The leaflet at the heart of the case carried an imprint saying it was “printed and promoted” by Mr Michael, and included a cartoon of Del Boy from the TV comedy series Only Fools and Horse with Coun McEvoy’s face superimposed on it.Barristers representing the two rivals put forward legal arguments last year at a High Court hearing in Cardiff on whether it is defamatory to refer to a public figure as “Del Boy”.
David Hughes, for Mr McEvoy, said:
Don't you just love the way Barristers can twist words . But it is silly that this went to court and maybe we should have a system Election Officers approving leaflets.“We all know who Del Boy is. He’s not to be trusted. He’s a rogue. Which of us would like to be compared to Del Boy?”But Hugh Tomlinson QC, for Mr Michael, said: “The comparison between Del Boy and the claimant wouldn’t be taken literally by readers of the leaflet.“Suggesting that Coun McEvoy is like Del Boy Trotter because he is a roguish character and a fantasist is obviously a comment rather than a statement of fact and can’t be read in any other way.”
Candidates could produce what they wanted and not get approval but would risk a new election of guide lines .
But with hundreds of leaflets being produced it may b impracticable to implement . But we should have clearer guide lines on Negative Campaigning . and some kind of way of countermanding what is becoming more and more candidates slagging of thier opponents personally rather than tell us what they would do.
I have ben unable to find the reference but I believe when Mr Michael was first defeated by Plaids Mcevoy it was the former who threatened to sue over a leaflet.So this spat has been going on for same time.
On legal advice, Mr McEvoy recently decided to withdraw the claim.A court order issued by Judge Judge Andrew Keyser QC said Mr McEvoy should pay one quarter of Mr Michael’s costs of the preliminary issues, and all his costs since April 2013. He must pay a £50,000 share of these costs within three weeks pending an assessment of how much should be paid in total.
Mr McEvoy said:
“With hindsight, I now regret having started this action.“I have developed a thicker skin, and in future if I dislike something written about me I will write a leaflet of my own instead of issuing a writ. I’m covered by libel insurance, but I don’t think anyone has gained from this case going to court.This is the end of it, and it’s time to move on.”
Lets hope so Politicians should stick to confronting each other on the hustings and the Parliamentary ,Assembly or Council Chamber rather than in the Courts
Because I don't have libel insurance if you are going to make a comment please be careful . I don't want to censor anyone,