由此
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A
B
(n)
C
118.
A
B
Section XIII
This concludes the Article. The final sentence of the section
C
picks up a theme that runs through the entire Article. The theme is that, but
D
E
F
G
for his wealth and influence (ARY’s “clout – and money – in the emirate
and beyond”), ARY would long have been apprehended by the authorities.
119.
This is essentially the meaning pleaded in SOC §8(l). It is
made out. It is defamatory. It suggests ARY is bribing his way out of
D
E
F
G
being convicted on allegations for which, as far as this Court is concerned,
H
H
there is simply no evidence.
I
I
J
(o)
120.
Summary
J
The Article is written in a tendentious, sensationalist style. It
K
K
attempts to condemn ARY and companies within his group through wild
L
accusations and associations.
There is little (if any) reliable evidence
backing its allegations. Looked on as a whole, the Article is defamatory.
M
N
A.2
Whether qualified privilege
(a)
Q
M
N
O
O
P
L
121.
General remarks
In my view, the defence of qualified privilege is not available
to ATOL. It appears to me to have been grossly negligent in allowing the
P
Q
Article to appear on its website without demanding better quality evidence
R
S
R
substantiating the allegations being levied against ARY and the ARY
Group. I also do not think that ARY was given a fair opportunity to
S
respond to the Article before publication.
T
T
U
U
V
V
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