On the fourth anniversary since receiving the letter, I'm sharing it publicly for the first time to highlight the extent to which some paedophiles go to intimidate and control their victims, and ultimately to try to prove their innocence to the world. I'm thankful that I had the strength to stand up to such evil.
15 July 2011
On behalf of our above-named client, we now enclose a Concerns Notice pursuant to the Defamation Act (VIC) 2005.
We await hearing from you within the next 28 days as to whether or not you wish to make any offer to make amends. In the absence thereof, we shall seek instructions from our client as to the commencement of proceedings against you.
This is a Concerns Notice within the meaning of Section 14(2) of the Defamation Act (VIC) 2005 (“the Act”).
The Concerns Notice is issued on behalf of David Cyprys, (“the complainant”) and is addressed to Menachem (“Manny”) Waks (“the publisher”).
The Concerns Notice arises out of the publication by the publisher of an e-mail dated 4 July 2011and titled “Sexual abuse at Yeshivah” and sent to at least 23 persons (“the matter complained of”).
The complainant alleges that the matter complained of is defamatory and alleges that it contains the following imputations or imputations to similar effect:
1. The complainant is being investigated for having committed sexual abuse.
2. The complainant committed sexual abuse.
(“the imputations of concern”)
Pursuant to the section 13 of the Act, the publisher is invited to make an offer to make amends and which must be in the form prescribed by section 15 of the Act.
Any offer to make amends must include the offers set out in sections 15(10(d) – (f) of the Act and may include offers set out in section 15(10(g).
A failure to make an offer to make amends may lead to an order for indemnity costs, upon the successful outcome of Court proceedings, in accordance with section 40 of the Act.
Dated 15 July 2011
Solicitor for the complainant