It didn't come to my mind that one day I would have a legal diary.
I could never imagine that I would defend myself one day in court. - August 11, 2019
 

Bijan Ahmadi/ Shahram Tabe + Mehdi Shams Shahram Tabe Mohammadi/Bijan Ahmadi (IC Journal)  4 Applicants/ICC Board

 

Documents

 Notice of Libel and Intended Action

June 25, 2019
This is the first notice I received at the end of June. I didn't take it seriously as Bijan Ahmadi had an easy hand to send letters to people from lawyers. Lawyers say also maybe it is better not to send a letter without consulting a lawyer as what you say may be used against you. But asking a lawyer to write a letter for you may cost a thousand dollars. If this happens to me I would take a risk, I would pay a lot of attention and, I would resolve the issue. 

Statement of Claim

July 22, 2019
I didn't reply to the notice of the intended action. I was served the Statement of Claim on July 23rd or 24th. I didn't write right away the date. this is very important as one has only twenty days to prepare, serve and file the statement of the defence. Twenty days seems long but it is not. Time flies when matters are serious.

Statement of Defence

September 09, 2019

All began in June 2019. I received a Notice of Libel and Intended Action.
She came to my store pages in hand. She asked for Mehdi Shams.
I smiled and asked: "Are You Serving?"
She smiled, handed me what she had in hands.

 

As a son of lawyer who longtime dreamed to become a lawyer I am not impressed, less scared by these kinds of procedures.
But I was a little surprised; although after two other legal actions that recently we are witnessing in our community I expected that this happens also to me.

 

August 15, 5:00 am

-          I don’t have any idea how this diary going to take shape. For now, I just try to put my thoughts in words.

-          I learned not to expect fast results when I work on a collective cause, instead, to have always an eye at myself and see how I change, and mostly how I become a deeper person.

-          I met a few lawyers before I retain Jordan Goldbatt as my legal counsel. I found lawyers are very expensive but hard workers. I asked him an early appointment I was shocked when I heard about 7:30 am.  My two first questions when I met him were if he starts every day so early, and at what time he usually he goes to bed. I can not share his answers without having his written consent and an affidavit that what he said was true. These are things that I am learning from lawyers. It is unbelievable how cautious they are.

 

August 27, 10:13 am

I wonder how the opponent handle three legal suits, involvement in three organizations and on top of that continue to work to make the living. With one lawsuit, the engagement in social life as an individual, an article a week in Shahre-ma publication, and a one-man small business at sixty-eight-year-old my cup is full.

I go to bed early to be able to wake-up in the middle of the night, to study the law, to go through past posts and comments, organize and prepare the requested documents for the lawyer. My partner keeps complaining, she helps me in the preparation of documents, translations and supporting me.

It is natural that my presence on social media is also altered, not only by lack of time, but also by the instructions of the lawyer and friends advising me to keep the head down.

If the purpose of a lawsuit is to silence someone, to add burden and to make life difficult for others, we should admit that this is not fair and ethical even if we have good reasons for revenge.

I should admit and confess that there is a part of this procedure that I enjoy and that I will try to share and pass on to others. When I wasn't aware of their real goals, I helped my opponent to create a strong portfolio, which can be seen in their presentation in the statement of claim. It was a good investment when I see how, beyond their desire and will, I am involved in learning about the law regarding freedom of speech, public figures, journalism privileges, public vs. personal interest, SLAPP (Strategic Lawsuit Against Public Participation) and so many other points. One cannot understand and integrate the value and the meaning of freedom unless one is involved entirely. I understand how some individuals are ready to sacrifice and dedicate their lives for a noble cause.   

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"It takes a long time to learn that a courtroom is the last place in the world for learning the truth." Alice  Koller