the court order

It has come to my attention that in his usual fashion Alan Murphy is misleading his remaining supporters about the outcome of the defamation suit between us. He claims that he merely backed down over his defamatory claims concerning his former girlfriend, in order to preserve her feelings (bit late to become considerate, after publicising her psychiatric history) - concealing that he made other, more important concessions.

Furthermore he claims that I am infringing on a clause in the settlement by publicising its terms.

So, I here give the text of the order, to put to rest any doubts.

"In the Magistrates' Court (Durban), case no 20906/05
In the matter between
Michael Graaf (Plaintiff)
and
Alan Murphy (Defendant)
Consent Order
1.
The Defendant will pay to the plaintiff the sum of R16000 (sixteen thousand rand)...
[specifications of timing of payments]
2.
2.1 The Defendant acknowledges that the statements made by him, referred to in paragraphs 3 and 5 of the Plaintiff's particulars of claim cannot be supported by reliable evidence and he withdraws such statements.
2.2 The Defendant does not contest the statements made by the Plaintiff in the press and on the internet, upon which the Defendant's counter-claims are based.
3.
The Plaintiff will not make any unwarranted defamatory statements in respect of the Defendant in the future.
4.
The above arrangements are made in full and final settlement of the claims between the parties under the above case number, which are hereby withdrawn."

update

PRESS RELEASE

Milestone court order as former EcoPeace councillors settle defamation suit.

In his heyday, ex-Councillor Alan Murphy threatened both the Speaker of the Council and the City Manager with defamation suits, but in a settlement endorsed by the Durban Magistrate's Court today he not only conceded to defaming another former councillor, but accepted that “defamatory” criticisms made of him were defensible on a factual basis . He had been accused of financial mismanagement, subverting the constitution of his organisation, purging his critics from the group, and betraying electoral promises. Murphy also agreed to pay costs and an amount in damages to former councillor Michael Graaf.

Graaf said he regretted that the matter had had to play out in this way. “In his letter purporting to expel me from EcoPeace, Alan reserved the right to involve me in a reconciliation process at his own discretion. Despite the recommendations of a special meeting of EcoPeace held under a High Court order, and despite what he has told his remaining followers, he has taken no steps in this direction. Four years on, the ball remains in his court.

“Now that I have won this settlement, I again urge him to come clean. 'The truth shall set you free'".