North & South magazine wants a large part of former All Black Joe Karam's defamation action against it struck out.
In the High Court at Auckland yesterday, Stephen Mills and Helen Wild, acting for publishers Australian Consolidated Press NZ Ltd, asked Justice Robert Chambers to strike out in whole or in part two long paragraphs detailing Mr Karam's grievances. Alternatively, they sought a more explicit statement of claim from his lawyer, Michael Reed, QC.
Mr Mills said many of the 26 defamatory meanings alleged in relation to the March 2002 article "Joe Karam's Magnificent Obsession" about his crusade to free convicted multiple murderer David Bain appeared to be the same or not materially different. It was not acceptable, he said, to plead meanings that were not distinct.
Mr Reed said Mr Karam contended that the article, taken as a whole, carried the "sting" of defamation.
While Mr Karam pleaded the whole article, he "particularised" 52 separate passages at length to avoid the defendant being prejudiced.
In his statement of claim, Mr Karam alleges that the magazine implied he was a dishonest person who told half-truths and quarter-truths, that he intentionally distorted the facts, that he did not properly investigate the Bain case, that he was motivated by making money, that he lacked integrity, that he was attempting to have someone he knew to be properly convicted released from prison, and that he had misused donated funds.
Mr Karam is seeking general and punitive damages.
ACP denies the meanings alleged, and says that the article was properly researched and investigated. It relies on defences of qualified privilege and honest opinion.
The judge reserved his decision.
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