Final day in court for the Benhayon v Rockett defamation trial. Here’s hoping for further good news, and the success of the defence motion reported in The Northern Star Newspaper to allow evidence submitted by Benhayon to be used for other actions:
Spiritual leader's court evidence could be used against UM
by LIANA TURNER, The Northern Star
5th Dec 2018 11:33 AM | Updated: 12:00 PM
A COURT will be asked to determine whether documents produced as part of an unsuccessful defamation case could be used to garner potential legislative action against Universal Medicine.
A final hearing in the defamation case brought against Byron Bay blogger Esther Rocket by Universal Medicine founder Serge Benhayon will take place this week.
Mr Benhayon, a former bankrupt tennis coach who founded UM, a Goonellabah-based "complementary medicine" business in the late 1990s, began civil defamation action against former client and blogger Esther Rockett in 2015.
After a lengthy trial, a four-person jury found Mr Benhayon to be "the leader of a socially harmful cult" on October 15.
The jury found most of Ms Rockett's defamatory imputations to be "substantially true".
In a statement, Sydney-based O'Brien Criminal and Civil Solicitors - who are representing Ms Rockett - said as part of the hearing, Ms Rockett would seek to use documents used in the court case.
"Ms Rockett ... seeks orders for leave to use some documents that were produced by Mr Benhayon for the purposes of the case to make notifications to regulatory authorities, and to seek legislative action to protect the public from socially harmful organisations like Universal Medicine," the statement said.
Federal Health Minister Greg Hunt has told The Northern Star he would write to the Australian Health Practitioner Regulation Agency regarding concerns about a UM-linked practitioner.
"Health professionals need to be appropriately qualified and practice with the highest ethical standards," Mr Hunt said.
Mr Hunt said he was "concerned" about allegations about the practitioner and would ask AHPRA to "look at the allegations closely and report back to him".
Friends of Science in Medicine president and UNSW Emeritus Professor John Dwyer previously confirmed FSM planned to lodge a complaint against UM with the NSW Health Care Complaints Commission.
Ms Rockett is also seeking indemnity costs "based on Mr Benhayon's conduct of the proceedings", the statement from her lawyers said.
The court is also yet to decide on legal issues relating to some of Ms Rockett's defences.
The statement said Ms Rockett has thanked her legal team, Tom Molomby SC, Louise Goodchild, and O'Brien Criminal & Civil, who agreed to represent her on a no win, no fee basis.
"Esther's victory was made possible by her indefatigable pursuit of justice," the statement said.
In the proceedings, Mr Benhayon claimed his reputation was damaged by 20 online publications posted by Ms Rockett between November 2014 and August 2016.
This included a blog article, two comments on that blog and 17 tweets.
Ms Rockett pleaded defences of truth, contextual truth, honest opinion and qualified privilege.
Her lawyers said the jury's verdict was a "very significant win on the defence of truth".
The jury had found 39 of 44 defamatory publications were made out, and that 33 of these were true.
Mr Benhayon and his legal team have been approached for comment.
The matter will go before Sydney's Downing Centre Supreme Court tomorrow.
Spiritual leader's court evidence could be used against UM
by LIANA TURNER, The Northern Star
5th Dec 2018 11:33 AM | Updated: 12:00 PM
A COURT will be asked to determine whether documents produced as part of an unsuccessful defamation case could be used to garner potential legislative action against Universal Medicine.
A final hearing in the defamation case brought against Byron Bay blogger Esther Rocket by Universal Medicine founder Serge Benhayon will take place this week.
Mr Benhayon, a former bankrupt tennis coach who founded UM, a Goonellabah-based "complementary medicine" business in the late 1990s, began civil defamation action against former client and blogger Esther Rockett in 2015.
After a lengthy trial, a four-person jury found Mr Benhayon to be "the leader of a socially harmful cult" on October 15.
The jury found most of Ms Rockett's defamatory imputations to be "substantially true".
In a statement, Sydney-based O'Brien Criminal and Civil Solicitors - who are representing Ms Rockett - said as part of the hearing, Ms Rockett would seek to use documents used in the court case.
"Ms Rockett ... seeks orders for leave to use some documents that were produced by Mr Benhayon for the purposes of the case to make notifications to regulatory authorities, and to seek legislative action to protect the public from socially harmful organisations like Universal Medicine," the statement said.
Federal Health Minister Greg Hunt has told The Northern Star he would write to the Australian Health Practitioner Regulation Agency regarding concerns about a UM-linked practitioner.
"Health professionals need to be appropriately qualified and practice with the highest ethical standards," Mr Hunt said.
Mr Hunt said he was "concerned" about allegations about the practitioner and would ask AHPRA to "look at the allegations closely and report back to him".
Friends of Science in Medicine president and UNSW Emeritus Professor John Dwyer previously confirmed FSM planned to lodge a complaint against UM with the NSW Health Care Complaints Commission.
Ms Rockett is also seeking indemnity costs "based on Mr Benhayon's conduct of the proceedings", the statement from her lawyers said.
The court is also yet to decide on legal issues relating to some of Ms Rockett's defences.
The statement said Ms Rockett has thanked her legal team, Tom Molomby SC, Louise Goodchild, and O'Brien Criminal & Civil, who agreed to represent her on a no win, no fee basis.
"Esther's victory was made possible by her indefatigable pursuit of justice," the statement said.
In the proceedings, Mr Benhayon claimed his reputation was damaged by 20 online publications posted by Ms Rockett between November 2014 and August 2016.
This included a blog article, two comments on that blog and 17 tweets.
Ms Rockett pleaded defences of truth, contextual truth, honest opinion and qualified privilege.
Her lawyers said the jury's verdict was a "very significant win on the defence of truth".
The jury had found 39 of 44 defamatory publications were made out, and that 33 of these were true.
Mr Benhayon and his legal team have been approached for comment.
The matter will go before Sydney's Downing Centre Supreme Court tomorrow.