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Reactivating accusation after it was withdrawn?

  • 09-10-2011 10:19pm
    #1
    kaji
    Registered Users, Registered Users 2 Posts: 646 ✭✭✭


    -edit-


Comments

  • #2
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    No and it's too late for you to sue for slander which you probably should have done at the time.


  • #3
    kaji
    Registered Users, Registered Users 2 Posts: 646 ✭✭✭kaji


    Thats good so. I still have the letter signed by the person apologising to me. I just want to dump it and move on but am worried that it could come up again and that I'd have no proof, should I keep it?


  • #4
    BrianD
    Closed Accounts Posts: 7,221 ✭✭✭BrianD


    File it away. I would hold on to and any other docs from the company regarding the episode.


  • #5
    kaji
    Registered Users, Registered Users 2 Posts: 646 ✭✭✭kaji


    Do I need to get any special copies made by a solicitor or is the original fine? I think I'll scan it and save it electronically too.


  • #6
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    kaji wrote: »
    Do I need to get any special copies made by a solicitor or is the original fine?

    There's absolutely nothing to achieve by paying a solicitor to make a 'special' copy.
    kaji wrote: »
    I told a few close friends. I feel like this is the most foolish thing I've ever done. One of them is not so close now and always seems to bring it up when others are around (people that don't know about it), and tries to pass it off as true (in a joking manner).

    You let the genie out the bottle so you'll have to establish a tactic to deal with the situation if it comes up in conversation. No point in sitting there feeling sorry for yourself so if I was you I'd firmly remind the people present that the accusation was withdrawn in writing and you'd like to leave it at that.

    The accusation was made so if someone states this (not that you did what you were alleged to have done, just the fact that you were accused of it) as a fact there isn't much you can do about it because as a statement of fact it's true.

    What you have to do is make sure that the conversation doesn't drift off into a discussion about whether the accusation was true or not and you have to deal with that situation depending on the circumstances and who is present.
    kaji wrote: »
    This is just me wanting to educate myself and know how the law can help me.

    The law can't really do anything for you unless the original accuser repeats the accusation or a third party (in the presence of others) suggests that the original accusation was true. Anyone who stands up and says that you were once accused of xxx is telling the truth and under S.16 of the Defamation Act 2009 they have the 'defence of truth' meaning that you have no possibility of a case against them for defamation which has replaced slander and libel in Irish law.

    16.— (1) It shall be a defence (to be known and in this Act referred to as the “ defence of truth ”) to a defamation action for the defendant to prove that the statement in respect of which the action was brought is true in all material respects.

    http://www.irishstatutebook.ie/2009/en/act/pub/0031/sec0016.html#sec16


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