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Article Category: 2006 August

Test for defamation:

Description:

Article originally prepared on : 16 August 2006

Test for defamation:[1 All-round Country Edition]

Jeremy Roberts. The Australian. Canberra, A.C.T.:Aug15, 2006. p. 4

A JUDGE will decide today whether to throw out South Australia's firstcriminal

defamation trial in 46 years after the defendants argued they had no caseto

answer because the "victims" had never publicly denied they werepedophiles.

If South Australian District Court judge Marie Shaw decides the ninecharges

against Wendy Utting, Barry Standfield and Craig Ratcliff stand, she mustthen

decide whether the case will be divided into two, with Mr Ratcliff facinga

separate trial. Mr Ratcliff in March last year alleged to journalists thata

Labor MP was a pedophile and had engaged in illegal sexual conduct witha

teenage boy.

The controversy took a surreal turn when then parliamentary speakerPeter

Lewis, a self-styled anti-corruption campaigner, and his two volunteerstaff,

Ms Utting and Mr Standfield, repeated the claims and, along with MrRatcliff,

suggested two gay men who also knew about the Labor MP had beenmurdered.

At the height of the controversy, a fax was sent to numerous media

organisations naming the Labor MP and three others -- two servingpolice

officers and a former state Liberal politician -- as pedophiles.

Ms Utting's lawyer, George Mancini, has argued his client had "no caseto

answer" because none of the victims had denied the claims to thecourt.

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