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Home / New Zealand

Businessman jailed for contempt over defamation

13 Jul, 2007 05:25 AM3 mins to read

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KEY POINTS:

An Auckland businessman has been jailed for six weeks after he was found in contempt of court for his defamatory material about Vector chairman Michael Stiassny.

Vince Siemer, of Silverdale, north of Auckland, was arrested for contempt of court on Thursday morning when he arrived at Auckland Airport from the United States.

Siemer had repeatedly defied a court order from April 2005 which directed him to stop spreading defamatory material about Mr Stiassny.

Siemer had been fined for failing to shut down a website detailing his legal dispute with Mr Stiassny.

Siemer and his company were ordered to pay $198,000 in fines and costs in the High Court in Auckland last year following the defamatory comments.

The Court of Appeal upheld the ruling in April, and the Supreme Court yesterday dismissed a further appeal by Siemer, imposing a further $2500 in costs.

In the Auckland High Court today Justice Judith Potter said prison was a last resort in a contempt of court charge but Siemer had shown no remorse and had given no undertakings he would stop.

Three policemen guarded the full public gallery as Siemer's supporters applauded and yelled comments during Siemer's submission and then Justice Potter's judgment.

Siemer, who said he had been denied access to his legal files which prevented him from making a submission this afternoon, continually insulted Justice Potter and the court , with support from the gallery.

Siemer said Justice Potter had no intention of being fair or considering any evidence which would give a lenient view, a claim which Justice Potter strongly refuted.

As Justice Potter read her judgement Siemer turned his chair around and faced the gallery so his back was to the judge.

Justice Potter said Siemer had ample notice of the consequences of the result of his campaign against Mr Stiassny.

Siemer had wilfully, inaccurately and repetitively continued with his campaign in a way which showed a progression in the nature of offending, she said.

Siemer had flaunted the offending and shown no remorse for his actions, she said.

Justice Potter, speaking through continual interruptions from both the public gallery and Siemer, said the breaches were so serious the court was left with no alternative but to impose a prison term of six weeks.

After Justice Potter finished reading her judgment, police moved in and positioned themselves in front of the gallery, with the judge requesting Siemer be removed from court before she left.

Supporters, including veteran campaigner Penny Bright, yelled at the judge as she left the court.

- NZPA

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