Shire of Dundas spends $4,500 on legal letters to residents over ‘attack’ comments on Facebook

A regional council in Western Australia’s Goldfields has defended spending thousands of dollars to send cease-and-desist letters to residents over critical comments they posted on social media.
Key points:
- The council says the legal action followed four years of insults from a handful of people
- Residents say the letters are an attempt to stifle their freedom of expression
- Dundas is a remote shire of 700 people in in an area seven times bigger than Sydney
King & Wood Mallesons, one of the world’s largest law firms, drafted cease and desist letters on behalf of the Shire of Dundas, demanding Facebook posts be taken down and a written apology provided.
The shire, which has fewer than 700 residents from Norseman to Eucla at the South Australian border, alleges the online comments defame its president Laurene Bonza and chief executive Peter Fitchat.
The letters, one of which was seen by the ABC, were sent to at least three residents.
Pat Smith, 75, received a letter from the shire’s lawyers on July 14.
Ms Smith, who said she was diabetic and did not drive, said she had no intention of apologising.
“It doesn’t make any sense to me. Basically it’s curtailing my freedom of speech,” she said.
“They’ll have hard cheese in getting any damages out of me, because I’m a pensioner and that’s all the income I have.”
Leon Cuso, 71, said he felt equally baffled by the letter he received.
“They want to suppress you talking,” he said.

‘Four years’ of insults
Mr Fitchat defended the decision to spend about $4,500 to engage lawyers and said it was not “vindictive”.
“We are here for the community, but if you are going to attack us on Facebook, well, don’t be surprised if we come for you,” he said.
Mr Fitchat said the council had contemplated involving lawyers for nearly two years before engaging representation.
“It’s been four years of being insulted by a handful of people, and that’s the end of it, no more,” he said.

The Shire of Dundas has been at the centre of controversy recently, with the only GP in Norseman abruptly closing his clinic after a dispute with the council.
The council had refused to meet long-serving GP Graham Rowlands’ request for up to $300,000 in additional locum funding.
A number of Norseman residents blamed the council for the GP’s departure.
“If we have the money, we pay, but we don’t, so we have to consider what we do,” Mr Fitchat said.
Action follows Kalgoorlie-Boulder vote
The legal action follows similar moves in 2019 by the City of Kalgoorlie-Boulder, which voted to allow elected members and staff to access funds for legal action when a constituent’s comment was defamatory and targeted the person.
The council said at the time that the volume of abusive and defamatory comments was escalating and becoming more personal.

Local Government Minister David Michael said councils needed to be prudent in how they spent ratepayers’ money.
“Ratepayer money and spending it well is important,” he said.
“When it comes to legal costs and involving lawyers in matters, sometimes that is unavoidable, but councils should be very prudent as to when that is used.”
Mr Michael did not comment directly on the Norseman dispute, but said if residents were unhappy with the actions of their shire, they could vote for change in October’s local government elections.
Council to seek advice
Mr Fitchat invited the recipients of the legal letters to attend council meetings, urging residents to use official channels, and not Facebook, to voice any complaints.

“We don’t mind the raising of the concerns with the doctor, the IGA and the post office, but we have the big, big problem of being called names,” he said.
“If you want to run the council through Facebook, that’s not going to work.
“If you don’t want to listen and resort to calling people names on Facebook, we’ll use the right way to then stop that.”
Mr Fitchat said if residents did not comply with requests in the legal letters, he would seek further advice, including from the WA Local Government Association (WALGA), before deciding how to proceed.
The ABC has contacted WALGA for comment.
Top CIA agent shared pro-Palestinian to Facebook after Hamas attack: report

A high-ranking CIA official boldly shared multiple pro-Palestinian images on her Facebook page just two weeks after Hamas launched its bloody surprise attack on Israel — while President Biden was touring the Jewish state to pledge the US’s allegiance to the nation.
The CIA’s associate deputy director for analysis changed her cover photo on Oct. 21 to a shot of a man wearing a Palestinian flag around his neck and waving a larger flag, the Financial Times reported.
The image — taken in 2015 during a surge in the long-stemming conflict — has been used in various news stories and pieces criticizing Israel’s role in the violence.
The CIA agent also shared a selfie with a superimposed “Free Palestine” sticker, similar to those being plastered on businesses and public spaces across the nation by protesters calling for a cease-fire.
The Financial Times did not name the official after the intelligence agency expressed concern for her safety.
“The officer is a career analyst with extensive background in all aspects of the Middle East and this post [of the Palestinian flag] was not intended to express a position on the conflict,” a person familiar with the situation told the outlet.
The individual added that the sticker image was initially posted years before the most recent crisis between the two nations and emphasized that the CIA official’s Facebook account was also peppered with posts taking a stand against antisemitism.
The latest post of the man waving the flag, however, was shared as Biden shook hands with Israeli leaders on their own soil in a show of support for the Jewish state in its conflict with the terrorist group.
Biden has staunchly voiced support for the US ally since the Oct. 7 surprise attack that killed more than 1,300 people, making the CIA agent’s posts in dissent an unusual move.
In her role, the associate deputy director is one of three people, including the deputy CIA director, responsible for approving all analyses disseminated inside the agency.
She had also previously overseen the production of the President’s Daily Brief, the highly classified compilation of intelligence that is presented to the president most days, the Financial Times said.
“CIA officers are committed to analytic objectivity, which is at the core of what we do as an agency. CIA officers may have personal views, but this does not lessen their — or CIA’s — commitment to unbiased analysis,” the CIA said in a statement to the outlet.
Follow along with The Post’s live blog for the latest on Hamas’ attack on Israel
Neither the Office of the Director of National Intelligence nor the White House responded to The Post’s request for comment.
All of the official’s pro-Palestinian images and other, unrelated posts have since been deleted, the outlet reported.
The report comes as CIA Director William Burns arrived in Qatar, where he was due to meet with his Israeli and Egyptian counterparts and the Gulf state’s prime minister to discuss the possibility of extending the pause in fighting between Israeli forces and Hamas terrorists in the Gaza Strip for a second time.
Israel and Hamas agreed Monday to an additional two-day pause in fighting, meaning combat would likely resume Thursday morning Israel time if no additional halt is brokered.
Both sides agreed to release a portion of its hostages under the arrangement.
More than 14,000 Palestinians in Gaza, including many women and children, have been killed in the conflict, according to data from the Hamas-controlled Ministry of Health.
Lee Hsien Yang faces damages for defamation against two Singapore ministers over Ridout Road rentals

SINGAPORE — The High Court in Singapore has directed Lee Hsien Yang to pay damages to ministers K. Shanmugam and Vivian Balakrishnan for defamatory statements made in Facebook comments regarding their rental of black-and-white bungalows on Ridout Road.
The court issued a default judgment favouring the two ministers after Lee – the youngest son of Singapore’s founding prime minister Lee Kuan Yew and brother of current Prime Minister Lee Hsien Loong – failed to address the defamation lawsuits brought against him. Lee had, among other claims, insinuated that the ministers engaged in corrupt practices and received preferential treatment from the Singapore Land Authority for their bungalow rentals.
The exact amount of damages will be evaluated in a subsequent hearing.
Restricted from spreading defamatory claims against ministers
Not only did Justice Goh Yi Han grant the default judgment on 2 November, but he also imposed an injunction to prohibit Lee from further circulating false and defamatory allegations.
In a released written judgment on Monday (27 November), the judge highlighted “strong reasons” to believe that Lee might persist in making defamatory statements again, noting his refusal to remove the contentious Facebook post on 23 July, despite receiving a letter of demand from the ministers on 27 July.
Among other things, Lee stated in the post that “two ministers have leased state-owned mansions from the agency that one of them controls, felling trees and getting state-sponsored renovations.”
A report released by the Corrupt Practices Investigation Bureau in June concluded that no wrongdoing or preferential treatment had occurred concerning the two ministers. However, Lee continued referencing this post and the ongoing lawsuits, drawing attention to his remarks under legal scrutiny.
Justice Goh emphasised that the ministers met the prerequisites for a default judgment against Lee. The suits, separately filed by Shanmugam, the Law and Home Affairs Minister, and Dr Balakrishnan, the Foreign Affairs Minister, were initiated in early August.


He failed to respond within 21 days
Lee and his wife, Lee Suet Fern, had left Singapore in July 2022, after declining to attend a police interview for potentially giving false evidence in judicial proceedings over the late Lee Kuan Yew’s will.
His absence from Singapore prompted the court to permit Shanmugam and Dr Balakrishnan to serve him legal documents via Facebook Messenger in mid-September. Despite no requirement for proof that Lee saw these documents, his subsequent social media post on 16 September confirmed his awareness of the served legal papers.
Although Lee had the opportunity to respond within 21 days, he chose not to do so. Additionally, the judge noted the novelty of the ministers’ request for an injunction during this legal process, highlighting updated court rules allowing such measures since April 2022.
Justice Goh clarified that despite the claimants’ application for an injunction, the court needed independent validation for its appropriateness, considering its potentially severe impact on the defendant. He reiterated being satisfied with the circumstances and granted the injunction, given the continued accessibility of the contentious Facebook post.
Lee acknowledges court order and removes allegations from Facebook
Following the court’s decision, Lee acknowledged the court order on 10 November and removed the statements in question from his Facebook page.
In the judgment, Justice Goh noted that there were substantial grounds to anticipate Lee’s repetition of the “defamatory allegations by continuing to draw attention to them and/or publish further defamatory allegations against the claimants.”
The judge mentioned that if Lee had contested the ministers’ claims, there could have been grounds for a legally enforceable case under defamation law.
According to Justice Goh, a reasonable reader would interpret Lee’s Facebook post as insinuating that the People’s Action Party’s trust had been squandered due to the ministers’ alleged corrupt conduct, from which they gained personally.
While Shanmugam and Dr Balakrishnan were not explicitly named, the post made it evident that it referred to them, and these posts remained accessible to the public, as noted by the judge.
Justice Goh pointed out that by choosing not to respond to the lawsuits, Lee prevented the court from considering any opposing evidence related to the claims.
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Tauranga judge orders Team Chopper Facebook pages taken down due to ‘threatening’ online communciations

Helen Fraser’s son Ryan Tarawhiti-Brown with Chopper, the dog at the centre of an attack on Tauranga vet Dr Liza Schneider.
The son of the woman whose Rottweiler dog attacked and seriously injured a Tauranga vet has been ordered to disable two Facebook pages that contained threats towards the vet and her business.
Ryan Tarawhiti-Brown (AKA Ryan Brown) ran and promoted a Facebook page called Team Chopper in support of his mother Helen Fraser’s legal battle to save her dog Chopper.
Chopper was euthanised following a court order handed down on August 21 by Judge David Cameron after he convicted Fraser of being the owner of a dog that attacked and seriously injured Holistic Vets co-owner Dr Liza Schneider.
The attack happened in the carpark of her Fraser St practice on October 14, 2022.
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Schneider was left with serious injuries after Chopper bit her arm, including a broken bone in her forearm, and deep tissue damage and nerve damage.
She required surgery and her arm took several months to heal.
Following Fraser’s conviction, Schneider sought a takedown order after she told the court she and her practice had been the subject of constant online harassment and threats since October 2021.
Schneider said comments posted on the Team Chopper Facebook page included threats, harassment and derogatory and abusive comments.
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In an affidavit, Schneider said her Google account had also been bombarded with fake reviews which she alleged were incited by the Team Chopper page.
Court documents obtained by the Bay of Plenty Times confirm an interim judgment was made by Judge Lance Rowe on August 30 which ordered the page be taken down and any references to Schneider removed. She also asked for a written apology. This order was previously suppressed.
During a second court hearing on October 25, Tarawhiti-Brown’s lawyer Bev Edwards told Judge Cameron it was accepted her client had not complied with this order to take down the page.
Edwards said her client had instead changed the nature of the page to help promote the rights of cats and dogs, and no criticism or abuse of Schneider or Holistic Vets was made by her client in those posts.
Tarawhiti-Brown had filed an affidavit to similar effect, court documents show.
Schneider argued the change in tone had not prevented others from posting derogatory comments about her.
This included posts on September 23, which stated she should be “prosecuted for negligence”, “sucked” at her job and should lose her licence.
Edwards also submitted that Schneider was prepared to use social media to her own advantage when it suited, her and cited an online article published in June.
In Judge Cameron’s written judgement, dated November 13, Tarawhiti-Brown, who lives in Australia, was ordered to immediately disable or take down his two Facebook pages.
The judge ruled the digital communications on the Facebook pages had been “threatening” to Schneider and “amount to harassment of her”, and also caused her “ongoing psychological harm”.
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Judge Cameron also ordered Tarawhiti-Brown to refrain from making any digital communications about Schneider or identifying her or her business directly or indirectly, and not to encourage any other person to do so.
The judge said it was accepted by Schneider removal orders against Facebook/Meta were “fraught with difficulties”, including jurisdictional ones, and discontinued the takedown application against those organisations.
The judge did not order Tarawhiti-Brown to apologise to Schneider and lifted the suppression orders by consent of both parties, who had to pay their own legal costs.
Schneider and the NZ Veterinary Association, which has been supporting her, declined to comment on these court orders.
Tarawhiti-Brown was also approached for comment.
Sandra Conchie is a senior journalist at the Bay of Plenty Times and Rotorua Daily Post who has been a journalist for 24 years. She mainly covers police, court and other justice stories, as well as general news. She has been a Canon Media Awards regional/community reporter of the year.
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