Australia has the second toughest defamation laws of any English speaking country after Singapore and Crikey is once again under threat, this time from Labor Senator Nick Bolkus, so we’re back in the market for donations and subscriptions.

His lawyer, Peter Hannon from Duncan Basheer Hannon, wrote to us last year saying he believed a court would order us to pay $200,000 in damages for a four line posting that was read by less than 500 people, removed when they complained and apologised for on two occasions.

We tried to settle with Senator Bolkus when we agreed to pay $50,000 to Steve Price after selling our family home in East Melbourne in March.

But Senator Bolkus appears to have decided that he wants even more than what Steve Price got and we clearly haven’t got the cash.

Our Adelaide lawyers are not acting pro-bono and estimate that the case will cost $30,000 to run over about 5 days later this year.

But before getting into the details of this dispute, here is how you can give us a hand.

Subscribe before June 30 and get a Crikey tee-shirt

Firstly, we’re cutting out the t-shirt offer to subscribers on June 30 when Crikey’s old man retires from the business after two and a half fine years of hard work.

So why not hit this link and subscribe online before then for just $66 (including t-shirt) or just print off the form and fax the old man on (03) 9846 1472 with credit card details, postal address, t-shirt size and your email address.

If you don’t like subscribing online or the system is down, just send a cheque to PO Box 2095, Templestowe Heights 3107 or do a net transfer into the Crikey Media bank acccount (BSB 063494 Ac No: 1015 1030).

We want to work dad hard in his final days and we’ve got 200 t-shirts to get rid off.

Renew early and we’ll throw in another t-shirt

Existing subscribers who already have a t-shirt and renew for another year at $55 do not usually get another t-shirt but we’ll throw one in for anyone who renews early before June 30. A fax to the old man would be the easiest method but any of the above will do.

Become a life member for $500

Alternatively, you could join 40 other subscribers who have signed up for $500 life memberships to Crikey. We will be capping this category at 100 life members, which will equate to the $50,000 paid to Steve Price.

Life members are entitled to nominate two new subscribers and get a free email ad of up to 150 words which goes to 6000 people (3500 subscribers and 2500 freeloaders). You can use it to promote whatever cause you like and it normally retails for $150.

Then there is a $100 annual subscription to the world’s best magazine and Crikey’s guiding light, Private Eye, which brings the total package of goodies to $382 PLUS a life-time subscription – that’s a pretty generous package.

Life members also get fortnightly updates on Crikey’s financial and legal situation as we treat them like shareholders and “disclose, disclose, disclose” everything.

Below is part of the latest life members update as it relates to our finances and the Nick Bolkus action:

Extract from life members update

Friday, June 14, 2002, 3pm

Dear Crikey Life Members,

Sorry this is the first update since May 17 and I’m still hoping to email you every second Friday afternoon at 3pm.

We’re travelling okay at the moment.

The gross monthly revenue figures into Crikey have been as follows:

January: $10,268.30

February: withheld

March: withheld

April: $14,815.04

May: withheld

We really need to get the business back up to weekly revenues of about $5000 to be sustainable. This week we only did $3182 and look like falling short of the May figure in June.

The advertising side of Crikey is going a little better and bids for the banner ads totalled about (withheld) in June, up from (withheld) in May. Combined with email ads we are now taking more than (withheld) a month in advertising but should be doing double this based on our traffic and demographics.

On the positive front, we’ve completely repaid the (withheld) debt owed to foundation investor (withheld) but I’m back up to net personal debts of about $12,000.

I’ve also attached the affidavit on my finances that was submitted to Justice Bongiorno in the Steve Price matter. The totalled Monaro has now gone and the insurance cheque for $6300 is due next week and will go straight into pre-paying the September quarter rent.

BOLKUS INFORMATION GATHERING

We have gathered some background information on Nick Bolkus. The Senator was charged back in the 1970s with putting coins into a pay phone with a string attached in Hindley St, Adelaide. He beat the charge and had a reference from Don Dunstan and former Labor Minister Peter Duncan representing him.

BOLKUS AND TONY LABBOZZETTA

Bolkus also made some political appointments to the Immigration Review Tribunal when Immigration Minister. The wife of his best man at his wedding, a school mate and the lamentable Tony Labbozzetta, the man that Justice Stewart should not be allowed to have anything to do with Australian soccer ever again, were just some of people that got the nod. This is a transcript of Bolkus before a Senate Select committee in 1996 justifying reappointing Labbozzetta to the IRT despite his pathetic attendance record of 4 cases in five years:

Senator SHORT –We have been told that the panel recommended against the reappointment of Mr Tony Labbozzetta, who had done four whole cases in his five years on the tribunal, none of those four being in the last two years. How did you come to the view that he was of sufficiently high calibre and work rate to warrant reappointment?

Senator Bolkus –You are right and in fact I mentioned this in the Senate. Mr Labbozzetta was not recommended. I think one thing about Mr Labbozzetta is that he has been caught in this political interference type allegation. But if you look at Mr Labbozzetta’s background you find that he is the ex-director of the Fairfield Chamber of Commerce, he has been involved with the Marconi soccer club for close to 17 years and has been director of an Italian affairs committee, he has been in real estate and rental management and he is ex-director of Fairfield Housing Society and deputy chairman of the national soccer league. He is a person with enormous diversity in both business and community background.

Particularly with a commitment from him that he would, as soon as his current problems were over, apply himself more to the job, and given the fact that I wanted to focus more on full-timers with some spin-off capacity for part-timers, I thought that someone who would not expect to get as much part-time but who had his background and skills could still have a useful role to play on the tribunal. I have appointed him. He has made a commitment. I think that since then he has still been trying to get over a few problems he has got. I gather he has been in hospital for a while, as well. But I had a commitment from Mr Labbozzetta and on that basis I went ahead to appoint him.

As I said at the start, he has been unfortunately labelled. He is another individual with extensive background and experience, from both the corporate sector and the community sector. To me, his working would bring a good contribution to the tribunal. As I say, we have had that commitment; Ms O’Neil has had that commitment. We have got nothing to lose by appointing him and a bit to gain if he actually does contribute. I am prepared to give him another go in terms of his position on the tribunal.

Senator SHORT –So the fact that he was virtually a complete non-performer for five years was not a factor in your thinking?

Senator Bolkus –No. He has contributed, as you say, not a lot–and that is a bit of an understatement.

Senator SHORT –That would be a euphemism, would it not?

Senator Bolkus –But I think he has got a capacity. I am also told that in the decisions he has made – and decisions that have been appealed against – he has made fine decisions that have withstood appeal.

Senator SHORT –Was it not one? He has got a 100 per cent track record: one case and he is–

Senator Bolkus –One in the Federal Court but I do not think it is–

Senator SHORT –Terrific.

ends

Now, this is the sealed section update that went to ordinary subscribers after the settlement conference with Senator Bolkus in Adelaide on June 7:

Sealed section update after settlement conference in Adelaide

Friday, June 7, 2002, 12.50pm

Ngapartji Net Cafe and Wine Bar

Adelaide

Dear Sole Subscribers,

well in legal terms this was a wasted trip to Adelaide.

Unlike the settlement conference with Steve Price, this arrangement with Senator Nick Bolkus was more like a court mention as it was before Justice Bishop and conducted in open court.

There was no sitting around a table with a mediator cracking heads together to get the dispute settled. There were no full and frank discussions, exchanges of bank statements or enlightenment on how each party intended to run their case. I was particularly keen to tell the Senator what issues we’d be pursuing in cross-examination but there was no real opportunity.

And the open court meant that all the lawyers and other parties also on Justice Bishop’s list this morning heard the details of what Bolkus has demanded and what we’ve offered to settle the matter.

The lawyers had a brief chat with me listening before we headed into court and then the judge sent us back out for another chat when it was apparent we remained miles apart.

We bumped up our offer but remained a long way short of what Bolkus was demanding so we’ll be back before the listing master in a few weeks and then seek a date for trial.

The Adelaide trip has been more than useful for information gathering. It turns out Bolkus has form on defamation when he sued Channel Seven about 10 years ago for a piece by Denis Grant which suggested he got drunk at a party and punched someone.

Seven settled pretty quickly for what was said to be a sizable sum as the allegation was untrue.

ends

Now, this is part of a light-hearted sealed section that went around on May 14:

NICK BOLKUS WORKING HARD FOR US ALL

Sealed section May 14

Senator Nick Bolkus is clearly putting in the hard yards for his South Australian constituents based on this email that he sent around to friends, colleagues and hangers on yesterday:

——– Original Message ——–

Subject: FW: Chinese horoscope-for Mary

Date: Mon, 13 May 2002 17:49:30 +1000

From: “Bolkus, Nick (Senator)”

THIS IS AMAZINGLY ACCURATE…… CHINESE HOROSCOPE THE YEAR OF THE IRON DRAGON, WISHING YOU PROSPERITY AND GOOD FORTUNE CHINESE NEW YEAR.

FOLLOW THE INSTRUCTIONS – DO NOT CHEAT ETC ETC ETC

CRIKEY: We’ve booked out flight to Adelaide last night and are looking forward to sitting in a room with Senator Bolkus for several hours on Friday, June 7 trying to resolve our defamation case in a court-ordered “settlement conference”. Our Chinese horoscope says it should be a really fun day.

We’ve paid out Adelaide lawyers $1000 so far but if we sucessfully defend the action Bolkus will have to pay for this and the airfares and other assorted costs that will no doubt rack up over the next few months fighting this libel suit.

ends

Finally, let’s repeat that apology which we have run on several occasions to the good Senator.

APOLOGY TO SENATOR NICK BOLKUS

In the Whistleblower section of the Crikey website, we asserted Senator Nick Bolkus to be one of the “famous drinkers and drivers” in the “Long List of Celebrity Bloody Idiots”.

The content implied that in 1995 Senator Bolkus, when he was Justice Minister, had been driving his car whilst under the influence of alcohol, that the car crashed into a tree, and that the Senator was involved in covering up the official records of the accident to show that a sober staffer was driving.

We acknowledge that the statements we made are untrue. In particular we accept that Senator Bolkus, who at the relevant time was Immigration Minister, was not in 1995 or at any other time, a passenger or driver of his car when it was involved in a collision. We also accept that he has not been involved in any incident involving driving his car after having consumed alcohol. In particular, we unreservedly withdraw and retract the imputation that he was complicit in an attempt to “cover up” the fact that he was driving under the influence of alcohol by having the official records show that a sober staffer was driving at the time.

We have deleted the offending material from the website.

We unreservedly apologise to Senator Bolkus for the distress, harm and embarrassment caused to him by the imputations arising from the material published about him.

ends

Whilst we don’t agree with a number of things that Senator Bolkus has done over the years, we do stand by this apology although the man seems far more interested in a large cheque than an apology and we just haven’t got the money. Anyone got any suggestions on what we do next? Anyone know a good barrister prepared to run the case pro bono?

Ah Crikey, lucky we never went into this seeking a quiet life and luckier still that I have an incredibly tolerant wife and a 10 month old daughter who doesn’t understand what is going on.

Do ya best, Stephen Mayne