Chad Williams wrote:Daren wrote:The thing is, we only have your word for that. The point is that you can bluster all you like, but there is still no proof forthcoming
I am not going to do 100's of posts on this, read my post on why the proof can not be made public.
Dwayne needs to clear his name by showing what he claimes he can do, this is the way it works in sport.
Well, Chad, much as it annoys you, I am going to put my lawyer hat on here and lay out some real world information for you.
You have now made an unequivocal statement that Dwayne lied and cheated. It may or may not be true, but your statement impugns Dwaynes character publicly. If it is false, it is defamatory; since it is a written defamatory statement, it is libelous. You have published the statement on the internet, which is available worldwide.
Should Dwayne choose to do so, he could file a lawsuit seeking damages for injury to his reputation in any venue in which the statement has been published, in other words, pretty much anywhere in the world -- like, say, Arizona. Most countries and U.S. states have some version of what is called a "long-arm statute," which allows the assertion of personal jurisdiction over people who do something somewhere else that affects someone or something in the jurisdiction where the lawsuit has been filed. Publication of defamatory statements in Arizona most likely falls within the Arizona long-arm statute. In other words, there is probably a basis for an Arizona court to assert personal jurisdiction over you.
If Dwayne should sue you in Arizona, you would have two choices: Show up and defend, in which case the burden would be on you to prove what you have said (and if your "witnesses" won't come forward, you would lose); or stay away and allow Dwayne to take a default judgment (i.e. you would be declared to have lost because you failed to appear) and prove up his damages. You may think that being in another country might protect you from this, but there are mechanisms to collect judgments internationally.
All this talk about where the burden of proof is in sport is really moot now, if Dwayne chooses to make it so. The burden of proof in court would be on you, and you may well end up there.
And just to make it clear, I don't practice law in Arizona and I have no desire to represent Dwayne. I'd really enjoy watching the show if this ever went to trial, though.
Chad, you just don't know when to stop and shut up. Your naivete and big mouth have put you at significant risk.