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BY EMAIL jmarinomontero@aol.com URGENT |
Dear Sir
We act for Mr Jesus Sanchez. Our client has a claim against you for defamatory comments made against our client contained in a website edited by you, with the domain name www.stamp-scandal.com ("the Website").
This letter should be treated as our client's Letter of
Claim in accordance with the Pre-Action Protocol for Defamation. We
would also like to draw your attention to the EC Directive on electronic
commerce (Directive 2000/31/EC) ("E-Commerce Directive), which is
given effect in the
Defamatory statements on
the Website
In general, the contents on the Website are overtly defamatory against our client. However, we would like to specifically draw your attention to the following (by way of example only):-
"The
involvement of companies controlled by Alex Jesus Sanchez – Hureges
Holding Corporation and Primadart S.A. - and some of his suppliers –
Sako Khatchitkian, Etienne de Cherisey Fatou, Milana Martinovica, etc. –
in the 50th anniversary of Europa issues and their suspected links
to the Forum Filatelico scandal and money laundering makes us wonder what other
corruption is being allowed to grow and flourish in postal authorities around
the world."
The underlined words of "Alex Jesus Sanchez" is a link to the following internet address:- http://www.stamp-scandal.com/Hofman/143-26072006-1.pdf. A list of businesses prepared by the Feuille Officeilles Suisse du Commerce is outlined at the Internet address.
Implications of the
defamatory statements
The contents of the Website have led our client to interpret that he is being accused/ associated with fraud, corruption and money laundering. The authors and editors of the Website accuse our client of being guilty of crimes, which are very severe and carry both criminal and civil penalties. In effect, the authors and editors of the Website are branding our client as a criminal, which is not only offensive but also causing damage to our client's reputation.
The defamatory statements are completely without foundation, inaccurate and insupportable. Firstly, our client has not been charged with fraud, corruption or money laundering by the police. Secondly, our client has not been put on notice of any claim relating to the defamatory statements. Thirdly, our client has no knowledge of any alleged fraud/ corruption or money laundering. Fourthly, our client does not control the companies mentioned i.e. Hureges Holding Corporation and/ or Primadart S.A. Fifthly, our client has never entered into any business dealings with the Forum Filatelico or Afinsa.
In conclusion, the statements on the Website are defamatory as they are ones, which would tend to lower our client in the estimation of right-thinking members of society generally (Sim v Stretch [1936] 2 All ER 1237). The statements refer to our client i.e. Mr Jesus Sanchez and have been published by you in your capacity as an Editor.
Conclusion
It is apparent that our client has suffered damage to his
reputation as a direct foreseeable result of the defamatory comments contained
on the Website as set out above. We therefore require your confirmation that
you will cease to remove all postings on the Website referring to our client as
soon as possible or by no later than 4pm on 6 February 2007.
We reserve our client's rights to seek damages against you for the
damage incurred to our client's reputation. Evidence of our client's damages is
being collated and will be brought to the attention of the Judge at Court.
In the event that you fail to provide the above confirmation
by 6 February 2007, our client will be issuing proceedings against you for general
damages and an injunction to prevent the publication of the defamatory comments
on the Website.
We would be grateful for your immediate acknowledgment on
receipt of this letter and in any event your above confirmation as soon as
possible or by no later than 4pm on 6 February 2007.
Yours faithfully
BP Collins