RE: Private & Confidential - Diplomatic Immunity

Dear John

Brother Mark Paul

Without predudice save for costs

I refer to our conversation earlier today, and your recent email below.  As requested, below is the Google page containing the relevant link:

http://www.google.com.au/search?q=marist+brother+mark+paul&hl=en&rls=com.microsoft:en-au&prmd=ivnso&ei=RmE2TcytJIeivQPR37WLBA&start=20&sa=N

As to your request for proof of identity of our client, as we understand it, Mark Paul is his real name.  However, even if this were not the case, we make the point that the circumstances would not be any different.  Brother Mark Paul is the name by which our client is known and by which he is recognised. So much is shown by the fact that he was alerted by another to the Google search in question.  Accordingly, any imputation arising against this name is an imputation against him (whether or not the name has legal standing). We do not consider, therefore, that proof of our client's identity, per se,would be in any way meaningful in all of the circumstances.

Again,we are grateful for your assistance in looking into how this matter might be resolved.  We look forward to hearing from you.

Please don't hesitate to contact me with any queries.

Kind regards

Rory

Conversation note:

Without prejudice save for costs re Mr. Mark Paul

Thanks for your call Rory.

Please provide a link to the Google search results in question - would be good to know if we have to deal with similar results in other search engines - let me know.

Re Identity - as mentioned Catholic clergy often go by an assumed, taken or religious name which has no legal standing. I  look forward to receiving a certifiable proof of identity re Mr Mark Paul asap.

rgds

JohnB

Dear Rory,

Thanks for your email today.

I am exempt from any form of legal action from the Catholic church as I have immunity.

[Get your Molested catholic ID here or here. Choose your own background and color combination. Ed.]

rgds
JohnB



On 19/01/2011 11:14 AM, Rory Jolley wrote:

Dear John

Brother Mark Paul

Without predudice save for costs

I refer to our conversation yesterday.  It was good to be able to speak with you in person, and very constructively I might add, about the matter at hand.

As you know, our client was alerted to the fact that a Google search of his name and title returns a result that could be said to defame him by apparently intimating that he has 'a sexual predator record'.  Our client is very distressed by this imputation.  That search links to your website, www.tfyqa.biz.  We note that the Google search links to a page on your website setting out search terms used to click through to your site.  Nevertheless, under the tests applied at law it is arguably defamatory for our client's name to be linked in such a way with a website that revolves around the sexual abuse of children by members of the clergy. 

As I am sure you can appreciate, our client does not wish his name to be in anyway linked with such henious activity.  It is clearly in his and your best interests for the site to be amended.  We very much appreciate that you were prepared to discuss this matter with me in good faith, and in some detail,and to give us your expert view as to what it might take to ensure that the information which gives rise to the imputation in question may be removed.

You stated to me that, upon receipt of this email, you would be able to look into further what might be involved in removing the data underpinning the Google search, bearing in mind, of course, the issues you discussed with me regarding the implications of the back-up/replication of data that would have occurred for continuity purposes.  We would be grateful if you would do so, with aview to contacting us to discuss the matter further.

Please don't hesitate to contact me via telephone of email if you have any queries,and also to let me know when you anticipate you might be able to look into this matter.

Kind regards

Rory

Rory Jolley Lawyer
t +61 3 86082078    f +61 3 8608 1341
Minter Ellison Lawyers Rialto Towers "¢ 525 Collins Street "¢Melbourne "¢ VIC 3000
rory.jolley@minterellison.com  www.minterellison.com

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