AustonsNostrils
Registered User
- Apr 5, 2016
- 7,409
- 2,533
Judge made a terrible decision here. Now Caryk's character is in question without any validity to the rumors her accuser spread. So really Caryk's only option now is go to after Melinda karlsson, a mother still mourning the death of her infant . What a great position Caryk is in.
Judges aren't free to do what makes sense or what seems right, their job is to follow the law and this case was a non-starter for Caryk because "Anything filed with the court as part of an application for a peace bond is absolutely privileged, meaning it cannot form the basis of any legal proceeding." End of story, the judge had no power to do what Caryk wanted her to do.
If Caryk is innocent of the claims Melinda Karlsson made about her it's unfortunate, it's also unfortunate her lawyer led her down the garden path. The judge told her how she might clear her name, there were 1,000 posts attributed to her on a website/forum which were threatening to Melinda Karlsson. Posts on forums and social media have time stamps and IP addresses of the posting computers/devices. Caryk can get a judge to subpoena the website owner and the ISP to provide the name of the customer who had that IP address at the time the posts were made. If she really is innocent she might get lucky and it turns out the posts were made by Melinda or friends of Melinda's to frame her. At that point she could file a defamation/libel suit for big money. In Canada defamation is a serious criminal charge, I think in the US it's only a civil law thing so no jail involved.
If Caryk doesn't go after the IP addresses it means she knows it won't help because she made those posts. Her fiance Hoffman is rich, he can easily afford the $10K or whatever a good lawyer would charge for that job.