Capilano Honey and their CEO Ben McKee have refused to file any evidence in the High Court of Australia (HCA) to prove that their honey is not fake or poisonous. They had the opportunity on Friday (21/6/19) to file evidence in the High Court of Australia when they filed their response to my application to have the Capilano Honey and Ben McKee v Shane Dowling matter removed to the High Court.
But once again Capilano Honey and Mr Ben McKee have failed to produce evidence to back up their frivolous and vexatious defamation and injurious falsehood case against me. Ben McKee has an obligation to provide the evidence from 2 viewpoints, firstly, he is personally suing me for defamation.
And secondly, as CEO Ben McKee has an obligation to make sure the evidence is produced to back up Capilano Honey’s injurious falsehood claim against me where there is a reverse onus of proof. That means that Capilano Honey has to prove that their honey is not fake or poisonous, that I acted with malice when I wrote the articles in 2016 and that they have suffered financial loss because of my articles. But last year Justice McCallum and then the Court of Appeal found that Capilano Honey had produced no evidence to back up their claim even though they had since October 2016 to do so.
The below video gives an overview of where the court case is currently at and covers my trip to Canberra and at the end interviewing Capilano Honey’s barrister and lawyers although they didn’t say much. It was filmed outside the High Court of Australia in Canberra (12/6/19), outside the Supreme Court of NSW in Sydney (14/6/19) and at a Woolworths store (21/6/19). (Click anywhere on the below video to watch)
(This article is a follow-up to my previous article titled “Capilano Honey confirms on labels their standard honey is contaminated with pesticides. Capilano’s court case hits the High Court of Australia”) (Click here to read)
The purpose of going to Canberra and filming outside the High Court of Australia part of the above story is to reinforce the fact that the High Court of Australia and its judges have ultimate legal responsibly for what is and isn’t lawful in this country and we will hold them to account.
And it’s about time the High Court of Australia and its judges did something about corruption in the judiciary which allows companies like Capilano Honey to abuse the law for years to silence critics and undermine public debate on important issues.
In Capilano Honey’s response filed in the High Court of Australia on Friday (21/6/19) they duck, weave and deceive without producing any evidence to back up their claim.
I now have 7 days to respond to Capilano Honey’s response filed in the High Court of Australia.
I said in the above video that when I put questions to Capilano Honey they refuse to answer. Well, below is more proof of that because they have once again refused to answer legitimate questions that I emailed their CEO, lawyers and major shareholders.
From: SHANE DOWLING
Sent: 21 June 2019 12:23
To: Ben McKee <B.McKee@hivewell.com>; zz_honey <email@example.com>; firstname.lastname@example.org; email@example.com; firstname.lastname@example.org
Cc: Richard Keegan <email@example.com>; Alexander Latu <firstname.lastname@example.org>; Sandy Dawson <email@example.com>; Martin O’Connor <Martin.OConnor@addisonslawyers.com.au>
Subject: Pesticides and herbicides in Capilano Honey – Media request
Dear Mr McKee
I have some questions for an article I am writing. On the top of the Capilano Honey Organic, Honeycomb 320g bottle is says ““To be certified as organic we guarantee our honey is sourced from hives with a 5km pesticide exclusion radius.”
- Why does it not also say that there is a 5km exclusion radius for herbicides such as Roundup?
- Why does Capilano say or imply that the Capilano Honey Organic Honeycomb 320g is a higher quality than the normal Capilano branded honey?
- Why should consumers pay a higher price for the Capilano Honey Organic Honeycomb 320g?
- It obviously means there is no “5km pesticide exclusion radius” for Capilano Honey’s normal branded honey, is that correct? Does that mean the normal Capilano Honey comes from areas that are sprayed with pesticides? Does that also mean the normal Capilano Honey comes from areas that are sprayed with herbicides such as Roundup?
- If it fair to assume that at least the normal Capilano branded honey could or does have herbicides or pesticides in it? If not, why not?
- So why wouldn’t Capilano’s normal honey be as good if it is sourced from hives that don’t have the 5km pesticide exclusion radius?
- What testing does Capilano Honey do for pesticides and herbicides in the honey that Capilano sells to the public?
- Has or does Capilano Honey ever find positive results for pesticides or herbicides in Capilano’s Honey?
- Can I have a copy of the testing that Capilano Honey does for any pesticides or herbicides? Will you make the results public and if not, why not?
- In a video interview, I recorded last week outside the Supreme Court of NSW, Capilano’s lawyers Sandy Dawson SC, Richard Keegan and Alexander Latu refused to deny there are pesticides and/or herbicides in Capilano’s honey which I take as an admission that Capilano’s honey is poisoned. Do you agree and if not, why not?
Please give a detailed answer to each question and respond by 5pm today so I can publish.
They didn’t respond yesterday and have a history of not responding to legitimate questions.
There are at least 3 reasons why Capilano Honey and Ben McKee should have answered the above questions and many more reasons why it is scandalous that they haven’t answered the questions.
Firstly, the public has a right to know, secondly, it a health issue for many consumers and thirdly they have an obligation for their injurious falsehood court case as they have to prove their honey is not fake or poisonous and even more so now High Court judges will decide if the matter will be removed to the High Court of Australia.
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Categories: Capilano Honey