
Wed, 22 Jan 200300;42:23 +1300
c.c. Joe Karam
I hope that both the author and publisher(s) have defamation insurance. The outcome of the recent Court of Appeal hearing should dictate the need for real caution. Publication in the face of that is getting into punitive damages territory
C.S. Withnall QC
Trevor Reeves and Judith Wolfe. 31 July 2003.
Following is the text of a news clip on TV1 July 15th late news. We asked for the copy of the video clip at the time but this did not arrive as promised. After discovering it six weeks later linked to TVNZ's NZOOM site we asked for details of how TV1 came by the information and on what basis they described the book in this way. They refused to supply this information. After a short time the clip was removed from being linked to the NZOOM site although it still remains on their server. We believe that any statement received from Colin Withnall QC concerning the book and its authors should have been referred to us for comment in the interests of balanced and fair reporting. TVNZ would not agree to this. Text of the clip:
July 15th 2003
Lawyers for convicted murderer David Bain are warning of possible legal action over a new book.
The book by Dunedin artist Judith Wolfe and her husband includes more than 150 sketches, backing their belief that David Bain killed his family after his mother was possessed by the devil.
Wolfe has already caused a stir with a painting about the Bain murders.
David Bain's case goes to appeal in September.
1. No legal action has been issued against us since the beginning of this year when the first threat was made against us by Colin Withnall QC even before the book was written. We believe that there is no basis whatsoever in the book for any kind of legal action.
2. We wish to state that nowhere in the book is there any suggestion or statement that Judith Wolfe said or believed that Margaret Bain was "possessed by the devil".