Newtown-Fella
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« on: February 03, 2009, 10:32:55 am » |
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Defamation case against Clark dropped 03-Feb 11:58 An Auckland doctor has dropped a defamation suit against former prime minister Helen Clark after she publicly acknowledged he did not break the law. Former Auckland District Health Board member Tony Bierre launched the defamation suit last year after Miss Clark made comments in March questioning whether he had broken the law by misleading the DHB over a controversial laboratory contract. Dr Bierre received an open letter from Miss Clark yesterday acknowledging he did not commit an offence. "In my comments I noted that I would be seeking a briefing as to whether your breaches were offences. They were not, as I learned and accepted shortly afterwards, and continue to accept," Miss Clark said. "I trust that this letter, which is open and public, will resolve your concerns." In a statement through his lawyer, Dr Bierre said he would end defamation proceedings. "This letter vindicates my position that I have never broken the law," he said. Miss Clark's comments on March 26 followed the High Court at Auckland overturning the decision by Auckland, Waitemata and Counties-Manukau DHBs to reassign laboratory services from Diagnostic Medlab (DML) to Labtests Ltd. Diagnostic Medlab claimed, and the High Court agreed, there was an improper use of insider information by Mr Bierre who at the time was the Labtests' boss. The High Court also ruled the three Auckland DHBs did not consult widely enough. But the Court of Appeal overturned the decision in September, saying the health boards did consult properly and Dr Bierre acted appropriately once his conflict of interest arose. "Miss Clark's acknowledgement that I did not commit any offence provides me the opportunity to finally restore my reputation, and brings an end to a matter that has both jeopardised my professional career and inflicted significant emotional hardship on my family," Dr Bierre said. "I am pleased that this matter has been resolved and I look forward to moving on." http://www.3news.co.nz/Defamation-case-against-Clark-dropped/tabid/423/articleID/89538/cat/64/Default.aspx
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Lovelee
XNC2 GOD
Posts: 19338
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« Reply #1 on: February 03, 2009, 11:11:17 am » |
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LOL humble pie - its more about being big enough to be able to say - I made a mistake.
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Laughter is the best medicine, unless you've got a really nasty case of syphilis, in which case penicillin is your best bet.
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guest49
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« Reply #2 on: February 03, 2009, 01:00:20 pm » |
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Or, "I cant be bothered any more, with suffering a court case which even if I win, will still cost me thousands."
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Newtown-Fella
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« Reply #3 on: February 03, 2009, 01:31:37 pm » |
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Or, "I cant be bothered any more, with suffering a court case which even if I win, will still cost me thousands." how was she ever going to win when she was wrong
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Magpie
Part-Of-The-Furniture Member
Posts: 715
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« Reply #4 on: February 03, 2009, 02:12:05 pm » |
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But, was she wrong?
She certainly questioned whether Dr Bierre had broken the law, but that is not necessarily defamatory. It could well have been determined that it came under the heading of fair comment.
There is no guarantee Bierre would have won his case, why perhaps explains why he was so ready to drop it.
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I have nothing to declare but my genius - Oscar Wilde at US Customs
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Kiwithrottlejockey
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« Reply #5 on: February 03, 2009, 02:35:56 pm » |
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The only people who REALLY WIN from these sorts of cases (and line their pockets) are the LAWYERS!
So sometimes the best thing to do is to be pragmatic and withdraw (or apologise, or whatever) to simply make it go away and stop lining lawyers pockets, even if you think you could win the case.
It's no different to Trevor Mallard being pragmatic and pleading guilty to assaulting Tau Henare, even though the so-called victim wasn't the slightest bit interested in taking the matter any further and the prosecution was the result of a complainant [a Nats supporter] taking the action he did to divert attention from the fact that he (the Nats-supporting complainant) was facing criminal charges for ripping the NZ taxpayers off. Trevor Mallard would most likely have won that case an been found not guilty (it would be a brave Judge who would convict him when the victim was openly hostile to giving evidence and could conceivably have ended up being declared a hostile witness if forced into the witness box) but would have ended up paying a shitload of money to lawyers and any penalty likely to be dished out by the court would probably be only a fraction the cost of paying lawyers to carry on with a defence.
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Magpie
Part-Of-The-Furniture Member
Posts: 715
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« Reply #6 on: February 03, 2009, 04:05:07 pm » |
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Clark, of course, hasn't apologised, there was nothing to apologise about. She has simply written a letter clarifying that her advice was Dr Bierre hadn't broken the law and that she accepts that.
Its hilarious the hold Clark still has over some people, She is no longer PM, not even Leader of the Opposition, just an Opposition spokesperson. Her political career is virtually over.
Yet every time they hear her name, characters like Newtown-Fella go all a twitter and wet themselves. Even now, they are still afraid of her!
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I have nothing to declare but my genius - Oscar Wilde at US Customs
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Brownie55
Global Moderator
Incredibly Shit-Hot Member
Posts: 2717
OK, so what’s the speed of dark?
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« Reply #7 on: February 03, 2009, 04:34:00 pm » |
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and others come rushing out to defend her
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I almost had a psychic boyfriend, but he left me before we met.
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enemyoftheleft
Bloody-Good Member
Posts: 410
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« Reply #8 on: February 03, 2009, 04:36:51 pm » |
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i can see this thread going to the biffo room
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liquor up front,poker at the rear
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Alicat
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« Reply #9 on: February 03, 2009, 04:47:54 pm » |
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Yet every time they hear her name, characters like Newtown-Fella go all a twitter and wet themselves. Even now, they are still afraid of her!
Who on the board is afraid of Helen Clark? Where has NF gone all a twitter and wet himself?
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Magpie
Part-Of-The-Furniture Member
Posts: 715
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« Reply #10 on: February 03, 2009, 06:17:07 pm » |
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Well, Ali, if you don't know by now where men wet themselves, then I don't think I ought to tell you.
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I have nothing to declare but my genius - Oscar Wilde at US Customs
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Alicat
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« Reply #11 on: February 03, 2009, 06:25:25 pm » |
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Well, Ali, if you don't know by now where men wet themselves, then I don't think I ought to tell you.
I repeat my question Magpie - Where has NF gone all a twitter and wet himself?
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Newtown-Fella
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« Reply #12 on: February 03, 2009, 06:46:17 pm » |
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Where has NF gone all a twitter and wet himself?
well i hate to upset you Magpie but the wettest ive been all day was around 6.15 this evening as i was showeruing and as for being in a twitter ive not been either .....
Alicat your question ...
I repeat my question Magpie - Where has NF gone all a twitter and wet himself?
will remain unanswered my Magpie
you see Ali Magpie has a problem relying to questions on account the stupid twit doesnt read anything that is posted apart from that posted by itself...
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Alicat
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« Reply #13 on: February 03, 2009, 07:02:33 pm » |
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NF - I appreciated that I wouldn't get a straight answer. I had hoped - in vain - that a new start with this board MIGHT have meant a new leaf.
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Magpie
Part-Of-The-Furniture Member
Posts: 715
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« Reply #14 on: February 03, 2009, 07:09:39 pm » |
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Okay, he wet himself a few inches below his waistline....
Geez, you two take yourself SO seriously, not a sense of humour to be found, lighten up ferchrissakes.
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I have nothing to declare but my genius - Oscar Wilde at US Customs
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Alicat
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« Reply #15 on: February 03, 2009, 07:26:27 pm » |
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Okay, he wet himself a few inches below his waistline....
Geez, you two take yourself SO seriously, not a sense of humour to be found, lighten up ferchrissakes.
Magpie, I think you find it particularly difficult to post responses to questions put your way without insult or inappropriate remarks. Were you to know me or speak with those who do, you'd find that I have a very acute sense of humour. I also have standards.
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Kiwithrottlejockey
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« Reply #16 on: February 03, 2009, 07:41:03 pm » |
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Ah....the good ol' everybody wants to have the final say on the matter syndrome, aye?
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enemyoftheleft
Bloody-Good Member
Posts: 410
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« Reply #17 on: February 03, 2009, 08:28:52 pm » |
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as i said before............this has got to go into the biffo room
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liquor up front,poker at the rear
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Magpie
Part-Of-The-Furniture Member
Posts: 715
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« Reply #18 on: February 04, 2009, 11:59:16 am » |
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Okay, he wet himself a few inches below his waistline....
Geez, you two take yourself SO seriously, not a sense of humour to be found, lighten up ferchrissakes.
Magpie, I think you find it particularly difficult to post responses to questions put your way without insult or inappropriate remarks. Were you to know me or speak with those who do, you'd find that I have a very acute sense of humour. I also have standards. Well, Alicat, despite your sense of humour and your standards, you still seem capable of asking a silly question. And when you do, guess what you get back in return......
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I have nothing to declare but my genius - Oscar Wilde at US Customs
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ballasted moth
Incredibly Shit-Hot Member
Posts: 2804
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« Reply #19 on: February 09, 2009, 08:06:11 pm » |
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Love the heading
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Greens are really RED
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obione
Newbie
Posts: 8
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« Reply #20 on: February 11, 2009, 03:30:04 am » |
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but talking about Helen, where the hell is " ALFRED E. NEWMAN" gone? havent seen that twits face nor heard from him at all since labour lost the election...
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