I acknowledge receipt of Joe's
request to not reply to Sails... But since I have been subject to a complaint allegedly against the rules of the forum, I exercise my democratic right of reply.
Firstly, last time I looked we live in a democracy where the rule of law (as opposed to mob rule and internet bullying) prevails and where people are innocent until proven guilty.
Secondly, Joe has already ruled that I have not broken any forum rules.
But a few people persist with complaints which leads me to exercise my right of reply and put the case for a counterclaim of their 'Abuse of Process' (The use of legal process to accomplish an unlawful purpose) with persistent 'Frivolous and Vexatious' complaints.
Frivolous
Of minimal importance; legally worthless.
A frivolous suit is one without any legal merit. In some cases, such an action might be brought in bad faith for the purpose of harrassing the defendant. In such a case, the individual bringing the frivolous suit might be liable for damages for Malicious Prosecution.
Vexatious litigants
A vexatious litigant is someone who persistently begins legal actions but does not have sufficient grounds for doing so.
Vexatious proceedings include those cases that are:
- an abuse of the process of a court or tribunal
- designed to harass or annoy, to cause delay or detriment, or for any other wrongful purpose
- instituted or pursued without fair or reasonable grounds.
For the most part they accuse me (and others) of doing what they are doing themselves, such as:
- derogatory comments/posts, trolling, baiting and as Sails claiming to have put me on 'Ignore', but demonstrating the contrary, in particular to have made such assertion in bad faith.
- Some have posted comments from shock jocks or columnists as representing facts and or expert opinion, but resent questioning and analysis of their assertions, and particularly resent the posting of evidence and or proof from official sources and sometimes as simple as pointing to basis maths, that such asserted facts are not true.
- Some ignorantly and or deliberately misquote personal comments and resent the reposting of comments in full to rebut their assertions, and then in resentment, go on to complain of verbose and or repetitious posting.
What is this all about
Freedom of Speech
While I have expressed critique of both sides of politics such as against the carbon tax and the handling of foreign affairs to the abuse of the intent and wishes of membership in party leader appointment to exaggeration of financial issues and consequences of overplaying the rhetoric... it is noted that the few complainants are all from the same side of politics.
That 'coincidence' of fact goes to motive.
Abuse of process
Making Frivolous and Vexatious complaints against their critics in an attempt to have them muted or banned from discussion on the forum.
Background facts
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To be completed later)