Updated May 20, 2013
Prior to Cause of Action: John Best Junior constantly referred to me as brain damaged and multiple variations of crazy including “mental case”. He also accused me of attacking all Autistics.
Cause of Action: John Best Junior accused me of “brutalising” someone, on the basis of an assumption derived from the term “lashed out”. He also used an old legal decision to prove that I was not an Aspie – with subsequent damage as at least four other people believed it.
- I started a defamation action under the Defamation Act 2005. This was filed on February 10, 2010.
- I successfully applied for a waiver of the court fees after a couple of false starts with incorrect and missing information.
- I mailed the documents to the Sherriff’s office in Best’s county, with payment for service. Service was made on March 10, 2010 in the evening local time. This translated to March 11 at my end.
- Best had until April 23, 2010 to file an appearance at the Supreme Court of Victoria and failed to do so. Instead he sent a letter to the court. It was used as evidence against him. The letter stated he would not be involved in the case.
- In early June giving plenty of time for sea mail to cough up an appearance, I filed an application to proceed in the absence of an appearance and a summons was sent to be served on Best. He avoided service presumably by having his wife lie about his whereabouts.
- The application was delayed by an issue with the indorsement which was rectified. The application was also delayed by the need for a full Affidavit of service from the party who served Best with the Writ.
- An amended Statement of Claim was filed to include Best’s publication of my unlisted phone number.
- After a problem, the Affidavit for Service was provided.
- The amended indorsement caused me to have to amend the Writ in full and re-serve it. With Australia now a signatory to the service aspect of the Hague Convention I was asked to follow that procedure. I chose not to as it was not a requirement under the Court Rules, and because the start of the case preceded the change in procedure.
- The Writ was sent to the Central Authority for service. On December 14, 2010, Best was successfully served.
- He had until January 25, 2011 at least or February 4, 2011 at the most to file an appearance. He did not do so.
- An error in the server’s Affidavit was corrected before the matter could proceed.
- The Court instructed me to follow the new procedure instead of opting out. Financial restrictions delayed this to late June 2011.
- The Writ was sent via the Court per procedure to the Central Authority for service. On August 4, 2011, Best was served.
- He had until September 15, 2011 to file an appearance and again failed to do so.
- Matter was adjourned on September 19, 2011 to allow for evidence of the Tort being committed in Victoria to be submitted. Tort was accepted to have been committed in Victoria on October 6, 2011.
- Application for leave to proceed in the absence of an appearance was rejected on October 6, 2011 subject to changes to the Statement of Claim. Changes were made and the amended Statement of Claim was submitted on January 31, 2012.
- On February 21, 2012 the order was issued to serve the document. On March 21, 2012, Best was served again and indicated again that he would not file an appearance.
- On April 30, 2012, the application for leave to proceed was finally approved pending a decision at trial.
- On May 29, 2012, the date for an undefended trial was set. On June 12, 2012, the Notice of Trial was filed.
- On January 21, 2013, the Trial was held and on January 24, 2013, Best was found guilty of defaming me.
- On February 16, 2013, Google removed the defamatory content from the Australian servers, blocking both the blogs in my name completely.
- On February 23, 2013, Best’s time to appeal expired.
- Efforts are now being made to have the decision as it stands recognised and registered in the United States – and Best can not stop it now no matter how long it takes.
Practical notes of the progress will be noted. Hiding the blogs that prove my case have made no difference. Copies have already been taken of the content. All offers are now off.
If Best wants me to delete the section on him on my website, he’s going to have to admit in public that Autism is not caused by mercury poisoning and that he was wrong and I was right about Sam’s Autism. But I seriously doubt he will do that so the section on my website stays.