Williams v Craig defamation retrial ordered

The legal war of attrition looks set to continue in the defamation  battle between Jordan Williams and Colin Craig.

Stuff:  Colin Craig wins latest defamation duel with Jordan Williams, retrial ordered

Former Conservative Party leader Colin Craig has won a retrial of the case in which he was accused of defaming Jordan Williams.

The bitter and hard-fought case between Craig and Williams, the executive director of the Taxpayers’ Union, went all the way to the Supreme Court, which on Thursday found the High Court jury had been materially misdirected and the case should be run again.

In the first High Court case a jury had found overwhelmingly for Williams and awarded him $1.27 million in damages.

The damages sum was all that Williams had claimed and set a record for defamation awards in New Zealand.

But the High Court judge said it was excessive, set it aside, and ordered a retrial of both the size of the award and whether Williams had been defamed at all.

The Court of Appeal refused to reinstate the damages but said only the part of the case that dealt with damages should be reheard.

Williams was at the Supreme Court in Wellington to hear its 3-2 majority decision delivered. Later he said he would not comment on the decision. Craig could not be contacted.

Neither Williams nor Craig have come out of the initial attacks by Williams via Whale Oil and counter attack via media and mass mail out by Craig, or the 4 week defamation trial, or the subsequent court actions with their reputations enhanced – to the contrary.

And they have added substantially too their loss of reputation by huge and mounting costs.

Decision: https://www.courtsofnz.govt.nz/cases/craig-v-williams/@@images/fileDecision?r=564.327631828

Craig v Williams strike out attempt fails

This is another chapter in the widening litigation after Colin Craig was attacked via Whale Oil and Craig retaliated via a media conference and a nationwide mail-out of a pamphlet.

Craig is counter claiming defamation against Jordan Williams in a parallel case to the original claim Williams made against Craig.

Williams v Craig

Williams took Craig to court for defamation. Williams won and was awarded a record amount by a jury. However this was overturned by the judge. Wrangling on this case recently got as far as the Supreme Court, and remains unresolved.

Craig v Williams

Meanwhile, Craig also later filed separately for defamation against Williams.

This differs from the Craig v Slater v Craig claim and counter-claim which were heard at the same time (early last year, still no judgment).

Earlier this year Williams applied to the High Court for:

(a) striking out the plaintiff’s (Mr Craig’s) claim as an abuse of process;

(b) if the proceeding is not struck out, transferring the proceeding to the Wellington Registry of the Court; and

(c) if the proceeding is not struck out, ordering Mr Craig to provide security for Mr Williams’ costs

Williams partially succeeded but largely failed.

The claims made by Mr Craig

[4] On 29 May 2017, Mr Craig filed this proceeding (“the Craig proceeding”) against Mr Williams, alleging that Mr Williams made defamatory statements about Mr Craig in the period between 26 May 2015 and 26 June 2015.

[5] Mr Craig’s statement of claim pleads six separate causes of action, each relating to statements allegedly published by Mr Williams.

Conclusions on the strike-out application:

[99] In my view, the issue of whether Mr Craig sexually harassed Ms MacGregor (by means falling short of sexual assault) has been conclusively determined against him in the Williams proceeding.

The causes of action and parts of causes of action that argued whether Mr Craig sexually harassed Ms MacGregor were all struck out.

[128] The pleaded meaning that Mr Craig had sexually harassed Ms MacGregor will be struck out, for the reasons discussed earlier.

But other parts of five of the six claims were allowed to stand. Craig was directed to file and serve an amended statement of claim.

[129] I do not consider there is a sufficient basis to strike out the other pleaded meanings, both of which are concerned with sexual harassment of women other than Ms MacGregor.

Williams also asked that the proceedings be struck out due to the existence of other proceedings. This was declined.

[159] Mr Williams points to numerous Court proceedings Mr Craig has now filed against a number of parties, including Mr Slater, Ms MacGregor, and Mr Stringer. It appears that all of these claims relate broadly to the same series of events in 2015.

[160] I do not think I can make anything of these other claims in the context of the present application. I did not receive any detailed submissions on the nature of the other claims, and I have no basis for finding that they were unnecessary or improper, or otherwise an abuse of the Court’s process. I am dealing here with a strike-out application in respect of this one proceeding, and I think it would be dangerous to conclude from the fact that there are a number of other proceedings commenced by Mr Craig that this proceeding was commenced for an improper collateral purpose, or was otherwise an abuse of the Court process. I decline to strike out the Craig proceeding on the basis of the existence of these other proceedings.

Williams also applied for an order for security of costs. This was dismissed.

Williams also applied for an order transferring the proceeding to the Wellington registry of the Court (from Auckland). This was dismissed.

Craig has failed to re-litigate findings that he sexually harassed MacGregor, but otherwise he successfully opposed Williams applications.

So this means that as well as Williams versus Craig continuing on it’s way through the courts, Craig versus Williams is now also able to proceed.

Full judgment here

 

Williams versus Craig in the Supreme Court

The Jordan Williams versus Colin Craig defamation saga reached the Supreme Court this week. Most media must be over this spat as it was largely ignored.

But for those who aren’t over it yet, Asher Emanuel covered it well for The Spinoff – ‘Who do you despise more?’ Jordan Williams and Colin Craig at the Supreme Court

The jury seem to have despised Craig the most, but the trial judge said that tainted their decision.

Here’s the ‘the very abbreviated version” of the background:

Earlier this year an appeal court said that these long-running defamation proceedings had “exposed serious flaws in the characters of both protagonists”, which is also a fair description of the events which led to this week’s Supreme Court hearing.

In the weeks before the 2014 general election, polls showed the Conservative Party to be a genuine prospect to enter parliament. Two days before the vote, Colin Craig’s press secretary, Rachel MacGregor, resigned unexpectedly. The party ended up falling a percentage point short of the threshold required to make it.

After the election, MacGregor told Williams, an acquaintance of hers, that Craig had sexually harassed her. She later filed a claim of sexual harassment with the Human Rights Tribunal, which was settled in mediation with Craig in early 2015. The settlement included a confidentiality agreement and she considered the matter at an end.

Despite promising MacGregor and her lawyer he would keep her story and documents she’d entrusted to him confidential, Williams used the information in what a judge later described as a “campaign” to have Craig removed as leader of the party. Williams told the party board members, informed Garth McVicar of the Sensible Sentencing Trust that he should prepare to fill the party leadership, and authored posts for Whale Oil under the pen name “Concerned Conservative” alleging Craig sexually harassed MacGregor as well as publishing a poem Craig had sent her.

Craig responded by calling a press conference to announce a pamphlet he’d put together about “the dirty politics agenda and what they have been up to in recent weeks”. There had been a campaign of defamatory lies about him, he said. He’d never sexually harassed anybody, claims otherwise were false, and in the next 48 hours he would be suing Jordan Williams, Cameron Slater, and a member of the Conservative Party board member John Stringer for $300,000, $650,000 and $600,000 respectively.

At a cost of $250,000 he had the pamphlet — replete with strange capitalisation, a cartoon and an obviously fictitious interview between Colin Craig and a Mr X (actually also Colin Craig) — sent to 1.6 million homes.

Williams sued Craig, saying Craig had defamed him by calling him a liar and implying Williams was dishonest, deceitful, a serial liar, not to be trusted, and lacking in integrity. Williams won and was awarded $1.27 million, the largest defamation award ever made in New Zealand. (The trial judge did, though, find there was some evidence that Williams had been dishonest and deceitful, and could not be trusted.)

Both Craig and Williams had their reputations tarnished by the trial, but the jury decided that Craig’s responses to Williams’ attacks were excessive.

The appeal court worried that the size of the original award was more about punishing Craig than vindicating Williams’ reputation. Indeed, Craig’s lawyer had said, pretty candidly, that the he thought the jury “hated” Craig.

And Williams’ reputation was not worth $1.27 million.

“The trial process revealed that Mr Williams had accused Mr Craig of sexual harassment against Ms MacGregor but himself harboured offensive attitudes towards women,” the court said, referring to Facebook messages between Williams and Cameron Slater published by the hacker Rawshark and put in evidence by Craig.

“A damages award should restore Mr Williams’ reputation to the status it ought it to have enjoyed if this element of his character was known publicly. The law must be concerned with the reputation he deserved and compensate accordingly.”

Williams won’t have been well known to the general public but many of those who followed politics and ‘Dirty Politics’ are likely to have not rated his reputation highly before his spat with Craig.

And this week the spat reached the Supreme Court.

The precise legal issues involved are particularly technical and arcane — for instance, which elements of the defence of qualified privilege are for a judge to decide, and which are for a jury.

But the essence of each party’s case is simple enough. Williams wants the jury’s verdict to stand, including the enormous damages award. He disagrees with the trial judge’s decision to order a retrial of the whole case, and the appeal court decision that any damages should be far more modest.

Craig, presumably, just wants it all to go away. The jury shouldn’t have taken away his defence. He had been defending his political standing, his lawyer explained. He had retaliated to “protect his reputation as a man, a husband and a father.” Williams, by contrast, was overly hasty, exaggerated his claims, breached various assurances of confidentiality, was uninterested in evidence which contradicted his views, et cetera.

In this case, the privilege Craig relied on is the right to respond to an attack on one’s reputation. Williams attacked Craig, so Craig was entitled to respond. But there are limits. For instance, Craig would lose the defence if he was mainly motivated by “ill will”, including if he didn’t believe what he was saying was true.

Craig’s lawyer said he honestly believed that he had not sexually harassed MacGregor, and that the relationship was close and to some extent reciprocated. The judge’s instructions to the jury made it seem like it was easy for Craig to lose his defence, the lawyer argued.

Williams’ lawyer said Craig knew he sexually harassed MacGregor, he knew his remarks about Williams were false, and the defence was not available to him, as the jury decided.

The lawyers, who must have already cost their clients huge amounts of money, went over all of this over two days in front of five Supreme Court judges.

The outcome will be awaited. The jury’s verdict could be reinstated. A retrial could be ordered, either in whole or just on damages, which retrial could in turn give rise to further appeals, and so on and so on. Unfortunately, the courts cannot substitute their own view on damages unless the parties consent. And agreement to let the court assess damages has not been reached, despite some pleading from the appeals court.

In time a verdict will come out, but that will only determine who this saga will proceed to yet another court.

And that’s not all for Craig. He is still waiting for a verdict on his defamation and counter claim versus Cameron Slater, now well over a year after the trial. perhaps that has been waiting to see the outcome of this saga, as any monetary award would have to add up alongside whatever Williams ends up with being awarded.

And that’s not all for Slater – Blomfield v Slater trial date set

A defamation proceeding brought by Matthew Blomfield against Cameron Slater that was started in the District Court in 2012 will finally go to trial in the High Court in October. It will be judge only (no jury), and is expected to run for four weeks or six weeks (two recent judgments give different durations).

It’s hard to see there being any winners out of all of this, financially at least. The cost of taking defamation to court is horrendous, and as Williams and Craig have found out the cost to their reputations can be high as well.

Craig versus Williams granted leave to appeal and cross appeal

The Colin Craig versus Jordan Williams defamation saga continues, and it’s getting a bit complicated legally.

Williams won a record payout in a High Court jury trial. However the judge had concerns about that verdict.

Craig took it to the Court of Appeal, which ruled earlier this year hat it was “satisfied that the jury’s award of both compensatory and punitive damages was excessive or wrong, and must be set aside accordingly.”

Today the Supreme Court granted leave to appeal that to Williams, and also leave to cross appeal was granted to Craig.

So it’s looking increasingly likely the only winners will be the lawyers.

NZH: Supreme Court allows Craig v Williams defamation appeal over compensation amount

New Zealand’s highest court will allow challenges to a court’s ruling that $1.27 million in compensation for a man defamed by former politician Colin Craig was “excessive or wrong”.

New Zealand Taxpayers’ Union executive director Jordan Williams sued Craig, the former Conservative Party leader, for defamation after Craig, in 2015, delivered 1.6 million pamphlets criticising Williams to homes across the country and held a press conference.

Williams sought compensatory damages of $400,000 and punitive damages of $90,000 for the remarks against him, and a further $650,000 in compensatory damages and $130,000 in punitive damages for the leaflets.

So this is likely to take at least a few more months, if not longer.

In the meantime Craig is still waiting for a judgment on the judge only defamation he took against Cameron Slater, who also took an action against Craig.

The Court of Appeal ruling: WILLIAMS v CRAIG [2018] NZCA 31 [5 March 2018]

High Court ruling: WILLIAMS v CRAIG [2017] NZHC 724 [12 April 2017]

Williams versus Craig: will there be an apology?

Jordan Williams has sort of won the latest round in the defamation proceedings he brought against Colin Craig, but it’s hard to are any either his or Craig’s reputation or bank balance coming out of this in the positive.

Williams was originally awarded about $1.2 million in ordinary and punitive damages by a jury, but the judge set that aside, saying it was an excessive award and it should go back to trial. Williams appealed that and won – it won’t go back to trial to determine defamation, that stands, but it will go back to trial or the judge to determine an appropriate award. Craig cross appealed and lost.

A key question in the original trial was whether Craig’s reaction to attacks and provocation from Williams was justified or over the top. The jury ruled it was excessive and that stands, but the Court of Appeal ruled they didn’t take the behaviour and reputation of Williams into account when awarding damages.

Judgment of the Court

A The appeal is allowed in part. The order made in the High Court for retrial of the appellant’s claims for liability and damages is set aside.

B Judgment is entered for the appellant in accordance with the jury’s verdict on liability. An order is made directing a retrial of the appellant’s claim for damages.

C In all other respects the appeal and cross appeal are dismissed.

D The respondent is ordered to pay the appellant 50 per cent of costs as calculated for a standard appeal on a band A basis with usual disbursements. There is no order for costs on the cross-appeal. All costs issues arising in the High Court are to be determined in that Court in accordance with this judgment.

However they also ruled that it was appropriate to set a limit on the level of damages.

[58] Mr Williams must take primary responsibility for the jury’s delivery of an unsustainable award. His claim was pitched at a plainly extravagant level. There was no request for a direction about the appropriate parameters of an award. In this case an appropriate direction would have been up to $250,000 for compensatory damages
including aggravation, and for punitive damages no more than $10,000.

[78] It will be for the retrial Judge to decide procedure for a damages claim.

(b) Mr Williams is entitled to a compensatory award, which should be anywhere up to a maximum of $250,000 for damage to his reputation, including aggravating factors…

(c) an award of punitive damages was also available but should not be more than $10,000.

So a maximum of $260,000 recommended, about a million dollars less than the original award.

A lack of an apology from Craig was a factor, and remains a factor.

[41] The circumstances of this case are much less serious than those of Siemer v Stiassny and Holloway. We acknowledge the jury’s finding that Mr Craig’s statements about Mr Williams were false and defamatory and would tend to lower his standing in the estimation of right-thinking members of society generally. Its verdicts must be respected. We acknowledge also the gravity of Mr Craig’s attack on Mr Williams’ reputation, the nationwide and repetitive circulation of Mr Craig’s defamatory comments, Mr Craig’s persistence with his defence of truth and attack on Mr Williams’ reputation, and Mr Craig’s refusal to apologise. However, some perspective is necessary. We refer to two particular contextual factors.

[42] First, Mr Williams cannot point to any special harm. He is not a public figure. He is the leader of a little-known political group. Nor was he defamed in performing his professional duties as a lawyer. He was defamed in response to his actions taken with the aim of removing Mr Craig from his office as leader of a small political party. Whether Mr Williams’ objective was purely personal or linked to his role as a lobbyist for fiscal conservatism is of no real moment. His tactics — such as private messaging and the use of a pseudonym — were covert so as to keep himself out of the public eye.

[43] The trial process revealed that Mr Williams had accused Mr Craig of sexual harassment against Ms MacGregor but himself harboured offensive attitudes towards women. Mr Williams’ Facebook exchanges with Mr Slater, on which he was recalled for cross-examination at trial, were sexually crude and disparaging of women, particularly those of a different political leaning. In a written apology, which he read aloud at trial, Mr Williams accepted that his messages portrayed him in a poor light. It may fairly be observed that the trial process exposed serious flaws in the characters of both protagonists.

[79] …The trial Judge will provide extracts from the evidential transcript. Mr Craig may also wish to mitigate damages by tendering an unequivocal apology to Mr Williams.

This suggests that if Craig tenders “an unequivocal apology” the damages will be mitigated – that must mean reduced.

I don’t know if Craig will be prepared to apologise, but if he does, properly, the award should shrink further.

This has been a very costly trial, both monetary and to both reputations.

Williams was awarded just 50% of the costs of his appeal, and none of the costs for the cross appeal.

On a retrial on damages he may also be awarded costs, but that may not be all of the costs there, and I don’t know how the costs of the original trial will be determined, if at all. It’s hard to see Williams being awarded all costs given the Court of Appeal stated “Mr Williams must take primary responsibility for the jury’s delivery of an unsustainable award”.

In one respect Williams has won – the defamation decided by the jury stands. But he has not helped his own reputation with the trial, and he may not come out of this very well financially either. It could end up being a win-lose outcome for him.

It’s just a lose-lose situation for Craig. He was understandably at the attacks on him and the fairly clear attempts to destroy his political career and his Conservative party, but he over-reacted in response, using the power of his money excessively. That has cost him a lot. If he apologises it will cost him a little less perhaps.

Williams versus Craig – retrial of damages only

The Court of Appeal has ruled in the Jordan Williams versus Colin Craig defamation, saying there should be no retrial of the defamation, but the costs should go before the Court again.

 

After noting Wiliams’ Facebook exchange with Whaleoil was “sexually crude and disparaging of women” the Court of Appeal said of the damages award: “The law must be concerned with the reputation he deserved and compensate accordingly.”

The Appeal Court on Colin Craig “We agree with Mr Mills QC that the size of the award suggests the jury’s particularly adverse judgment on Mr Craig’s character, credibility and conduct of his defence. Mr Mills pitched it at the level of the jury’s hatred for Mr Craig.”

But a different take from Stuff:  Taxpayers’ Union boss wins right to argue claim for $1.27m in damages

Taxpayers’ Union co-founder Jordan Williams may be able to claw back the $1.27 million in damages originally awarded to him in a defamation case.

The High Court judge presiding over the case later set aside the damages – the largest defamation award in New Zealand, and the maximum Williams had sought.

But on Monday, the Court of Appeal released a decision allowing part of Williams’ appeal, which would see a retrial of his claim for damages.

Other aspects of Williams’ appeal and Craig’s cross-appeal were dismissed. However, the retrial relating to the damages alone, would give Williams the chance to claw back at least some of the initial $1.27m he was initially promised.

That’s different to the headline and initial paragraph. Stuff has a copy of the decision.

[78] It will be for the retrial Judge to decide procedure for a damages claim.The process should be analogous to trial of a claim on admitted facts, or admitted pleadings, and be relatively straightforward. The Judge could properly direct the jury to this effect:

(a) Mr Craig defamed Mr Williams in two separate publications, the Remarks and the Leaflet, at least a week apart, by stating that Mr Williams had acted dishonestly, untruthfully and deceitfully for making the allegation that Mr Craig had sexually harassed Ms MacGregor, which was necessarily rejected by the first jury;

(b) Mr Williams is entitled to a compensatory award, which should be anywhere up to a maximum of $250,000 for damage to his reputation,including aggravating factors, taking into account that:

– any damage was caused primarily by the Remarks and compounded marginally by republication in the Leaflet;

– some of the allegations made by Mr Craig about Mr Williams’ conduct relating to the defamatory statements had elements of truth in that some aspects of his conduct had been dishonest, deceitful and untrustworthy, but not in making the allegation of sexual harassment;

– Mr Craig’s statements were made in a political context and in a counter-attack to criticisms made by a man whose own attitude to women was questionable;

– elements of Mr Craig’s  conduct of his defence may have compounded the original damage; and

(c)  an award of punitive damages was also available but should not be more than $10,000

That sets maximums at less than a quarter of the original award.

79]

The Judge’s approach will ultimately be influenced by the parties’ decisions.

[80]
There is of course a more pragmatic and sensible solution. The parties can simply agree that Katz J should determine damages.  The Judge alluded to this option in her retrial decision.  She invited counsel for the parties to submit memoranda.Both sides have since shadow boxed on this proposal, which remains in limbo. It isthe most obvious path to resolution if the parties are genuinely seeking finality. Katz J is fully familiar with all the evidence and would only require focused submissions from counsel to complete the exercise.

Can they be pragmatic?

[118]  The appeal is allowed in part. The order made in the High Court for a retrial of the appellant’s claim for liability and damages is set aside.

[119]  Judgment is entered for the appellant in accordance with the jury’s verdict onliability. An order is made directing a retrial of the appellant’s  claim for damages.

[120]  In all other respects the appeal and cross-appeal are dismissed.

[121]  The respondent is ordered to pay the appellant 50 per cent of costs as calculatedfor a standard appeal on a band A basis with usual disbursements. This reductionreflects the fact that the appeal was only partially successful. There is no order for costs on the cross-appeal. All costs issues arising in the High Court are to be determined in that Court in accordance with this judgment.

The decision online: http://www.courtsofnz.govt.nz/cases/williams-v-craig-1/@@images/fileDecision?r=514.731640769

Statement from Jordan Williams re Court of Appeal decision

Naturally, I am delighted with the success of my appeal at the Court of Appeal overturning Justice Katz’s earlier decision to set aside the jury verdict in my defamation claim against Colin Craig. Justice Katz had ordered a full re-trial on the basis that the $1.27 million damages award was so high.

I am very relieved that there will not be a full re-trial, and that the issue is now simply damages. It means Mr Craig has failed in his efforts to re-litigate, yet again, this whole matter.

The judgment is totally clear that I was defamed by Mr Craig, and that the jury’s findings, now confirmed, have vindicated me.

No one can take away from the fact the jury were unanimous in my favour. The jury believed me, believed Rachel MacGregor, and not Mr Craig. Today’s decision has confirmed all of that.

As I said immediately after the jury verdict, I never entered into these proceedings for the money, nor did I want these proceedings at all. It was only Mr Craig’s own threats of legal action against me which saw us in Court. I sought to prove that Mr Craig’s allegations were wrong and to put a stop to Mr Craig’s egregious assault on my reputation.

But overplaying his hand on money has resulted in this legal mess.

[58] Mr Williams must take primary responsibility for the jury’s delivery of anunsustainable award. His claim was pitched at a plainly extravagant level. There was no request for a direction about the appropriate parameters of an award. In this case an appropriate direction would have been up to $250,000 for compensatory damages including aggravation, and for punitive damages no more than $10,000.

‘Back Judith Collins’ website and the Taxpayers’ Union

The Taxpayers Union denies being involved in a pro-Judith Collins website that appeared briefly before being taken down. Whether they were or weren’t behind the site it is a curious story.

Stuff reported on Monday: Anonymous ‘Back Judith’ website has fake phone number, registered to Collins’ office address

An anonymous website backing Judith Collins for National Party leader is registered to her electorate office address, a fake phone number, and what appears to be a fake identity.

The now-deleted website BackJudith.nz said it is “in no way endorsed by the National Party formal hierarchy, or Judith Collins” – a view Collins echoes. But a domain name lookup on the service whois has the website registered to her office address and phone number.

Since Stuff published a story on the topic the website appears to have been deleted.

The name associated with the registration was Raquel Ray. There is no online or ownership records of a Raquel Ray in New Zealand, save for a recently set up Facebook account and a smattering of Official Information Act requests to Callaghan Innovation.

That Facebook account – which has posted a link to the BackJudith website – has a profile picture also found on a photography website. That photographer told Stuff the person in the photograph was someone else not named “Raquel Ray”.

Collins herself said she and her office had nothing to do with the website. She assumed it was someone who really did want to support her and simply remain anonymous.

“Well I know that nobody in my office would actually be able to do that. I presume it’s not someone trying to cause difficulty for me.”

If her office had set it up secretly “using my work address would be a really dumb thing to do.”

The website encourages people to sign an open letter to National MPs to back Collins for the leadership.

The NZ Taxpayers Union have run a campaign around Callaghan Innovation expenses. Director Jordan Williams said they had a “Raquel Ray” in their database as someone who had sent in tip-offs in the past.

Williams said he and his staff were not at all involved in the website.

Stuff followed up yesterday: Taxpayers Union’s Jordan Williams’ personal email connected to Judith Collins website

Taxpayers Union director Jordan Williams’ personal email address was connected to an anonymous website backing Judith Collins for the National Party leadership, information provided to Stuff shows.

Williams said he was not behind the website on Monday and continues to deny it on Tuesday, instead suggesting that he is the victim of an elaborate smear.

Williams said the Taxpayers Union had a “Raquel Ray” in its records as someone who had sent in tip-offs but ruled out any involvement from him or his staff.

“They’re in our database and have sent through a bunch of tips in the past,” Williams told Stuff on Monday.

“Otherwise we have absolutely no association and are not taking a position in this. It’s definitely not come from within.”

A screenshot provided to Stuff shows the Raquel Ray email address that was used to set-up the website has Williams’ personal email set as its password recovery email.

The last five letters of the email address are starred out but perfectly match Williams’ personal email address. He later confirmed he had received a message to that address concerning password recovery.

However, there is nothing to stop the person who controls the Raquel Ray account setting the account recovery address as Williams – there is no verification process.

Reached on Tuesday, Williams said that this “can’t be right”.

“I did get a password reset email randomly last night,” Williams said.

He confirmed he had no involvement with Raquel Ray – other than that email had sent in tip-offs to the Taxpayers Union in the past. He declined to immediately forward that correspondence on to Stuff.

After searching his inbox Williams said that he received an email to his personal address early on Tuesday morning saying his email had been added as the recovery address to the Raquel Ray account.

He declined to forward this on to Stuff, saying he wanted to get advice on that first.

“I’m very worried that this is some sort of setup,” Williams said.

He said his personal email address was available easily online and so it wouldn’t be that hard for someone to set him up in this manner.

Williams and his organisation maintain that they are politically independent.

Related to the ‘Raquel Ray’ tipoff to the Taxpayers Union on the Callaghan Institute

There are no online or property records linked to a “Raquel Ray” save for a recently setup Facebook account using a stolen photo and a smattering of OIA requests to Callaghan Innovation.

RNZ (5 February 2018): Taxpayers’ Union criticises Callaghan spending

Last week the Taxpayers’ Union revealed the government’s science funding agency Callaghan Innovation spent more than $300,000 in a year on entertaining clients and staff. Now it says new figures show it also spent about $2.4 million on travel and accommodation. Joining us in the studio is the executive director of the Taxpayers’ Union, Jordan Williams.

And this tweet:

From FYI.org.nz:

Expenses | Beer and Burger Joint

Request sent to Callaghan Innovation by Raquel Ray on .

Withdrawn by the requester. 

That’s the only OIA request by ‘Rachel Ray’ at FYI.

I haven’t seen the ‘Robert Preston’ lead investigated. I haven’t heard of that name and a quick search doesn’t come up with anything. Surely OIA requests can’t be anonymous?

So:

  • Who set up a website supporting Judith Collins but didn’t want to be identified?
  • Why was the website taken down as soon as curious information was reported?
  • Was Jordan Williams or the Taxpayers Union involved (this is denied)?
  • If Williams wasn’t involved, why has someone tried to link him to the website?

I’d have thought that if someone wanted to set Williams and/or the Taxpayers Union up they would have wanted maximum publicity, so why would they take the site down so quickly?

Another curious aspect – as far as I can see there is no mention of this ‘Back Judith Collins’ website on Whale Oil. If such an odd attempt to promote Judith Collins but then was suddenly taken done when publicised has involved one of the other four National leadership candidates Slater is likely to have poured scorn on it.

Perhaps Slater didn’t want to give any more publicity to another website backing Collins, as that would compete with Whale Oil’s hard core promotion of Collins – the WOBLOG party is in activism overdrive.

Both Collins and Williams have had connections to Slater and controversial political activities in the past.

NOTE: some apparent connections have been reported on, but denials have been made with serious alternative suggestions (a set up). Don’t assume, insinuate or claim anything as confirmed or fact unless you have confirmation or facts to back your comments up.

Williams v Craig appeal – reserved decision

Not surprisingly the Court of Appeal has reserved it’s decision after a two day appeal hearing in the defamation case between Jordan Williams and Colin Craig.

Stuff:  Jordan Williams might be victim of his own success in defamation case

The Court of Appeal has reserved its decision on his attempt to recapture the $1.27 million award for defamation the jury made against Conservative Party founder and former leader Colin Craig.

It was such a big win  – the largest defamation award in New Zealand, and the maximum Williams had sought – that a High Court judge set it aside, and the Court of Appeal looks unlikely to reinstate it.

After the jury’s award was set aside and a new trial ordered, Williams appealed to have the jury’s verdicts upheld.

The Court of Appeal indicated that the damages probably could not stand.

If damages alone had to be assessed again, it was a question of whether the original trial judge could fix them; whether a jury might do so, based on a more limited body of evidence; or whether the whole case had to be run again.

Williams’ other lawyer, Peter McKnight, said Williams would agree to having the original trial judge fix damages, even though she appeared to have an adverse view about Williams in some respects.

That sounds like an acceptance that a lower award is inevitable, at best, and Williams obviously wants to retain the verdict.

Craig’s lawyer Stephen Mills, QC, said the Court of Appeal had to be satisfied the jury had not reached its decisions through “gross prejudice”.

Craig wants a new trial to have another chance at defending himself.

The original judgment took a long time. The judgment in Slater v Craig is taking a long time – the case was hear in May.

It seems unlikely a decision will be made here before the end of the year.

Craig’s poem back in court

Colin Craig is back in court this week, appealing a High Court decision that found his copyright claim on publication of a poem he wrote was vexatious.

Most media seem to have had enough of Craig in court but NZ City covers it:  Colin Craig’s poem lawsuit back in court

Judge Mary Beth Sharp threw Mr Craig’s copyright lawsuit out in December, calling it “vexatious”, “improper” and a “deception perpetrated on the court”.

On Wednesday, lawyers for Craig appealed that decision in the High Court at Auckland, saying a literary work didn’t have to reach “Tolstoy’s standards” to be protected and that there were legal arguments that still needed to be heard.

Lawyer Kevin Glover said the case shouldn’t have been thrown out over a procedural error made by Mr Craig – who failed to file a reply to a document – because he had been arguing the case for himself as a “layperson”.

“Mr Craig should have had a bit more slack cut to him,” he said.

There had been no other agenda behind the lawsuit as found by the judge, Mr Glover said, adding the decision had been “coloured” by media coverage of other legal cases Mr Craig was involved in.

“He has a legitimate claim for infringement of copyright.”

But this claim was opposed.

But Mr William’s lawyer, Peter McKnight, told Justice Mark Woolford the case could not be considered independently of Mr Craig’s numerous other legal proceedings, reading out a long list.

“He’s had his day in court. In fact, he’s had seven-and-a-half weeks,” Mr McKnight said.

And counting. But court decisions aren’t based on quotas. Slater’s  days in court must be clocking up too – most not of his choice, but he has certainly stretched out some procedures.

Mr Slater’s lawyer, Brian Henry, said Mr Craig had chosen to run the case himself and could have easily hired lawyers as he had done in past.

That’s an odd point to pick out. The item concludes:

The hearing continues.

But ‘Whaleoil staff’ state:

The judgement was entered in favour of Mr Craig, who now gets to pursue his copyright claim in a separate court case.

I have no idea why Craig continues with all his legal crusades. he seems to think that his honour is at stake but I don’t think he is enhancing his fairly tattered reputation – the wrecking of which seems to have been the aim of Williams and Slater. They have succeeded, but they didn’t help their own reputations in the process.

Whale Oil is again allowing criticisms and comments against Craig in relation to ongoing court proceedings they are involved in. I think this is unwise, and find it highly hypocritical given their accusations and threats here over the last few days. ‘Albert’ posted “The last few months have been a free for all in your comments against Slater “, which is not true, while they allow a virtual free for all against Craig to continue.

Taxpayers’ Union response to Spinoff apology

Jordan Williams has responded to the Spinoff apology and has demanded answers. There are suggestions of a thick plot here.

Retraction and apology received from the Spinoff

The full retraction and apology by the Spinoff, relating to allegations that were totally false and defamatory, contained in an article by Simon Wilson, and published on the Spinoff website morning, is welcome.

The Spinoff has accepted that the Taxpayers’ Union (including its affiliate the Auckland Ratepayers’ Alliance) and the three people named in the original article had no role in the distribution of feathers. The Spinoff has apologised for making the allegation and rewritten the article.

We want to know how the Spinoff got this so wrong, and why they didn’t even bother to approach us for comment before publishing.  Both organisations operate 24-hour phone lines for media comment. We couldn’t be more available.

The Spinoff is funded by Auckland Council through its “Heart of the City” lobby group.  We want to be satisfied that the Spinoff was not acting pursuant to the Council’s interest in distracting attention from the finalisation of the Council’s budget.

This suggests there could be a thick plot here.

It’s fair to ask how the incorrect accusation came about.