由此
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A
B
trade. It acknowledges that “hawala” may be used for both innocent as
well as illegal purposes.
C
D
E
98.
But Section IX §19, through juxtaposition, implies that ARY
or ARY Group companies serve criminal or terrorist clients. The 3rd
A
B
C
D
E
sentence states that criminals and terrorists are the “main patrons” of
F
G
“hawala”. Out of the blue, this is followed by a sentence to the effect that
ARY is the biggest gold dealer in Dubai “with an estimated 45% share of
F
G
the local gold wholesale business, which in 2003 was believed to be in the
H
I
order of $5.87 billion”. There would be little purpose in introducing such
sentence unless the reader was meant to infer that ARY or ARY companies
H
I
provided “hawala” services to criminals and terrorists.
J
J
K
99.
It is true that §19 does not expressly state that ARY or ARY
K
companies wittingly (as opposed to unwittingly) assist illegal operations
L
M
through “hawala”. But it is difficult to resist the conclusion, reading the
Article as a whole, that the reader is meant to draw the conclusion that
L
M
ARY and the ARY companies are complicit in the purported criminal
N
N
activities.
O
O
100.
P
I think that the meaning pleaded in SOC §8(j) are made out in
§19. In my view, the paragraph is defamatory.
Q
Q
101.
R
S
P
There is simply no evidence before the Court to support the
R
allegations raised against ARY and the ARY Group in Section IX. A
responsible editor should have asked to see at least some material justifying
S
the allegations. In the absence of any such reliable material, I do not think
T
T
that the editor could have allowed Section IX §19 to be published.
U
U
V
V
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