OTO Legal News: December 2007 Press Release | Log-in or register a new user account | 20 Comments |
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| Comments are statements made by the person that posted them. They do not necessarily represent the opinions of the site editor. |
Re: Australian OTO Legal News: December 2007 Press Release
by warriormonk93 on Dec 03, 2007 - 04:43 PM (User information
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93! This is fantastic news! Congratulations to our Brethren in OZ! 93, 93/93. Warrior-Monk 93
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Re: Australian OTO Legal News: December 2007 Press Release
by vvv on Dec 03, 2007 - 11:01 PM (User information
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93 Fraters et Sorors in Australis,
Blessings to you and your lodge. Your courage is a shining example to us all in this community dedicated to freedom of thought and action.
Will. Love. In Balance.
Tony
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Re: Australian OTO Legal News: December 2007 Press Release
by ianrons on Dec 04, 2007 - 07:30 PM (User information http://www.themagickalreview.org/)
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They seem to be under the impression that by not defending themselves (like Jesus) they are somehow blameless. I suppose the intent (subconscious or otherwise) is to arouse sentiments of pity... a strategy that evidently failed here. Nine months is a very long time to think things over (though I suppose they'll be out in three), but I get the impression Legg & Devine imagine some Hollywood ending where Rupert Murdoch strides out of the mist and decides to favourably publicise their bonkers case.
Perhaps they'll have a rethink when no journalists are waiting for them outside the prison gates on their release.
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Re: Australian OTO Legal News: December 2007 Press Release
by MichaelStaley on Dec 04, 2007 - 11:47 PM (User information
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Ian, I think it's more basic than that. By not responding, they are simply refusing to acknowledge the jurisdiction of the court to find against them, and embracing the concomitant martyrdom. This case has puzzled me all the way along the line; why make allegations that are so patently without foundation? They're seeking crucifixion, that's all.
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Re: Australian OTO Legal News: December 2007 Press Release
by ianrons on Dec 05, 2007 - 01:24 AM (User information http://www.themagickalreview.org/)
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I was referring more to the wider issue of the media coverage and so on -- and I think we're in agreement that they're "playing to the gallery" -- but also making a tongue-in-cheek reference to the fact that they didn't seem to garner much sympathy from the judge with their lack of a defence. Nine months doesn't sound terribly lenient to me...
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Re: Australian OTO Legal News: December 2007 Press Release
by Neither-Neither on Dec 05, 2007 - 04:39 PM (User information
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HA hah ha hHa hah Ha ha Ha Hah hHa hah ah Hah ah hah ah hhahh AHh ha hah ha hha hAAAAAAAAA!
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Re: Australian OTO Legal News: December 2007 Press Release
by MichaelStaley on Dec 05, 2007 - 06:18 PM (User information
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Just keep taking the tablets, dear . . .
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Re: Australian OTO Legal News: December 2007 Press Release
by ianrons on Dec 05, 2007 - 07:22 PM (User information http://www.themagickalreview.org/)
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Whichever way you look at it, Mick, Christians have had a long run of being unpleasant to people who don't exclusively worship their God, and they're finally getting some payback for constantly calling us names and trashing people's reputations. Serves them fucking right, in my opinion. And yes, the swearing is necessary.
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Another "O.T.O."
by Epon on Jan 02, 2008 - 02:17 PM (User information
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[Moderator note: Your comment has been deleted on account of its potentially libellous nature. Please don't use this website to accuse people of whom you have no knowledge of crimes for which you have no evidence. IR.]
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