A NSW District Court judge has ordered electrician David Scott to pay $150,000 in damages to former deputy principal and Nambucca Valley business owner Kenneth Rothe.
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The ruling comes after Mr Rothe received death threats and was the subject of two brutal bashings – the first where he was knocked unconscious by unknown assailants inside his motel, and the second that left him with a broken neck where he was hospitalised for six months. It is also understood after the attack he and his family were so scared they moved interstate.
The alleged cause? A defamatory Facebook post suggesting that paedophiles were staying at two motels owned by Mr Rothe.
His lawyer, Andy Munro from law firm Slater and Gordon, said the compensation order was one of the highest by an Australian court for social media defamation.
“The court’s decision reinforces earlier rulings that defamation extends to social media,” Mr Munro said.
“What you write on social media is considered under defamation law to be published to the world at large.
“The judge has sent a clear warning to social media users that courts are prepared to award substantial damages against people who use social media platforms to sully the reputation of others.”
Mr Rothe, the owner of the Blue Dolphin Motel and Nirvana Village Motel and a rental apartment in Nambucca Heads, was known for offering crisis accommodation for people fleeing family disputes, but emphatically denied he ever housed ex-prisoners or paedophiles under any agreement.
It is understood Mr Rothe tried to reason with Mr Scott for a retraction and an apology but neither was given to him.
Instead his life was seriously threatened – twice. However there is no suggestion Mr Scott had anything to do with the assaults.
Mr Rothe told the court that just before the first assault someone said to him, “Are you the Blue Dolphin paedophile?”, and that people started making anonymous phone calls to the motel, some asking for sex, and the Nambucca Valley Crime Information Facebook page republished the allegations.
Since the story broke on Monday, the Nambucca Valley Crime Information page has been shut down and the story has received worldwide attention.
Judge Judith Gibson found that Mr Rothe was an upright member of the community who ran his businesses in accordance with the law.
“This Facebook attack was made on him out of the blue, with no prior inquiry of any kind by any person,” Judge Gibson said. “It has had a devastating effect.”
Judge Gibson found there was no factual basis to Mr Scott’s claims, he was an “unimpressive witness” and he had made no attempt to verify the information he had heard from others prior to posting on social media.
Mr Scott argued he was a father who had every right to warn the community about potential dangers because there was a crime wave surging through Nambucca Heads which police were powerless to stop.
The Guardian understands Mr Scott through his counsel is exploring legal options and will not be making any statements until Judge Gibson makes final ruling on the case.