Eugene Correia <gene_correia@ yahoo.com> posted on GoaNet >From a recent judgement in Canada....." We live in a free country where people ave as much right to express outrageous and ridiculous opinions as moderate ones." Mr. Justice Ian Binnie, WIC Radio Ltd. v. Simpson, 2008 SCC 40 ........."
and added that The above items are posted just to show how "fair comment" is interpreted by the court in the light of some goanetters saying they are considering "legal options" for comments made in the debate over the recent Goan Convention. == jc's response to Mr. Correia: likely to be CENSORED by GoaNet Moderators - for whatever reason. This would be in keeping with the recent trend where GoaNet has allowed attacks on Dr. Kevin Saldanha and his family BUT allegedly censored a rebuttal from him.== Dears, I wish to suggest that the Canadian case (WIC Radio Ltd. v. Simpson) identified by Eugene Correia can very easily be "distinguished" from any potential libel case i.e. Saldanha v Correia The following would be the distinguishing point: In WIC Radio Ltd. v. Simpson, the case was about an OPINION, In Saldanha v Correia, the case would be about an ALLEGATION. Mitigating circumstance (say, of being drunk) cannot be used as Mr. Correia has already challenged any potential assertion that he may have been drunk at the time he wrote his "Convention" posts. (please see REFERENCE 1) Mr. Eugene Correia has made an ALLEGATION of "free accomodation" .(please see REFERENCE 2) Mrs. Lisette Saldanha has called this allegation a LIE (please see REFERENCE 3) Mr. Eugene Correia has confirmed that what he wrote was an act of journalism. He wrote the "story behind the story" - NOT an opinion (REFERENCE 4) In short, it might be able to conform to precedent in "WIC Radio Ltd.v. Simpson" IF there was an OPINION that X or Y was compared to a scientist, pseudo-scientist, atheist, wanna-be lawyer, Catholic/RSS ideologue, or a marxist. It will NOT conform to the precedent IF anyone would WITHOUT PROOF accuse another of being a child molestor, spouse beater or of having received a bribe or free accommodation or any other benefits. just my view jc Will accept appropriate correction by way of reasoned arguments. REFERENCE 1: http://lists. goanet.org/ pipermail/ goanet-goanet. org/2008- August/079090. html Dear George, you mean to tell goanetters that I was drunk and then went home and wrote the piece. REFERENCE 2: http://lists. goanet.org/ pipermail/ goanet-goanet. org/2008- July/078065. html According to some sources, the Casa de Goa said it would provide free accommodation and hospitality to one representative of a Goan association from each country. To take advantage of this offer, Kevin secured an official letter from the Goan Charitable Organization (GCO). REFERENCE 3: http://lists. goanet.org/ pipermail/ goanet-goanet. org/2008- August/079133. html There are outright lies in your report, a quick phone call to us would have confirmed the allegation that our trip to Portugal last year was not paid by Casa de Goa, Virginia Gomes of Casa de Goa, wrote in her posts on Goanet that we took care of our own expenses..., however there is no retraction of your statement to date. REFERENCE 4: http://lists. goanet.org/ pipermail/ goanet-goanet. org/2008- August/078851. html What I wrote is a "story behind the story". Such stories make "good journalism" as any journalist on this forum will tell you. It is often an unpleasant task to write about people and groups that one knows on a "personal" basis and not as professional subjects. Such stories do not please everyone and with more than 30 years in journalism I should know. I was nobody's "plant" or "puppet". THE CANADIAN CASE: >From Lexis Nexis Canada http://lexisnexis. ca/documents/ 2008scc40. pdf 1: Mair was a sometimes controversial radio talk show host known for commenting on matters of public interest in British Columbia. 2: Simpson was a widely known social activist who opposed the introduction of materials dealing with homosexuality into public schools. 3: Mair disagreed with Simpson's views and in an editorial broadcast on WIC Radio, Mair compared Simpson to Hitler, the Ku Klux Klan and skinheads. 4: Simpson commenced an action in defamation against Mair and the station. 5: Mair argued that the purpose of his words were to convey that Simpson was an intolerant bigot, not that she condoned violence against homosexuals.
