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High Court of Fiji |
In the High Court of Fiji
At Suva
Civil Jurisdiction
Civil Action No. HBC 143 of 2015
BETWEEN:
Fiji Fashion Week Limited
First plaintiff
And
Ellen Whippy Knight
Second plaintiff
And
Emosi Radrodro
Defendant
COUNSEL : Mr E.Narayan with Ms Komal Singh for the plaintiffs
Mr I. Ramanu for the defendant
Dates of hearing: 16th and 17th August, 2016
Judgment
When I was a young radio nobody dj if that’s the right term..I stepped out and produced a TV show that made a housewife like Ellen Whippy Knight and in Sydney come out and do something about everything that she is...everything she knows and everything is about to become ..FFW is the answer...I remember Ellen getting a $5,000 grant from Nestle to start a copy cat show like mine but Broadbridge my friend Fiji TV programming boss that time ...wouldn’t allow it. In fact he warned me
about her from day 1 being SGS exes.....so I said let me do this my way...give me prime time and I delivered and Ellen is an amazing worker, I respect her she doesn’t
respect me...last time we had a meeting at her FFW office she suddenly got her witch side out and proud and I walked calmly out and said...seee you Ellen...cum on Ellen give me some fucking credit will ya....I was fit enough to be your son when I was everybody’s boss right.....but with ur connections u tried and again you tried...sorry I have favour...u live in 2015 the whole fucking world can know more and then some.
(b) Facebook post dated 15th March 2015 at 3.02 pm
I just want some f#$%^^ credit for making some old respectable people like Fiji Fashion Week boss dream a little bit more and I made her realise that she can be more than being a sydney housewife in her father’s country...all she needed was a push and I think the TV show we did back in 2004 which inspired MIC as you know it now did it...so that’s all...do I want more...f%$$ yeah...but there’s other ways to do it....so to all the media reporters vakils that spoiled my name, you were doing your job you can say, you had deadline to produce and but didn’t get the full story of closure...thanks for the smile the story and the backstabbing...at least I tried and I did it go f$%% yourself...and no I’m not done yet.
(c) Facebook post dated 17th March 2015
Another anonymous email about Fiji Fashion Week and what the girls do when the stage, lights, music are turned off and the catwalk is gone....Where do the girls go or rather who do they go with ???
This guy works at the Airport in Nadi and he knows the model, who he said posted pictures of this trip. The trip was to Singapore.
(d) Facebook post dated 18th March, 2015, at 12.44 am
Ok Bubu Ellen of Fiji Fashion Week who worked with me on my production has sent me a message...I’ll take a shower and then read it....The truth hurts but I don’t think I’ll be posting it online....Said what I have and it’s water under the bridge as far as I’m concerned...and I’m not going to get into a pointless cat and mouse game.
If you have no idea what I’m talking about go to the page Take 1 with Prince Radrodro and read the pinned post.
(e) Facebook post dated 18th March, 2015, at 9.40pm
A former aide to Fiji’s former Prime Ministers who now resides in Sydney, Australia, Joseph Raga has made some accusations that may be criminal in nature against a well known, leading female fashion figure in Suva, Fiji who is also a long time Sydney resident.
The woman will remain unnamed for now but KGM ...Kidava ga mai ..haha
But since the source cannot substantiate the accusation, it will have to remain as that coconut wireless for now...Stay tuned lol.
(f) Facebook post dated 18th March 2015 at 10.58am
What’s the future for Fiji’s Fashion Week Models? Ambitious, pretty, sassy, confident. Young girls and some boys.
Where do they end up after strutting down the catwalk?
So far one has made it on the international fashion scene which is fantastic thanks to FFW. But what about all those pretty young girls and some boys?
(g) Facebook post dated 18th March 2015 at 1.59pm
Joseph Raga kua ni dau gusu kabasau tu and can’t prove your accusations. Na bui ni gone qo sa cudru Lol.
Mail from Ellen of Fiji Fashion Week about accusations by Raga that she is a pimp and introduces Pretty young models to Wealthy businessmen for prostitution.
Accusation she denies and will be confronting the trouble maker Joseph Raga. Drau na sota yani kei Bu Imao.
All I’m going to laugh at is the figure she claims to have invested lmao...Sa rauta mada na lasu Bubu.
(h) Facebook post dated 18th March 2015 at 3.47pm
Hey there are others mailing me saying that what Joseph Raga said about a certain Fashion Figure in Fiji about her being a prostitution pimp in Suva and dealing with Wealthy Businessmen and others could be true.
Joseph said she provides pretty young models from her show for these cashed up clients.
Joseph said his source is one of the Vinod Patel Millionaire people.
(i) Facebook post dated 18th March 2015 at 5pm
I HAVE RECEIVED PICTURES OF YOUNG GIRLS (supposedly MODELS FROM FIJI FASHION WEEK)..SOME EXPLICIT IMAGES...
WHO THE ANONYMOUS PERSON WHO SENT THEM TO ME SAID ELLEN WHIPPY FIJI FASHION WEEK DIRECTOR CONNECTED THE GIRLS WITH RICH CLIENTS.
EVIDENCES ARE HERE ALL WE NEED TO DO IS FIND THE GIRLS AND GET THEM TO TESTIFY.
(j) Facebook post dated 18th March 2015 at 5.09pm.
JUST ANOTHER ANONYMOUS EMAIL ABOUT FIJI FASHION WEEK DIRECTOR.
ANOTHER HAD SENT EXPLICIT PICTURES OF MODELS supposedly FROM FIJI FASHION WEEK ENGAGED IN SEXUAL ACTS WITH WHITE RICH CLIENTS.
PLEASE NOTE ALLEGATIONS HAVE BEEN MADE BY OTHERS AND NOT ME.
(k) Facebook post dated 18th March 2015 at 5.09pm.
Just a preview of pictures sent to me.
These FFW models were supposedly connected by FFW Director acting as a pimp to wealthy clients. As first alleged by Joseph Raga this
morning.
Others have come forward and told their stories about dealing with this woman.
Will email her without pictures and confront her about the accusations. These girls will have to be questioned by Police.
Picture has been edited to protect the identity of the girls. BUT TRUST ME THE PICTURES I HAVE ARE QUITE DIRTY FOR F B.
(l) Facebook post dated 20th March 2015 at 7.10pm.
How cheap and embarrassing. (Feel free to share this).
Fiji Fashion Week claims to have spent $2m of its own money yet look at how they pay their fancy models.
Some of whom (FFW models) sleep with rich white men (supposedly for money). CID have pictures of these girls in the nude with white men and they are investigating further as to who is making the connections.
The girls themselves are not in trouble with the law.
Keep your stories coming in....
(m) Facebook post dated 19th March 2015 at 11am.
I have emailed Bubu Ellen of FFW again about these serious allegations from the public and the pictures which has emerged as a result and she has not replied.
She did mail me yesterday when the allegations were first made and she denied it, asking for the contact of the person making the allegation.
She did mention spending $2m of her own money in FFW. I’m not sure it’s even worth that much.
She’s in Sydney. Texted Called her Sydney number and she’s not replying.
Anyway will meet with this CID contact today and will decide on the way forward for the sake of these young vulnerable Girls.
Fiji Fashion Week called me this morning and the reception was asking who I was. I replied I’m her former boss like a boss.
(n) Facebook post dated 19th March 2015 at 2pm.
The girl pictured sitting seductively on top of the while Rich man in the nude is a well known model for FFW. She’s drop dead gorgeous.
The white bloke is a millionaire and hired villas at Denarau and Pacific Harbour.
Just got their ID confirmed.
(o) Facebook post dated 19th March 2015 at 12pm
Someone’s gonna get hurt real Bad.
So FFW models who don’t make it to New York or Milan gets a millionaire for a few nights for a few $$. Looks like it.
Who’s doing the introductions? This has been going on for a while apparently.
Who’s benefitting $$ wise???
This is more than just two young girls making mistakes.
This is just the tip of the iceberg and we need to get to the bottom of this.
(p) Facebook post dated 19th March 2015 at 1pm.
Listen people this is hardly about the two girls in the explicit pictures. They are our source and they will have to talk.
This raises a whole of of questions about the whole modelling industry in Fiji where there simply is not much $$$.
If you get $50 to model apparently you would want more. So who will pay more??? The old rich man and the PNG businessman in the second row, watching. Hehe. So the girls get exposure. Exposure for what exactly???
Look at the bigger picture.
(q) Facebook post dated 18th March 2015 at 2pm.
What we can confirm now by way of pictures evidences that some FFW models have sex with rich white men for free hihi
We cannot prove prostitution but you aren’t dumb it give you that.
The more important question is who is connecting these girls to rich white men???
The testimonies will reveal all and prove this.
(r) Facebook post dated 19th March 2015 at 7pm.
Fiji Sun is asking for the Pictures and the identity of the Girls and I have refused. They have also asked me to take down my last status which I won’t. They are seeking comments from Ellen’s legal representative and do I look scared? No..lol.told her I don’t want this in the papers and the reporter said then take the
post down. She’s asking for my number and I have refused too.
Because they can misquote me on the phone. You want my comment send me email and I will answer. At least that way you won’t misquote me.
(s) Facebook post dated 19th March 2015 at 9pm.
“Bubu Ellen Whippy of Fiji Fashion Week ...if you think you can sue me for being a whistle blower (hahaha)..na demu sara...all you will get is bad press and it will work against you as unlike you I have nothing to hide. However I have pictures that will incriminate you and the investigations has started Bu.
You haven’t been a nice human being behind all the glamour of FFW according to the testimonies so far...I am hardly surprised having seen your witch side. Again I’m grateful for all the work you did for me even though you were a pain in the butt when you worked for me on my TV Show.
Ellen and I go back...read more at Take 1 with Prince Radrodro...read the Pinned Post.”
(t) Facebook post dated 19th March 2015 at 9pm.
Keep your stories rolling in...Your story matters...Do the right thing tell your story now and make a difference...Good always triumph Evil all the time.
(u) Facebook post dated 19th March 2015 at 9pm. I hear on the grapevine that in the local fashion scene they pay $50 for a whole 2-3 hours catwalk show per model. The CEO of a particular fashion brand mailed me to boast that she has spent $2m in the local fashion/modelling industry of her own $$..Lol. So for $50 they are getting exposure. Great but exposure for what exactly? Where do they go from there? Siviaga na con...if you are worth that much you would invest in an industry that will give you half of that in a year not Fiji Fashion...Lol. The math and the joke is not working....Try again ..Hihi.
(v) Facebook post dated 19th March 2015 at 10pm.
“Fijians are very proud that one of their own beauties, Ms Steele from Sigatoka has made it to the big modelling capitals of the world like New Yord, London, Milan etc.
Signed up to Trump Models (Donald Trumps Agency) that is an amazing achievement.
Please note Fiji Fashion Week had nothing to do with this, it was possible only through Grace from on high and a radio station contact inviting a model scout to Fiji. The rest is history.
Give credit where it’s due. That’s all.
(w) Facebook posted dated 20th March 2015 at 12am.
“Ok I’m online hehe Yadra.” Post from another user posted onto his profile as a screenshot.
(x) Facebook post dated 20th March 2015 at 1.45am.
“Ellen Bubu your time’s up...Let’s tell the truth...Truth cannot lie...Plis take me to court and prove it...I will act like you existed it that bad bu.”
(y) Facebook post dated 20th March 2015 at 1.45am.
“The famous high fashion you see in the media only got famous cos I said so she has no class no land no title no truth but she has the connections... Great people I know too but better than her lmao she needs a really check wake up Bubu... Your time is almost over and you need to be NICE just once plisar not a bad person.”
(z) Facebook post dated 20th March 2015 at 9.55pm.
I am getting lots of encouragement, support and thanks for exposing the case of FFW.
Thank you all ...it means a lot.
“Never be afraid to raise your voice for honesty and truth and compassion against injustice and lying and greed. If people all over the world...would do this, it would change the earth.”William Faulkner
(aa) Faceboook post dated 21st March 2015 at 1.17am.
Looking at a video from Fiji Fashion Week and then seeing the same girls in the nude with white men in explicit sexual positions neu neu ...So funny.
Va fancy jiko blurry $5 models.
They aren’t innocent and knows exactly what they are getting up to when the lights go out.
They don’t deserve any sympathy and needs a good whacking with a Sasa broom and especially their pimp Lol
PW1,(the second plaintiff) in evidence in chief said that that she worked for 8 months as the Production Manager of the defendant’s Company “Join the Band”. It was one of the most difficult periods of her life,as she was always insulted by the defendant on her dress and accused that she was taking credit for his show.
She purchased the first plaintiff company from her niece in March,2009. In March, 2015, she heard from her relatives in London that there were nasty messages posted about her on Facebook. She was referred to as “Bubu”-grand-mother. She was absolutely shocked by the messages stating that she was a pimp. She produced the several postings. She said that the postings were incorrect, defamatory and affected her reputation, her good name and that of her family. All the good work she has done for the first plaintiff has been affected. The doubt cast on her integrity is immeasurable. She and her family were infuriated. She was insulted. The damage is irrevocable and no amount of financial award can ever reverse the negative opinion formed by people. There was no evidence to connect the first plaintiff to such activities. She made a complaint to the Police to stop the defendant from posting these communications. The negative postings were an advertising campaign not to buy tickets for Fiji Fashion Week shows. The business of the first plaintiff was affected. Ticket sales dropped from 85,000 in 2014 to 22,000 in 2015.
In cross-examination, PW1 said that the first plaintiff was not a money making organization. It was made possible through sponsorship by corporate organizations, designer fees and sale of tickets. Its models are free agents. They are paid $50 a night, $150 for three nights. Her husband spent FJD$2 million since 2008. PW1 said that she has never received a cent from the second plaintiff. It transpired that she had no evidence to substantiate her assertion that the defendant has been influencing the public not to purchase tickets for Fiji Fashion Week shows.
PW2,(Meliki Temo, Personal Assistant to the second plaintiff) in her evidence in chief said that she had been associated with the first plaintiff since 2008. On reading the comments on Facebook, her understanding was that the first plaintiff was a “breeding ground for prostitutes”.In cross-examination,in answer to Mr Ramanu,counsel for the defendant, she said that she had no evidence to establish that the business of the first plaintiff had been drastically affected with a downfall in the sale of tickets for their shows.
In evidence in chief, DW1,(the defendant) said that when his Facebook friend Joseph Raga, who now resides in Australia made serious accusations of the second plaintiff, the first thing he did was to email the second plaintiff. His primary concern was to expose “what could possibly be happening in Fiji” and the illegal activities involving young vulnerable girls in Fiji. He was merely on a mission to expose what could possibly happen in Fiji and the fashion industry. “Goldilocks”, “Millie” and an anonymous person also sent him messages about the second plaintiff.
He produced a comment made by Gavidi Cakabau on Facebook and photographs of naked girls. He said that he gave a statement to the CID. He asked the CID to investigate the pictures sent by DW2,(Ilaitia Naqau) and a Fiji Times reporter of pictures of naked Fijian girls with white men in compromising situations.
In cross-examination, he said that in the second posting pleaded, he meant that he placed the second plaintiff on the public platform in Fiji and to be known as a public figure. He said that “Bubu” was a term of respect for older people. It was within his rights to post comments on Facebook.
In re-examination, DW1 said that his posting stating that Fiji Fashion Week models were “supposedly connected by FFW Director acting as a pimp” was based on what DW2 had told him.
The evidence of DW2,(Ilaitia Naqau) was that he privately posted a comment and pictures of Fijian girls on Facebook regarding the plaintiffs and Fiji Fashion Week models, in response to the message sent to him by DW1, a face book friend.
The determination
..the claimant bears the burden of proving that the words complained of were read or seen by a third party. From that proposition it would appear to follow that, in the case of an Internet libel, it would be for the claimant to prove that the material in question was accessed and downloaded.
The first plaintiff
The second plaintiff
Hey there are others mailing me saying that what Joseph Raga said about a certain Joseph Raga said about a certain Fashion Figure in Fiji about her being a prostitution pimp in Suva and dealing with Wealthy Businessmen and others could be true.
Joseph said she provides pretty young models from her show for these cashed up clients.
Joseph said his source is one of the Vinod Patel Millionaire people.
(ii) Facebook post dated 18th March 2015 at 5pm produced as “ PE9”.
I HAVE RECEIVED PICTURES OF YOUNG GIRLS (supposedly MODELS FROM FIJI FASHION WEEK)..SOME EXPLICIT IMAGES...
WHO THE ANONYMOUS PERSON WHO SENT THEM TO ME SAID ELLEN WHIPPY FIJI FASHION WEEK DIRECTOR CONNECTED THE GIRLS WITH RICH CLIENTS.
EVIDENCES ARE HERE ALL WE NEED TO DO IS FIND THE GIRLS AND GET THEM TO TESTIFY.
(iii) Facebook post dated 18th March 2015 at 5.09pm. produced as “ PE10”
JUST ANOTHER ANONYMOUS EMAIL ABOUT FIJI FASHION WEEK DIRECTOR.
ANOTHER HAD SENT EXPLICIT PICTURES OF MODELS supposedly FROM FIJI FASHION WEEK ENGAGED IN SEXUAL ACTS WITH WHITE RICH CLIENTS.
PLEASE NOTE ALLEGATIONS HAVE BEEN MADE BY OTHERS AND NOT ME.
(iv) Facebook post dated 18th March 2015 at 5.09pm. produced as “PE11”
Just a preview of pictures sent to me.
These FFW models were supposedly connected by FFW Director acting as a pimp to wealthy clients. As first alleged by Joseph Raga this morning.
Others have come forward and told their stories about dealing with this woman.
Will email her without pictures and confront her about the accusations. These girls will have to be questioned by Police.
Picture has been edited to protect the identity of the girls. BUT TRUST ME THE PICTURES I HAVE ARE QUITE DIRTY FOR F B.
(emphasis added)
Any imputation of conduct considered by right thinking persons to be immoral is necessarily defamatory. It has therefore been held defamatory to publish words to the effect that the plaintiff was a .. pimp..”(footnotes omitted, emphasis added)
In my view the nature of Facebook as a social media platform and its structure mean that anyone posting remarks to a page must appreciate that some degree of dissemination at least, and possibly widespread dissemination, may follow. This is particularly true in the case of the defendant, who had no privacy settings in place and who had more than 2,000 “friends”. The defendant must be taken to have implicitly authorized the republication of her posts. (para 83)
At common law every republication of a libel is a new libel and, if committed by different persons, each one is liable as if the defamatory statement had originated with him. Thus, where A wrote a libellous letter to D, and D republished extracts in a pamphlet, it was held that the fact that the letter was written by A, and that D honestly believed the statements in it to be true, was no defence to an action for such republication. .. The same applies even if it is clear that the defendant is purporting to report what someone else has said: ....This is the “repetition rule”, which:
“reflects a fundamental canon of legal policy in the law of defamation dating back nearly 170 years, that words must be interpreted, and the imputations that they contain justified, by reference to the underlying allegations of fact, and not merely by reliance upon some second-hand report or assertion of them”.(footnotes omitted)
...you cannot escape liability for defamation by putting the libel behind a prefix such as “I have been told that...” or “It is rumoured that ....”, and then asserting that it was true that you had been told or that it was in fact being rumoured. You have
... “to prove that the subject-matter of the rumour was true,”...For the purpose of the law of libel a hearsay statement is the same as a direct statement, and that is all there is to it.
If one repeats a rumour one adds one’s own authority to it and implies that it is well founded, that is to say, that it is true.
Someone’s gonna get hurt real Bad.
So FFW models who don’t make it to New York or Milan gets a millionaire for a few nights for a few $$. Looks like it.
Who’s doing the introductions? This has been going on for a while apparently.
Who’s benefitting $$ wise???
This is more than just two young girls making mistakes.
This is just the tip of the iceberg and we need to get to the bottom of this.
(b) Facebook post dated 18th March 2015 at 2pm. produced as “ PE24”
What we can confirm now by way of pictures evidences that some FFW models have sex with rich white men for free hihi
We cannot prove prostitution but you aren’t dumb it give you that.
The more important question is who is connecting these girls to rich white men???
The testimonies will reveal all and prove this. .(emphasis added)
Q. The Fiji Fashion Week Director you are talking about is Ellen
Whippy Knight. Is that correct?
A. That is correct....
Q. Do you have any evidence where you have seen of Ellen Whippy
giving these young girls to rich white men? Or receiving money ?
A. No. I don’t. I have not made those allegations....
Q. You have seen any photos taken where Ellen Whippy received money
through prostitution?
A. No, Sir...
Q. You cannot prove that models were hired for prostitution? Do you
have evidence that they have sex with rich white men for free as stated
in your posting ?
Q. And then you lastly go on to say the most important question to say is
that who is connecting these girls to rich white men? Right?
Q. You are implying this and I put it to you that you are implying Ms
Ellen Whippy?
A . Sir that is not true. I substantiated my statement to CID. I asked CID
to investigate this as best as they can. So there isn’t a person that I
am implying. There is no implication here. The fact that there are
pictures confirms that there is some activity by FFW models.... That
is a general statement and substantiated by my CID report where I
made a request to them to make an investigation to the bottom of
this...
Q. Did Mr Ilatia(DW2) tell you that the second plaintiff was involved?
The case is valid it shows models who has been positively identified digitally to be of Fiji Fashion Week models. There is no direct accusation on an individual as it was a general request to ascertain the truth by way of investigation. The complainant Emosi Radrodro retrieved electronic links on social media to substantiate his report. There is no direct evidence by the complainant as to have seen or witnessed any incident in this case. All pictures submitted were exhibited for police evidence.(emphasis added)
A.L.B.Brito-Mutunayagam
Judge
18th January,2017
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