THE AGE SHAMED: Theophanous false accuser sentenced to two years jail after criminal defamation conviction relating to Age front-page story

theageguilty The Age newspaper has been found to have published criminal libel/defamation of former Victorian cabinet minister Theo Theophanous.

The finding of the Greek courts – which has been obtained by VEXNEWS – convicts Theo’s accuser (who cannot be named for legal reasons) of defamatory libel and imposes a sentence of two years imprisonment. The court documents show that the sentence is suspended for three years.

THE WEBB OF DECEIT
Theo’s false accuser’s allegations were originally published in The Age newspaper in a front-page story written by an Age journalist later revealed to be a personal friend of the accuser, Carolyn Webb.

Webb is still currently an employee at The Age although she was recently rumoured to have considered taking one of the voluntary redundancies that are so frequently offered there.

Despite the criminal defamation finding, The Age continues to publish the offending false claims of Carolyn Webb’s mate online.

As we will see, the false accuser, The Age’s source, now denies that any interview occurred between The Age and her. To be fair to Webb, it’s just the latest of the accuser’s many lies.

webbofdeceit Little wonder the view of mainstream political parties (non-Greens, non-communist) is that The Age’s political coverage has not so much lost its way as occupied a place in the smelliest sewer. Its print edition is not expected to last much longer than five years, given the disappearance of its traditional principal source of revenue, classifieds.

The case was brought by Theo Theophanous following the decision of a Magistrate in a committal hearing here that Theo’s accuser had “concocted” evidence and had attempted to “coerce” witnesses. The Magistrate found there was not even sufficient evidence to allow a trial based on her allegations and was scathing about the whole case.

It was one of many recent blows to the authority of now disgraced Victorian Director of Public Prosecutions Jeremy Rapke, who personally insisted the case be brought despite fundamental problems with it, has of course been recently accused by senior colleagues and the highly-regarded Sunday Herald Sun of maintaining inappropriate relationships with female staff. Interestingly, Rapke has called for the abolition of committal hearings, of the kind where cases like the bogus one against Theophanous can be thrown out.

The decision of the court will now put pressure on Victoria Police and the besieged Office of Public Prosecutions to bring perjury and false statement charges against Theo’s accuser.

WHAT HAPPENED
A source – familiar with the proceedings – explained to VEXNEWS that the criminal defamation case was heard last week on the 25th of October at 9am in the Sixth Court, comprising three judges, in the “Lesser Court” an equivalent to our Magistrates Court.

The Greek system – like most of Europe – is an inquisitorial system rather than the adversarial system in the English speaking world.

The three judges read all the depositions and documents in submitted by the parties and then ask their own questions of the witnesses. The parties’ lawyers are also then able to cross-examine the witnesses.

The source explained: “The three judges are assisted by a District Attorney who makes a recommendation to the Judges at the conclusion of hearing all the evidence. In this case the District Attorney strongly recommended that [the false accuser] be convicted and sentenced to the maximum sentence of two years jail.”

Theo and his wife Rita volunteered to be witnesses, with Theo questioned for nearly two hours on the case.

HIDING FROM SCRUTINY
The false accuser chose not to attend and was not obliged to do so under Greek law for this kind of offence. The false accuser’s father, brother and mother attended the hearing. Only her father gave testimony.

The father’s testimony was that no interview had occurred between the false accuser and Carolyn Webb. This point was reiterated by the false accuser’s lawyer, a Mr Fousekis, our source revealed.

The court rejected this account due to the evidence of emails addressed to Ms Webb from the false accuser where she lavishly thanked Webb for writing the article “as she wanted it written.”

The judges were highly critical of the failure of the false accuser to appear, VEXNEWS has learned. They noted that the false accuser and her family were provided with Australian-taxpayer funded plane tickets and accommodation to travel to Australia to give testimony against Theo. However, she was unwilling to travel to Athens to appear in a Greek court to explain herself.

The court found that the false accuser had acted maliciously in talking to The Age and making her allegations, our source explains. She spoke to Webb from Greece while there which meant her crime of criminal defamation occurred there.

The court found that the offending Age article dated 15th October was published in Greece by reason of it being accessible by English speakers in Greece and as many as 10,000 Australian expatriates in Greece. This potentially leaves The Age’s editor Paul Ramadge in a position of being in violation of Greek law, potentially earning him two years in jail too. One colleague suggested this morning “He might prefer that to two more years of being bent over by Rural Press bean-counters…(who have been imposing draconian cost-cutting on the once-pampered broadsheet newspaper)”

The three judges held that the allegations made by the false accuser were untrue on the evidence and that there was an intention to procure reward from the false allegations. They accepted that the accuser intended to put public pressure on Victoria Police to lay charges in the case.

The court imposed a two year jail sentence, suspended for three years, which, like here, means that if the woman commits further criminal offences she could be required to serve the full two year term. The woman has appealed her conviction.

Below are the court documents outlining their decision on The Age’s source, now convicted of criminal defamation and sentenced to two years jail.

criminaldefamationtheage criminaldefamationtheage2

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24 Comments

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24 responses to “THE AGE SHAMED: Theophanous false accuser sentenced to two years jail after criminal defamation conviction relating to Age front-page story

  1. Xerxes

    It’s all greek to me.

  2. Easy To Send A Man To Prison

    Revenge, Money, Unstable Mentally, Shame. 4 Top reasons why a woman would accuse a man of rape.

    Let’s face it, the only evidence in these cases is just the woman’s word that “he did it”.

    Then there is the obvious rebuttal of, “why would she make it up?”.

    Which leads to the conclusion in these types of cases of once the female finger of accusation has been pointed (without evidence than her say-so) of Guilty until proven Innocent.

    Rape is a horrible crime and those who do it should be punished.

    But its become all too easy to send men to prison or at least ruin them financially in legal costs or destroy their health.

    The view of the prosecution/police is “well she has made a claim, send it to court and let a jury sort it out”.

    And that’s a sad sad state of affairs.

  3. Anonymous

    Front Page and 20 follow-up stories about Theo being an alleged rapist.

    1 byline saying insufficient evidence to proceed to trial.

    Justice in Victoria indeed.

  4. Justice denied

    The were many mistakes, injustice in the process applied. The Age showed an extraordinary lack of professionalism boarding in incitement of hatred. We should also remember that it was the Office of Public Prosecuting that failed to apply due diligence in its investigation. It was pursuing a Political trial of character assignation which cost Theo’s career and reputation. Yes the allegations were serious and once made needed to be investigated, but the department should have realised that the allegations were not supported by the evidence as presented.

    This is not the first time Rapke and others including the Age have failed justice in Victoria. The media often get it wrong and when they are shown to be wrong fail to act to correct their mistake.

    The media today acts like a lynch mob. They believe they are not only above the law but the law itself.

  5. Adrian Jackson

    Is he a Greek or a Geek. Could never spell his name either. Better without him in Parliament anyway as he did very little for the masses.

  6. Adrian Jackson

    Carolin Webb, the bitch who mis quoted me in The Age following the Port Phillip Council meeting on the Vineyard cafe tender/lease issue a few months ago.

    Perhaps a more fruitful “job” on the streets of St Kilda is a better option for her.

  7. Name All or Name None

    If the accuser can be covered in the cloak of anonymity, then so should the accused.

    Otherwise, like the Theophanous case shows, innocent men can be ruined.

  8. anon

    How hilarious that you, the fearless defender of free speech, should support a place where defamation is still treated as a crime. Or maybe you’re just supporting your wife’s former employer, Theophanous? Hmmm?

  9. Don't

    I could not care less if a politician has his ‘reputation ruined’, anyone who wants to be a politician already has a very bad reputation in my eyes from the get go. After a lifetime of spending money stolen from me by the tax office, Theo can feel what it is like to have his ‘reputation’ stolen from him, see if I care.

  10. Day will come when Anglo Elites will Pay!!!

    Why is it only ethnic or migrant public officials, activist and decision makers destroyed in this way ….??? Another example of subterranaen divide at work in this so called “lets tolerate them country” !!!!!

  11. Gazza, Bazza, Shazza, Stevo, Macca Anglo Vee Bee Gulper !!!

    Tayfun Eren labelled, Andrew Thephanous labelled, Theo Theophanous labelled, George Seitz labelled, Sang Nguyen labelled, Adam Somyurek labelled,Khalil Eideh, Marlene Kairouz labelled Telmo Languiller labelled …..

    How come only ethnics labelled?
    Can you please explain Star Candidate power politician Anglo Elite?

  12. Lee Harvey

    Ultimately if they cant catchem stelling they will ruuin then with false accusation and if they can do it that way ….. worse still the grassy knoll will be employed at some point ….

  13. A drain on jack's son

    The below from another racist poo jabber …

    “”Is he a Greek or a Geek. Could never spell his name either. Better without him in Parliament anyway as he did very little for the masses.

    Reply
    Posted by Adrian Jackson | November 3, 2010, 13:58 “”

  14. Family Bucket

    Tappa, can you translate this for me?

  15. Rupert's Jock Strap

    The Media Elite with their mates in the Factions (Liberal and Labor ) are the Law in this country ….. Why do you think the populace is so apathetic ( they no where the real power is !!!!

  16. Adrian Jackson

    Gazza etc – we miss Tayfun Eren being crapped over by the Libs in Parliament. Were is he now? Is he on the dole or is he in gaol or is he a senior Labour staffer on a huge salary (sorry, its called a wage in the ALP).

  17. Adrian Jackson

    A drain – actually Theo….etc is not a greek geek he is a Cypriot which is a Turkish colony last I heard

  18. Medici

    @Gazza, Bazza, Shazza, Stevo, Macca Anglo Vee Bee Gulper !!! | November 3, 2010, 20:40
    How come only ethnics are labelled? Because they allow themselves to be used by the Anglo Elite that’s why. They become cheap little warlords delivering numbers for the Anglo Elite, it’s the system stupid, old fashioned colonialism. A handful of useful ‘ethnics’ control their fellow ethnics and take personal reward for it all the while communities suffer for the lack of attention. The Anglo Elites know that the ‘ethnics’ will just keep on exploiting their own and will keep on delivering the numbers and the cash. It is a truly corrupt and disgusting system and we all suffer, us Anglo’s and you ethnics because we do not ever get the best that you ethnics and us Anglos have to offer. We get dud Anglo’s and dud ethnics.

  19. Damocles

    Andy, with greetings and respect, several of my Greek friends disagree with your interpretation of the court documents in Greek, for which you have not provided a translation.

    Can you provide a translation of the two documents, together with details of the identity and qualifications of the translator?

    [VEXNEWS: You will see that there is just the one document, the judgment in Greek, with a certified translation in English. Try double-clicking on the documents at the end of the story and it will be clear enough. The translation has a stamp on it that clearly identifies the translator]

  20. Gazza, Bazza, Shazza, Stevo, Macca Anglo Vee Bee Gulper !!!

    Tayfun Eren labelled, Andrew Thephanous labelled, Theo Theophanous labelled, George Seitz labelled, Sang Nguyen labelled, Adam Somyurek labelled,Khalil Eideh, Marlene Kairouz labelled Telmo Languiller labelled …..

    How come only ethnics labelled?
    Can you please explain Star Candidate power politician Anglo Elite?

  21. Adrian Jackson

    Is the Turk Tayfun Eren the President of Cyprus now

  22. A Disgrace

    What a bloody outrage – that someone can be tried in Greece for exercising their legal rights in Australia.

    Victorian politics is better without this low-life occupying high political office!

  23. LeftRightOut

    Would Theo be able to make a civil claim for damages from The Age? I think it likely that he would… all the more likely now that it has been proved in court (albet it a foreign court) that it was all BS.

  24. Gazza, Bazza, Shazza, Stevo, Macca Anglo Vee Bee Gulper !!!

    Is the Turk Tayfun Eren the President of Cyprus now

    Reply
    Posted by Adrian Jackson | November 4, 2010, 7:57

    Adrian you are another pubic hair on the testicles of life you moron …. cant you come up with some decent comments !!!!! Real Smart!! Drongo !!

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