TOTT 28 March 2019

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March 28, 2019
Marina resident must fork out
R70K for defaming estate agent
JON HOUZET
ARoyal Alfred
Marina resident
has been
ordered to pay
R70,000 plus costs for
defaming another
resident who he
accused of being a
“whore” to promote
her personal and
business interests.
The order was
handed down by
Judge Judith Roberson
in the Eastern Cape
High Court in
Makhanda on February
26.
The case was
brought by estate
agent Isobel Meyer
against retired
attorney Peter Bassett,
both of whom live on
the marina.
Meyer decided to
Distinctive
By TIMBER TOWN
Shop 19, Heritage Mall
072 010 2250 /
085 3000 245
Case heard in high court after written apology not accepted
launch the suit after
hearing about an
incident at a social
gathering at the home
of Shane Lang in
March 2016 at which
Bassett was alleged to
have made derogatory
comments about her.
She was not present
at the gathering.
In his responding
plea, Bassett admitted
calling the plaintiff a
“f***ing bitch” and
pleaded further that
“he may have said
something to the
effect, in crude terms,
that she was engaged
in a sexual relationship
with Mr [Stuart]
Boucher within the
context of her
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accusations levelled
against him
concerning the affairs
of the Royal Alfred
Marina Homeowners
Association [Ramhoa]
and denies the further
averments set out in
this paragraph”.
He denied that the
words were
defamator y.
Port Alfred resident
Peter Charter was
present at the
gathering and gave
t e st i m o n y.
He said he had
known Meyer for many
years and that she was
a family friend.
There were others
present at the
gathering, most of
whom were marina
residents.
It was the first time
Charter had met
Basset t.
The court heard that
during the course of
the evening, while the
hosts and the guests
were sitting in a
semi-circle around the
fire, the conversation
turned to marina
a f fa i r s .
Bassett was angry
about disciplinary
proceedings being
initiated against
former marina
manager Angus
S c h l e m m e r.
Then he made
comments about
Meyer, who was on the
Ramhoa committee.
“He said she was
whoring around,
sleeping around and
f***ing around for
business, and was a
bitch,” the court heard.
Several of those
present walked away
from the conversation.
Charter was shocked
that the defendant had
said these things to
someone he did not
k n o w.
Some months after
these events Charter
met Meyer at her
invitation and told her
what the defendant
had said.
He could not repeat
verbatim what the
defendant had said,
but told her his
interpretation of what
was said.
Meyer also testified,
and said she was
devastated when she
learnt what Bassett
had said about her and
could not believe that
anyone could tell such
lies.
Her confidence was
affected, and she
wondered whether
people believed what
had been said and
what they thought of
h e r.
She found it difficult
to concentrate on
running her business
and also withdrew
socially, she said.
Meyer’s attorney
sent a letter of
demand to Bassett on
October 10 2017.
In that letter a
PETER BASSETT
written apology was
requested for approval.
If approved it was to
be circulated to the
guests who were at the
g at h e r i n g .
Payment of R1.5m
was demanded in
addition to the
a p o l o g y.
Basset t’s initial
“without prejudice”
apology was not
accepted by Meyer
because he made
excuses for his
conduct.
He sent another
letter just more than a
week later, in which he
stated: “Even viewed
in the light of the
acrimonious tensions
WARRICK STRACHAN CFP ®
T: 046 604 2300 (o) 072 3766 523 (m)
E: warrick@oldmutualpfa.com
30 Campbell Street, Port Alfred
27 Lyon Road, Kenton on Sea
Cnr African & Allen Streets, Grahamstown
ĞůĞďĂŶŐĞĂŽĨĮŶĂŶĐŝĂůůĂŶŶŝŶŐΘŝŶĂŶĐĞĞĐĞůůĞŶĐĞ
which existed between
us at the time, there is
neither excuse nor
justification for what I
said.
“My comments were
malicious and
wrongful, and said
with reckless disregard
for the truth.
“I sincerely regret
the personal hurt and
damage to your good
name and reputation
my conduct has
caused you.
“It was an
embarrassing lapse of
judgment and
self-control on my part
for which I tender my
unreserved apology.
“I also wish to
record my regret for
the distress and
anguish which I
believe my
transgression has
caused you and your
fa m i l y.
“I am deeply and
sincerely sorry for
t h at . ”
In the covering
e-mail to this letter
Bassett stated that
what he had said was
said maliciously and
with the object of
hurting the plaintiff
and/or damaging her
r e p u t at i o n .
He also offered to
pay the plaintiff’s
reasonable legal costs.
Meyer did not accept
this letter either.
Her attorney asked
Bassett to delete two
paragraphs Meyer felt
were irrelevant and
said she would accept
R850,000 in damages.
Bassett asked to
meet Meyer to convey
the sincerity of his
apology, but did not
agree to pay any
damages.
The case went to
cour t.
Bassett closed his
case without testifying
or calling witnesses.
Roberson found that
the statements made
by Bassett, barring the
words “f***ing bitch”,
were clearly
defamator y.
“The statements
were likely to injure
the good esteem in
which the plaintiff, a
successful and wellknown
estate agent
who maintained strong
family values, was held
by the reasonable
person to whom the
statements were
addressed. Not only
was she said to be
sexually promiscuous
for material benefit,
but also unethical in
her practice as an
estate agent.
“There was a hint of
a defence of
justification in the
d e fe n d a n t ’s plea, but
the contents of the
letter of apology of
October 26 2017 and
the covering e-mail
admit all the elements
of defamation.
“This case was really
about the quantum of
damages to be
awa r d e d , ” the judge
said.
Counsel for Meyer
submitted that
R700,000 was
appropriate whereas
counsel for Bassett
submitted that an
amount from R30,000
to R40,000 was
a p p r o p r i at e .
Taking into account
precedent in other
cases and varying
degrees of seriousness
of defamation,
Roberson decided on
R 70 , 0 0 0 .
Bassett also has to
pay Meyer’s costs on
the magistrate’s court
scale.
SOCIAL TIME: Linda
Emslie, left, and
Juanita McLean had
lunch and sat back to
appreciate the musical
stylings of Claude
Samuel at the Barefoot
Café on Wharf Street
on Sunday Picture: ROB
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