No, EFC are making the allegation. They need to prove what they say. (Bearing in mind, they're only an example, I'm not defending the tweeter)
Obviously, but he's still banned. He's not denying it because it was him. If it wasn't then he'd be up in arms. 'nuff said.
The ban's seperate from the allegation. The specific issue's seperate from the general principles I'm arguing...as I've said earlier.
So Everton are making an allegation of defamation of character against themselves? Everton have made an allegation that the tweets are offensive. That is separate from the defamation of character allegation. That's how I see it.
It's not even a legal issue Carmine, it's a private company banning a customer. It's like the moderators banning AKCJ from using our board, he can't legally challenge the decision because it's not a legal issue.
I know mate, my points have been based on normal legal proceedings which these aren't. I still say Joe Bloggs is making the allegation of defamation of character against EFC and the burden of proof is with him. Anyway, I'm done with this thread. I'm off to discuss sheds.
This is ridiculous. If it did come down to it, there's enough proof on the lad given it's his bloody account, he's responsible for it. If someone had proof you were at a murder scene at the time of a murder, with your fingerprints on the murder weapon and your DNA found on the victim, you'd have pretty strong evidence against you and have to prove your innocence.. Even though you didn't do it and didn't see who did it. Or would the prosecutor have to find clear CCTV evidence of you committing the murder before they could make the allegation?
We need the season to start desperately... you'd think the World Cup might be enough to keep some posters sane over the summer
this has to be THE most boring debate in history ! is this a ****ing Monty python sketch in disguise ?????
You're wrong. The only proof Joe Bloggs needs is that the comment was made (the letter) and that it's defamatory, which it must be as it's the reason they've banned him. The only other query is if it was made to a third party, which it was as it was discussed, and if it was public and it has to be to be enforceable. The burden of proof would be with (in this case) Everton to prove their statement was true. That is basic legal proceedings. As I keep saying, it's not this individual or the Club, it's Everton ffs, who cares what they do? I was simply responding to some wild comments. I do't really see why people see it as so upsetting.