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Friday, May 14, 2010

David Osler libel case, the impact on lives

Yesterday I posted about the victory for Dave, fingers crossed that there won't be an appeal.While still very relieved and happy, I'm increasingly pissed off by the litigant's attacks on Dave . She is basically saying it was alright for him, he has a good job and his own home, she is distressed .

Well, it wasn't a bed of roses for him !

Without going into detail , he did not have the money for legal support. He is not loaded and risked losing his home . I did not have the money to help him either . We can all get the violins out,Dave though has not played this game , even though he could have.

This has hung over us for nearly three years . Lets not forget Dave did take down the post and gave her a right of reply , as a gesture as she was upset. He did not need to do that. Oh no, that wasn't enough.

OK, lets get out the violins, or at least borrow Kaschke's very well worn one .

Before Dave got the pro bono help, he had to do all the legal work himself, building his defence and responding to her e-mails and letters . He had to go to court and represent himself .

This meant that weekends and annual leave were used up, as he was holding down a full time job. This meant that for the last two years we did not have a holiday together as he did not have the time or spare cash. It meant that he could not spend as much time with either me or his children, impacting on them and their mother with whom he shares childcare. Yes Kaschke, you aren't the only one with children who need your time and love.

Leave was taken to go to court for his own hearings, and to support Alex and John who are also being sued , as was mine when I could . Yep, fun way to spend time off in the Royal Courts of Justice. He faced the prospect of defending himself at what was likely to be a one week jury trial at the Royal Courts of Justice , pretty bloody overwhelming .

Life was , as I say on hold. The stress was at times overwhelming . What if he lost , where would he find the money. Bankruptcy and losing his home was a very real option. Luckily we have a strong relationship, but nevertheless it would strain and test the best of them.

Yes , eventually he was offered pro bono help and we are extremely grateful for that,for the first time some weight was lifted from our shoulders . Dave was offered this as Robert and David felt strongly that this case should not be going to trial and they wanted to do all they could to help. Kaschke did not get this help, though she blogged asking if anyone would come forward . Dave did not stop her getting help, in fact it would have been better for all concerned if she had. What was he to do, say no , I'll go it alone ?

No one came forward to help her case ,draw your own conclusions . That is regrettable, but not our problem.

Dave has not played the poor me card, though he could have. He has behaved in a dignified way .

I just wanted to set the record straight.

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