Capilano Honey and their CEO Ben McKee went to the duty judge on Tuesday (19/11/19) for an urgent hearing to stop me from defaming them with their own witness statements. It would be comical if it wasn’t so criminal.
Capilano didn’t seek orders stopping me from saying they sell poisonous or fake honey and if they tried, they would have failed as the Court of Appeal said last year that I was well within my legal rights to say that.
No, Capilano wanted court orders stopping me from telling you, the public, what Capilano and Ben McKee said in their witness statements filed in the Supreme Court of NSW which they claim supports their defamation and injurious falsehood case against me and proves Capilano’s honey is not fake or poisonous.
It was a classic Prince Andrew trainwreck of a decision because if the evidence in their witness statements really proved that Capilano’s Honey wasn’t poisonous and/or fake they would have wanted me to publish it to the readers of this website and to other readers.
As regular readers know last Friday (15/11/19) I published links to full copies of Ben McKee’s witness statement and quoted two parts which I said showed Ben McKee is lying about their claims and I also published testing which proved Capilano has been selling fake honey. (Click here to read more)
Capilano and McKee are now in a position where they will have to go to a final hearing arguing against the evidence in their own witness statements.
After I published the article last Friday Capilano became desperate because their own evidence showed they had no legal case against me so they used a technicality to have interim suppression orders issued.
Capilano argued that because the court ordered them to file witness statements, they had not been entered into evidence yet so I would have to wait until the final hearing when they would formally tender the witness statements before I could publish them. If they had filed the evidence years ago as certified affidavits, which they should have, then it would never have been no issue with me publishing them which I have with all other evidence in this matter and other matters. It seems to have been a deliberate game plan of Capilano’s to avoid their evidence being made public.
I now live in Queensland and I had to represent myself over the phone. I argued that the Supreme Court of NSW should not be hearing the matter. I said it should be transferred to Brisbane given both applicants, Capilano Honey and Ben McKee, are based in Brisbane and I now live just outside of Brisbane, but the judge said I would have to file an application to be heard later.
I also argued that I should not have to take down the article as it showed evidence of a health and safety danger as it proved Capilano was lying about the safety of their honey. But the judge issued interim orders making me take it down until next Friday at least. Money still talks in the Supreme Court of NSW.
I was always in a win / win situation with the hearing because if I won, I won, but If I lost I also won as it proves how desperate Capilano Honey and Ben McKee are and how the courts are still protecting them instead of protecting the public from a company that is knowingly selling fake honey and honey they fail to test properly with pesticides in it.
How long Capilano Honey will continue with this strategy, with their lawyers and barristers, playing a war of law I don’t know but all they are doing is digging a bigger hole for themselves by the day.
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