PUBLIC FIGURE:
First of all, a public figure is a person who
essentially 'seeks the limelight', or who injects
oneself into the public forum or arena. Therefore,
certain rights of privacy which might otherwise
pertain to many people do NOT pertain to one who
has taken a prominent public stance and profile,
and who has thereby forfeited some rights to one's
privacy. Over the years, m. has clearly thrust
himself in the public arena with hundreds of public
appearances, publicity campaigns, videos,
cassettes, and other promotional materials, media
campaigns, public speeches, etc. Ergo m. is a
'public figure.' This is an indisputable fact, and
the basis for defining m. as a public figure is
well established by numerous precedents of law.
LIBEL OF A PUBLIC FIGURE [OR
OFFICIAL]
In the United States, there have been a number
of U.S. Supreme Ct. cases establishing precedents
regarding what constitutes libel against public
figures. For example, in the New York Times versus
Sullivan (1964), 'the Supreme Court ruled that
public officials [or public figures] can
NOT recover damages for a report related to
official duties unless they prove actual malice. To
establish actual malice, the official was required
to prove that at the time of publication, those
responsible for the story KNEW IT WAS FALSE or
PUBLISHED IT WITH RECKLESS DISREGARD OF WHETHER IT
WAS TRUE OR FALSE.' [from the Associated Press
Libel Manual - caps are mine] The burden of
proof is therefore on the plaintiff to show that
the publication knowingly and deliberately printed
a malicious lie.
Based upon reasonable supposition from Michael
Dettmers' posts on this forum, if one were taking
his accounts to be true, then a critical discussion
of and reasonable conjecture arising from such
accounts would not be libel. Michael has taken that
responsibility upon himself. Therefore he must
surely know whether what he is reporting is true or
is premeditated malicious falsehood.
It is therefore reasonable for others, for
example, to publicly speculate or debate whether
the fatal car-bicycle collision in India was 1) not
m.'s fault, or 2) was avoidable, or 3) may be
attributed to reckless driving or speeding - which
might indeed be grounds for adjudging the matter
vehicular manslaughter. In the absence of any other
accounts to the contrary, the statements we have
received would indicate that there was probably
some sort of wrongdoing involved.
If m. can prove beyond a reasonable doubt that
the accident was not his fault, that he was not the
driver of the vehicle which killed the bicylist,
that he did not, in fact, leave the scene of the
fatal accident, and that someone else who was a
subordinate to one of his appointed instructors did
not falsely admit responsibility in his place, then
the ex-premie forum would most probably owe him a
published apology and a retraction {which is the
customary practice in the press}. In the absence of
any such irrefutable evidence to date, the public
arena is open to much speculation on this subject
(and others).
In the United States and other democratic
republics, there are also guaranteed freedoms of
speech, press, and religion. So long as the
allegations or condemnations made were done so
based upon reasonable suppositions and not merely
contrived recklessly out of deliberate malice, then
libel would be most difficult to prove, if at all.
Furthermore, in any libel litigation, the
respondents have the right to sub poena all
parties, evidence and other materials relevant to
the case which might establish the veracity or
basis upon which the reports and editorializing
were made, in the first place. Would m. and his
subordinates wish to be subponeaed to appear in
court and be cross-examined under oath, and related
files of EVI or m. seized as material evidence?
That seems doubtful.
Now, if the forum had published that someone was
a pedophile who preyed upon premie children,
without any substantiation whatsoever, expressly to
malign that person, then that person would mostly
likely have justiable legal recourse for libel.
In establishing libel, however, the charges or
statements made must not only be proven to have
been deliberately malicious, and injurious -- they
must be proved FALSE and without any merit or
reasonable basis, if the respondent(s) can
demonstrate some reasonable basis for having made
the statements, accusations, or editorial
opinions.
Were a person to sue for libel, and the printed
statements were in fact proven true, then the
respondents would likewise also be entitled to all
costs and fees incurred in their defense [in
some countries damages, too].
In instances where a clear case for libel can
not be established, then the respondents are
absolved of any blame. Similarly, if the
respondents can prove that the published statements
were based upon false information which they
believed at the time to be true, then generally in
matters involving public figures the respondents
would be required to print a retraction and
apology, and a statement of the actual facts or
circumstances. This has been a customary procedure
in the media.
Was the fatal accident vehicular manslaughter or
unavoidable?
That is a matter for public debate, in the absence
of absolute proof. Was m. the driver of the car? If
Michael's statements are true, then we may conclude
that m. was, in fact, the driver. Why would Michael
fabricate such a story, which would open himself up
for libel?
Did m. leave the scene of the accident? If
Michael's statements are true, then we may also
conclude that m.'s actions constituted hit and run
[or fleeing the scene of a fatal motor vehicle
accident], quite possibly in order to evade
individual responsibility. In many jurisdictions,
this flight would be a crime. The fleeing also
opens the door to a reasonable questions of
possible/probable intent. If m. was the driver of
the vehicle involved, why would he flee the
accident scene - if there was no culpability
whatsoever on his part? Why not ask him. He knows
the truth about what happened -- whatever that may
be.
Did m. direct or simply let his instructor's
[Sampuranand] subordinate [a
houseboy] take the rap and falsely represent
himself as the driver of the car which killed the
bicyclist? What was m.'s role in this regard? That
is a legitimate matter of interest. Surely he was
at least aware of what was being done - because he
was allegedly an active party in the switching of
the drivers and car occupants in the motorcade. The
occupants of the cars in the motorcade were also
subordinates of m. who reported to him in his
official capacity as the master and leader of the
cult, or otherwise. Whether his official capacity
as the guru or master is, in fact, also duly
registered or not is not a matter for
consideration, due to the fact that he has
represented himself as the master and the person to
which these individuals would report, which can be
corroborated by countless other credible witnesses.
In the case of Michael Dettmers, we have his
statements that he was the adviser to m. and that
his duties involved services specifically for m.
and his operations.
We also have reason to surmise from his
statements that Michael was, in fact, a party to
certain secret information (why the x-rating?).
Now, it may be that in the public interest, certain
inflammatory things might be said or written by
parties if a disclosure of that information reveals
that any laws have been broken. We have reason to
believe that there may have been wrongdoing
involved in these aforementioned circumstances.
Therefore Michael has an 'Absolute Privilege' to
disclose that information.
Please understand that I am only rendering
opinions here as an individual, not as any legal
counsel, but simply as a private person who has
access to knowledgeable and established guidelines
pertaining to such matters.
Finally, please note: I would caution all of us,
however, not to make any irresponsible or baseless
charges, violent threats, or embark on any other
disreputable actions which might impugn the
integrity, honorable intentions or truthfulness of
the ex-premie forum and website, and thereby
undermine the overall mission of promoting truth,
exposing alleged falsehood and abuses, and allowing
reasonable and open debate on matters relating to
m. and his various organizations, firms, and
entities involved.
'The publication of defammatory matter that
consists of comment and opinion, as distinguished
from fact, with reference to matters of public
interest or importance, is covered by the defense
of fair comment. Of course, whatever facts are
stated must be true.' [from AP libel manual, in
reference to the summary of Hoeppner v.
Dunkirk]
Thank you.
Peace,
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