Update: Tim Ball’s Huge Courtroom Win, Now Targets Michael Mann
Written by PSI Staff
Skeptic climatologist, Dr Tim Ball – after his sensational courtroom victory over UN IPCC junk scientist and British Columbia Green Party Leader – now targets climate fraudster, Michael ‘hockey stick’ Mann. [Editor: Please DONATE today. We set up and coordinated Tim Ball’s legal defense fund and anticipate the need for your further support – see *APPEAL below this article]
Dr Ball writes:
I am extremely grateful for the judgment of a complete dismissal in the lawsuit brought against me by Andrew Weaver. It is a victory for free speech and a blow against the use of the law to silence people. As with all events, there is so much more that rarely receives attention yet is essential to understanding and improving conditions in the future.
While I savor the victory, people need to know that it was the second of three lawsuits all from the same lawyer, Roger McConchie, in Vancouver on behalf of members of the Intergovernmental Panel on Climate Change (IPCC).
The first lawsuit was brought by Gordon McBean. In 1985, when he was Assistant Deputy Minister of Environment Canada he chaired the founding meeting of the IPCC in Villach Austria. My wife and I decided we could not afford to defend the case and so I withdrew the publication. This, in my opinion, achieved the objective of the lawsuit that many call SLAPP (Strategic Lawsuits Against Public Participation). All the lawsuits were filed in the Supreme Court of British Columbia. BC had anti-SLAPP but for some unknown reason, it was withdrawn through legislation. The anti-SLAPP legislation is spreading as politicians and lawyers realize the dangers in using the law designed to protect people by silencing them. Eight of the other ten Canadian Provinces have anti-SLAPP legislation.
The second lawsuit was filed on behalf of Andrew Weaver. At the time he was a professor of computer modelling at the University of Victoria and author on four of the IPCC Science Reports (1995, 2001, 2007, 2013). After filing the lawsuit, he was elected to the BC Legislative Assembly as a member of the Green Party. He later was re-elected as the leader of the BC Green Party.
Nine days after receiving the Weaver lawsuit I gave a public presentation in Winnipeg, including an explanation of the “hockey stick.” Afterward, I was interviewed by the Frontier Centre, and they published my flippant comment about the juxtaposition of Mann’s location. Within 24 hours I received the third lawsuit. That case was scheduled for trial on February 20, 2017, but after six years Mann sought an adjournment. We are now trying to get the case back into court. It was incorrectly reported that Mann was in contempt of court for failing to produce documents. He did not produce the documents, but he is only in contempt of the court when they so rule. That is part of what we will pursue now the Weaver trial is finished. How quickly that will proceed is hard to know because I understand Weaver is going to file an appeal.
The Weaver defamation case involved an article I wrote saying that the IPCC had diverted almost all climate research funding and scientific investigation to anthropogenic global warming (AGW). This meant that there was virtually no advance in the wider understanding of climate and climate change. I referenced an interview with Weaver and attempts by a student to arrange a debate. I made comments that were not fully substantiated, so they became the base of the defamation lawsuit. Meanwhile, Weaver’s lawyer arranged with the publisher of Canada Free Press (CFP) to print an apology he had written. I never knew about that until after it was printed. As a result, I withdrew all my articles on file with CFP and did not send them anything else.
I contacted a lawyer, Michael Scherr of Pearlman Lindholm to defend myself against the case. He wrote a letter withdrawing and apologizing for the unsubstantiated comment but not the main thrust of the article. Apparently, that was insufficient for Weaver because he continued the lawsuit. He did not call a single witness to the trial. It lasted three weeks, and the judge allowed witness statements into the record without objection from Weaver. On Tuesday, February 13 the judgement was released with the ruling that all claims against me were dismissed. The judgment is available on line, so I will not influence anyone’s view by commenting here.
Defeating Michael ‘hockey stick’ Mann
I am meeting with my lawyer next week to reactivate the Michael Mann trial as soon as possible. We will discuss costs but cannot do anything until the Appeals procedure is over. I can tell you I am overwhelmed by the financial and support from around the world. The sort of comment that is particularly encouraging is a variation of Voltaire’s comment that I don’t necessarily agree with you, but you must have the right to say it. Of course, Voltaire understood the station because he also said what I discovered “It is dangerous to be right in matters where men in authority are wrong.”
The judgment is online here: http://www.courts.gov.bc.ca/jdb-txt/sc/18/02/2018BCSC0205.htm
* AN APPEAL
Dr Ball is succeeding in his courtroom battles thanks to massive worldwide grassroots support. Tim Ball’s Legal Defense Fund was set up and coordinated by friend and colleague, John O’Sullivan. But both men recognise the war against junk science goes on.
Growing public consciousness is of a self-serving establishment (the ‘consensus’) that has for decades ignored or subverted the traditional scientific method (as extolled by Karl Popper) against the interests of the majority. Whether motivated by political, ideological or financial inducements, this elite acts to chill dissent among independent scientists.
In 2011 anticipating further such battles Ball, O’Sullivan and their colleagues co-founded Principia Scientific International (PSI) for the specific purpose of supporting fellow embattled scientists upholding the traditional scientific method (e.g.transparency, openness & verifiability)
Ongoing and further misuse of the media and courts is of grave concern to us. Please help us to help other abused scientists by giving generously via the DONATE button on the right of this page. Remember, PSI is legally registered in the UK as non-profit and all monies given are used solely in defending science.
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