Court Case update–how I wish this was the last update

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It’s been a while since our last court case update because to be truthful it all got very complicated  – and I am bitterly disappointed in where we currently stand.

Colin Webster went to court to force me to take down two articles. The main article was where I posted that he was likely to be the same person writing the eSports blog using the pseudonym Matatheni Mosotho.

In that article I mentioned that Colin was currently embroiled in a court case and unfortunately I got the details around the type of court case wrong. As soon as I was made aware of that fact I updated the article to correctly state the type of case. However this wasn’t enough for Colin and he amazingly got an order to take the articles down without me having an opportunity to argue that in court.

Fast forward to August and we finally get to stand in court, by which time we had already posted a retraction of the fraud charge. Around 3 days before the court date however it comes to light that Colin’s legal team will no longer fight the accusation that he is in fact parading around as Matatheni Mosotho and that the court date will now simply be used to argue costs.

Read  National esports - The dilemma local esports will need to deal with eventually

So we’ve been stuck in the legal system since March fighting over my freedom of expression and right to post valid information only for the entire argument to be dropped days before the court date.

So I went into the court date expecting a fair result on costs as personally I felt this was quite obviously a waste of the court’s time. And the judge agreed! Well the judge agreed that it was a waste of time but he has decided it was me who was stubborn in this case and wasted the time. He therefore awarded costs to Colin for both his counsels.

I’m still in shock at the ruling as it just doesn’t make sense to me and I am in discussion with my legal team over an appeal. However it isn’t straight forward. Apparently since the order is simply around costs and not the actual meat of the argument then it is entirely up to the judges discretion.

So because the case was pretty much dropped there isn’t much to appeal. You can only admire Colin’s team for playing it out like that but in the end if I have to pay costs then so be it.

Expect an update on Mr Mosotho shortly.

Read  National esports - The dilemma local esports will need to deal with eventually

Last Updated: September 4, 2014

Gavin Mannion

I for one welcome our future robotic overlords

  • Viking Of Science

    Damn, the legal system seems to be iffy at times, Best Of Luck Gavin.

  • WhiteRock

    WTF!

  • Admiral Chief Assassin

    My head hurts SO BAD from me facepalming SO HARD.

    • Hammersteyn

      Don’t move, I’ll facepalm you as well.

    • Sith JJ

      I’m surprised Gavin hasn’t approached Rince for some advice. Him being so used to court cases with all the restraining orders and such.

      • Rock789

        That is true… Why I was in court just the other day obtaining a renewal of the 30 day restraining order I have against him! 😉 :p

      • You shut your double black eyehole!

  • Matewis Jubilai

    Uhm am I missing something here? How can it be you that are “wasting the court’s time
    “. Who decided to go to court with the whole story in the first place?

  • Viking Of Science
  • CAE9872

    I had to go to court recently as an expert witness. I was amazed by the…hmmm…disarray shown by legal teams. Oh and if anyone wants to know about the reason for our deforestation – look no further!!! This was a simple enough case but somehow they easily, just from what I saw, generated what was 20 lever arch files (big ones!), just for themselves…

    • Rock789

      Yup… Every time a court case is heard, a section of the Amazon dies! And in this day and age where data capturing tech is, relatively speaking, cheap… That is indeed a sad thing!

  • Hammersteyn

    I put it to you, that the judges ruling was seven flavors of retarded.

    • Mossel

      lol ou Gerrie Nel!

  • Spaffy

    Out off curiosity how many $s must you cough up?

    • apparently he now submits his costs to the court tax something.. they check and verify and agree and then I get it

      • Jonah Cash

        How many T-Shirts do you need us to buy? I’ll take two this time!! We’ve got this dude!!

        • Spaffy

          Hear hear

        • lol thanks… everyone needs 20 shirts 🙂

          we’re working on some funch merchandise so hopefully people will buy because it’s awesome not because they know I’m poor 🙂

          • Kromas of City17

            Have you considered life size punching dummies dressed like Darryn?

            R1000 a pop …. you should be able to get loads of money!

          • Kensei Seraph

            I’d take one of “He who can now be named but should not”.

          • Alien Emperor Trevor

            Those would cost R10k because of the additional plastic required to make them life size.

          • Guild

            If you are up for it, we should have another beer and chat.

          • Thats_how_I_Troll

            There must be a tea bag challenge hiding in there some where…

      • Rags
  • Spathi

    Not a very good judgment at all. Wtf. You can appeal the cost order, the question is however if you will be penny wise and pound foolish.

  • Matewis Jubilai

    It doesn’t make sense that this cannot be challenged, although if it is, then the other charges might re-appear purely out of spite 😛

    • Admiral Chief Assassin

      “although if you is…”

      Ummm

      • Sith JJ

        What is you going on about now? This are not making sense.

        • Admiral Chief Assassin

          refresh:

          • Matewis Jubilai

            Damn it’s on record!

          • Admiral Chief Assassin

            NEVARRRR forget 😛

      • Matewis Jubilai

        hehe It was “although if you do” but then I changed it 1/2 way to “although if it is” 😛

        • Admiral Chief Assassin

          LOOOL. ok, makes sense now!

  • Purple_Dragon

    Ruling makes no sense at all. Bunch of bliksems.

  • Sith JJ

    Words fail me. This is so silly.

  • Kensei Seraph

    This article is definitely getting Worst News of the Week.

    • Admiral Chief Assassin

      Agreed

  • Guild

    I have so many expletives I wish to use about this.

    By using this case as a precedent, I could technically hire my brother, sister and friends, start a case against someone I don’t like and feel has slandered me, go through the courts and withdraw the merits of my case and argue the other individual to pay for the cost of my lawyers and split it 50/50. Awesome money making scheme here we come.

    The judge needs his head read. Words can not describe my thoughts and feelings on this one.

    • Admiral Chief Assassin

      Your analogy is unfortunately spot on.

    • Kromas of City17

      I can beat this judgement. I almost got arrested,suspended or fired today cause I “sneaked out” a piece of highly expensive computer equipment from a security area in a site without getting a “authorization of removal” form with the items serial number on it.

      (refresh for item image)

      • Admiral Chief Assassin

        I really hope you are not serious

        • Kromas of City17

          I am deadly serious. I was hiding it on my front passenger seat and my vehicle happened to get a inspection by the very security officer I just had reprimanded for incompetence.

          • Admiral Chief Assassin

            FFS

          • Kromas of City17

            On the bright side … i get to cry in the shower with a box of cookies. Thats always soothing. 😛

          • Admiral Chief Assassin

            What city do you work? I know you can’t name the company here, but just as a heads up for people working there

          • Kromas of City17

            Let us just say that the client site has something to do with trying desperately to keep the lights on.

          • Admiral Chief Assassin

            Ah, hence trying to keep the cable from being stolen

            😛

          • Kromas of City17

            yep that was the main cable I “stole” …. power outages in effect.

            I am sorry.

            😛

          • Sk3tz0

            so ur the reason im sitting on the shitter in the dark reading LG off my mobile during working hours.. Thanks 😀

          • Kromas of City17

            Hey I could have unplugged the mouse next to me and shut down all cell towers as well.

            Don’t make me do it!

          • Sk3tz0

            fine there a copy of Keur from 1982 in the stall.. i got my lighter with me.. 😛

          • Kromas of City17

            Lighter … stall ….. Sounds like an explosive combo. 😛

          • Admiral Chief Assassin

            Let there be…..light?

          • Guild

            So it was all about payback. You point out his incompetence and he feels justified to try get you fired.

            Human stupidity is going to kill this world…..

      • Kensei Seraph

        Do kettle cords even have serial numbers?

      • Kervyn Cloete

        My day job is at Koeberg. It’s a National Key Point which means nothing – NOTHING – leaves site without signed consent. I’ve seen people fired over a roll of toilet paper. One of techies nearly got booted because he forgot about a computer mouse in his jacket pocket, and got picked for a random body search as he went home. Security is damn tight at these places.

        • Sk3tz0

          Of course security dam tight.. wouldnt want any1 sneaking in and fixing everything now would u 😛

          • Kervyn Cloete

            You would actually be surprised how people messed up way back in the day, before they had such crazy security. I remember hearing a story of some guy years and years ago accidentally putting a radioactive isotope sample in the breast pocket of his jacket and going home. He realized his mistake when he got home and got undressed, but by that stage it was too late as he had already absorbed enough radiation on that spot to horribly damage his chest.
            It’s stuff like that that make these people paranoid. A kettle plug seems trivial, but if it was a kettle plug that used to be attached to a PC inside the containment building, it’s a moerse risk if it hasn’t been decomtaminated first.

            Kromas’ story is a little different though, as I know the security is also tight at the other Eskom non-nuclear sites (as I do work there as well), but they’re usually a bit more relaxed than Koeberg, as stuff going out don’t have the same risks. I think he was just the target of some bureaucratic revenge.

          • Admiral Chief Assassin

            So now we know why the electricity grid is up to poop, YOU work there!

            😛

          • Kromas of City17

            Also it is not an active station. It is a construction site.

        • Thats_how_I_Troll

          Yeah, he “forgot” the mouse in his pocket ;p

  • Hammersteyn

    If only Nicholas Cage was in the court room with that expression. It might have swung Gavins way.

  • Hammersteyn

    Does this mean we can talk kak again about “him”?

    • yes, try not defame him though…

      • Brady miaau

        do more than try, I should imagine.

        There is no try, do or do not

      • Hammersteyn

        Must…………. try……………. harder……………… not ……………………….too…………..gaaahhh!

  • Kromas of City17

    I have learned yet again today that no matter how strong your case and how much valid evidence you have does not matter in the eyes of someone who dislikes you and has a slightly higher position of power.

    And then your article shows up. I feel your pain especially today.

    • Alien Emperor Trevor

      *secret club handshake*

      statements vs facts… statements WIN!

      • Kromas of City17

        hear hear!

  • My 5 cents

    As far as I am concerned you should be able to sue him for costs, and this is not necessarily limited to court cost. But mental anguish as well, go see a high costing psychologist and transfer the cost to him as he is the direct result. Doable and there has been precedence set, in this case the whole case will be valid for discussion as it is the whole case that has caused this distress and mental anguish!! Booya

    And no I am not a legal person

    • Kromas of City17

      I would argue at this point in time with all the costs involved rather pick your battles.

      • My 5 cents

        Normally I would agree, however the one who has caused this is a different beast.

        A precedence will be set and the amount of court cases from him alone will go through the roof, the legal system becomes nasty as hell once a precedence has been set or conceded even if it is just between two individuals.

        As intimidation tactic now on, he would most likely just keep rinsing and repeating. But then that is assuming that lazygamer.com does not learn, which I doubt.

  • Milesh Bhana

    what the hell? He sued you but you’re wasting time?

  • L337J1MB0B

    What just happened? You just got shafted. Sterkte.

  • Tarisma

    Ok well i am gobsmacked at this.

  • Sk3tz0

    This was a setup from the get go.. Hope he fucking gets incurable chlamydia.

    • Mossel

      …and DIE! (Mean Girls reference…I wish death on no one.)

  • Ryanza
  • Sentient_Slug

    Dont worry Gav, he is still fatter than you by a long shot.

  • Sk3tz0

    If only It was Judge Judy that was handling that case she’d of turned to him looked him dead in the eyes and go…

    • Kensei Seraph

      I like to think she would have stared at him in disbelief for several minutes first.

  • Matthew Holliday

    why do you have to pay if he is the one who took you to court?
    i thought that if someone takes you to court, and their case fails, they have to pay?

    is this a loophole, corruption in the judicial system / MSSA or were there charges that you laid that made you the liable party?
    overall it doesnt sound right.

    it just so petty, if he cant beat you, he’ll ruin you…

    this all overshadows the fact that Colin admits to have been parading around as a mysterious black e-sports journalist who was “definitely not Colin”

    • there case didn’t fail, if it failed they’d likely have to pay costs.

      This appears to be a loophole.

      And yes his parade is coming to an end, promise

  • James Hendriks

    Hi Guys

    i wish you well with your Court case.

    however i am going to court for driving 141km in a 100km zone.

    this will be my first time at court could any of you give me and suggestions or tips?

    most apreciated

    • Admiral Chief Assassin

      Don’t talk about DRM in court 😛

      I dunno dude, never been in the situation. Best of luck there!

    • Sk3tz0

      Say ur sorry, pay ur fine.. and as you step down u go.. Dont support DRM..

    • Spaffy

      Well firstly, get there as quick as you can.

    • don’t admit fault. But apologise and pay.. unless you have a real reason for that speeding..

      but traffic court is simple, they just want your money

    • Gary Waterworth

      Get a good lawyer.
      Appear in court without an option of a fine involves a criminal record if I am not mistaken.

    • Ryanza

      Why do people think this person is me?

      • HvR

        You look the same in your profile pictures.

  • Wait, so he takes you to court. Then drops the argument… now you have to pay his bills? How the fuck does that work?

    • R1ker

      That’s what I want to know as well???

  • Danbates_za

    fuck logic

  • Ryanza

    Oh shit I read the article wrong. You have to pay for Colin’s small black penis syndrome. Are you sure the judge was not Colin all along.

    Just like everything the courts are not about the truth and the law. The court system is about money.

  • Reaver

    Wouldn’t hurt to ask for second opionion here… lawyers.co.za

  • Rock789

    And they wonder why even the squirrels in the parks around South Africa have no faith in our justice system… Sies!

    Gavin – you have our support bud! Onwards we march!

  • Ihatethelegalsystem

    What a cunt.

  • What a load of crap. How can we trust the court system when it sound like an episode of Desperate fucking Housewife?

  • ZubSaber a.k.a Hans

    Good luck Mr Cranky. Sounds to me like Colin might be friendly with a few higher-ups in the legal field.

    Keep that manly head up and soldier on I say!

  • R1ker

    WTF!!!!
    Gavin dude – I believe you have been very nasty blind sided. I don’t get it – how are you suppose to carry the costs when Colin started all of this?

  • Skuifspeld

    So ironic. In the latest article written by “Matatheni”, the whole issue of freedom of speech is also called into question. Double standards, much?

  • Wolfgang Wilkes

    http://www.saflii.org/za/cases/ZAGPPHC/2014/639.html

    The publically-available judgement of the court in this case is given at that link.

    It seems as though the judge only viewed the following events as material:
    1) Allegation of fraud
    2) Issuing of rule nisi preventing Gavin publishing anything further in this regard, and forcing the removal of articles
    3) Gavin’s stubborn refusal to pay costs, since he admitted fault in the fraud allegation issue
    4) Therefore Gavin needs to pay the full legal costs of Colin.

    From my vantage, I think it would be reasonable to order Gavin to pay the legal costs of Colin’s actions solely relating to the ‘fraud’ angle i.e. the lawyer’s cost in getting Gavin to remove the articles; issuing the public apology, and agreeing not to publish/ask others to publish/imply/etc that there was anything related to fraud at all.

    I imagine that Gavin would have agreed to all of the above ‘fraud-allegation-related’ remedial actions immediately. Lawyer’s cost = 1 day in drafting the demands, maybe another few days in getting the summary judgement issued. Total cost = maybe 4-5 days. Done. Gav to pay. It hurts, but the allegation of fraud is serious, and Colin could (and did) claim that he is an important public figure, and will suffer harm to his reputation yadda yadda yadda…

    However, having to pay the legal costs for the remainder of the case, which was subsequently withdrawn??? That’s surely a mistake on the part of the judge.

    The only justification I can see for Gavin being told to pay for the whole shebang is the fact that the fraud charges were still un-retracted until a few days before this last court case. I know the articles were amended originally to remove the fraud allegation, and then removed completely, but there had been no public retraction of allegations in the manner of the final apology up until that point. Maybe that’s what the judge was getting at?

    If this judgement translates into Gavin having to pay the full costs of Colin’s entire legal action, I think it’s grossly unfair. Hopefully an appeal of the costs order will be a cheap exercise?

    Good luck, Gavin, and I look forward to reading more about Mr Mosotho’s deceit.

    • “However, having to pay the legal costs for the remainder of the case, which was subsequently withdrawn??? ”

      That’s the part that kills me… also the offer of retraction was posted in early March and subsequently refused. Surely that counts? It was then offered again in August and once again refused. I then published it anyway.

      Not once did we actually get to argue the merits of the case

      • Dorian Love

        Defamation is not freedom of speech, Gavin! That is the sole point here! You are not allowed to misuse your position as a blogger to accuse people of fraud when you have no substance for that claim.

    • Dorian Love

      I am no lawyer, but the wording says the order was for you to take down and retract. Since you did that case closed, but you did not offer to pay the cost Colin incurred to make you retract which was unfair so you were rapped over the knuckles and told to cough up! Or am I missing something?

  • Lothy

    Consider this a victory, sow ur right arm back on Rambo style and go get the MSSA. There is an Nkandla story waiting to be uprooted here, of deceit and corruption. Im sure there is a spy tape there somewhere as well!

  • MacRofl

    There is no point fighting over a costs order right now.
    Yeah it’s a kak one but that’s the way it is.

    Make sure your attorney has the bill of costs taxed properly
    and by a costs consultant who has been around for a long time. So don’t shit
    yourself when you first see the amount on the notice of intention to tax. 9/10 of
    these bills are grossly inflated and if properly taxed will slash it down (especially
    counsels fees).

    I’m guessing this was all done on motion and only party and
    party costs were ordered against you, so you’re not going to be in for hundreds
    of thousand. Also remember that taxing a bill can take up to 3 – 4 months maybe
    even longer if its Johannesburg
    high court.

    • Wolfgang Wilkes

      Unfortunately party and party costs were not ordered against Gavin:

      “15.2 Respondent is ordered to pay applicant’s costs of the application on the scale of attorney and client, this includes the reserved costs and including costs of two counsel.”

      You sound pretty knoweldgeable on this topic. What does this mean – scale of attorney and client?

  • MakeItLegal

    justice system ? more like debit sytem

  • Dorian Love

    It’s very simple really. Colin had to go to court to seek an order for you to stop spreading untruths. Therefore he was out of pocket because of what you did so you must pay his costs! No mystery at all!

    • Wolfgang Wilkes

      Nope. Wrong. The ‘spreading of untruths’ was stopped as soon as it was pointed out. The original article mentioned fraud. As soon as it was pointed out that it wasn’t fraud – it was amended. No court case needed.

      He went to court after the articles were amended to reflect no fraud. Additionally, there were claims arguing against the whole Matatheni Mosotho issue that formed part of Colin’s suit, which built up the legal costs considerably, but which were then dropped immediately prior to the final court appearance.

      Gavin should not have to pay Colin’s legal costs for the portion of the case that Colin withdrew.

      • Dorian Love

        Well, that’s not what the ruling says! Remember that Colin was seeking relief, not the other way round. As soon as the court was satisfied that the false accusations had been withdrawn, Gavin had met the relief sought (withdrawal and apology) and then the rest is all about costs!

  • CodeName Tailgunner

    You may not be able to appeal but you should be able to review although this will just cost more money.

    It does not make sense to me that a defendant/respondent against whom the proceedings are instituted can be held liable for all costs, especially if they withdraw one of the matters.

    By apologizing you admitted one of the charges, so I understand why you had to pay for that bit.

    In future when some asshole asks you to take down an article, take it down and post it anonymously everywhere else. Adding lots of expletives of course.

    Fuck the Assholes!

    Darm weet almal nou COLIN is n poes.

    The internet never forgets.

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