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Earthquake claims attorney wins $350,000 lawsuit after debt collector publishes allegations
The allegations of a debt collector linked to the gang, which were reported in Parliament, on the Campbell Live TV show and on Facebook, saw a Christchurch businessman awarded $350,000.
Earthquake claims advocate Brian Staples sued Richard Freeman, formerly owner of debt recovery firm Ironclad Securities and Media Works TV over allegations he made in 2014.
In a ruling on Friday, Supreme Court Justice Jean-Marie Doug agreed that Staples had been defamed by Freeman, who accused him of corruption, thuggery and a people-robbery conman.
Staples’ case against Mediaworks TV and two former Campbell Live journalists has not been heard.
Read more: *NZ First shows its waking side, but doesn’t think Winston Peters is going anywhere *Winston Peters message to MediaWorks: ‘Doing good’ *Court order to reveal Campbell Live story sources has been overturned *No fees to pursue debt investigation Ironclad Securities Collection * Police investigate debt collectors with gang links
Dean Kozanek / Staff
Brian Staples, pictured in 2014 when allegations of him first surfaced. Staples has now won $350,000 in compensation.
The judge also said that First New Zealand leader Winston Peters at the time had slandered Staples when he repeated the allegations in Parliament.
Parliamentary privilege prevents Peters from being prosecuted for his comments.
Staples owns Claims Resolution Service (CRS), a company that seeks earthquake insurance settlements on a “no-profit, no-fee” basis.
His troubles began when CRS refused to pay Malcolm Gibson for $170,000 in billed work after discovering he was not the highly qualified quantity surveyor he claimed to be, the court was told. Staples said the work Gibson did left no commercial value to CRS.
When it was not paid, Gibson sold the $170,000 debt to Ironclad Securities for $1. Staples said he viewed the move as a form of revenge.
Abigail Dougherty/Staff
The Supreme Court ruled that Richard Freeman was liable for the damage caused by a speech in Parliament made by Winston Peters, pictured. Peters is protected from lawsuit by parliamentary privilege.
Freeman was a co-manager and co-owner of Ironclad Securities Ltd along with Lyndon Richardson, then a prominent member of the Head Hunters gang, who now owns and operates the company on his own.
The court was told that two “horrific men” then arrived at Staples’ home and threatened to kill him if he did not pay them within seven days.
When he didn’t pay, Ironclad began posting a series of allegations about him on his Facebook page, which Staples said were untrue. Freeman admitted that he was the page’s manager.
The publications described Staples as a professional fraud, accused him of illegal conduct and, as reported to the court, said he is bullying and threatening “good people with their debts”.
In her ruling, the judge said: “Ironclad appears to be nothing more than ‘enforcers’.
supplied/stuff
Richard Freeman, pictured, has been found responsible for defaming Brian Staples.
Neither Mr. Freeman nor Ironclad at any point attempted to refer the debt to the appropriate tribunal. Instead, Mr. Staples alleges that Freeman sent threatening letters, telling Mr. Staples that he placed vehicle tracking devices on his vehicle and threatened him at work.”
Staples later obtained restraining orders against Freeman under harassment laws.
In July 2014 after discussions with Freeman and obtaining documents, Winston Peters gave a speech in Parliament accusing Staples of using his companies to “defraud, mislead and deceive people”.
The judge found that Freeman “actively encouraged Mr. Peters to use absolute privilege to make allegations about Mr. Staples”.
Staff/stuff
Lyndon Richardson, pictured, was a senior member of the Hunter’s gang when he co-owned Ironclad Securities with Richard Freeman. (file image)
Most of the speech was broadcast on Mediaworks’ Campbell Live TV, in material that Staples told the court was “very poor, crooked and untrue.” The program later ran a second item based on Peters’ claims.
“Mr Freeman is responsible for the damage caused by Mr. Peter’s speech in Parliament and the first Campbell Live programme,” the court ruling said.
The court heard evidence that Staples’ business, reputation, and well-being had been severely damaged by the allegations published against him.
“They represent a sustained and all-out attack on Mr. Staples’ character and business practices.” The judge said.
The current affairs program on Mediaworks TV Campbell Live, hosted by John Campbell, pictured, also featured the allegations against Staples.
Mr. Staples says that everything changed when Mr. Freeman and his ‘chief hunter’ entered his life.
The judge recorded several aggravating factors against Freeman.
His financial motives included defamation of Staples’ reputation, his apparent attempts to blackmail him, abusive emails and threats, and his violation of the order against him, and that he “knowingly and cynically” encouraged Peters to make allegations in Parliament knowing that Staples would have no way.
Freeman was ordered to pay $350,000 from Staples in damages, judgment date interest, and $20,000 in costs.
John Kirk Anderson/Staff
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