Elon Musk WILL go to trial for calling hero Brit ‘paedo guy’ when he saved Thai cave boys as billionaire’s sued for £57k
BILLIONAIRE Elon Musk's "paedo" and "child rapist" slurs against British Thai cave hero Vernon Unsworth WILL go to trial.
A US judge in Los Angeles has rejected an attempt by the eccentric tech guru to dismiss the diver's £57,000 defamation lawsuit.
On Monday, LA district judge Stephen Wilson said a jury would decide whether the Tesla CEO's remarks about Unsworth were defamatory, reports .
The spat spiralled when 12 boys and their footie coach were incredibly rescued from a flooded Thai cave by more than 90 divers - including seven Brits - last summer.
It turned out to be one of the most dangerous rescues in history.
Unsworth, a hero who helped with the perilous underwater rescue, annoyed the Tesla CEO after he mocked his suggestion to use a mini-sub in the rescue as a publicity stunt.
He suggested Musk, 48, should "stick his submarine where it hurts” on July 13 last year.
ALLEGATIONS DENIED
The billionaire then lashed out, calling Unsworth a "pedo guy" in a tweet, which he later deleted. He also labelled the cave diver a "child rapist" in a rambling email to reporters.
Pedo is an American spelling of the word paedo, short for paedophile.
These slurs prompted the diver, a 64-year-old financial broker from St Albans in Hertfordshire, to launch multiple lawsuits.
Unsworth, who denies Musk's allegations, sued him for defamation.
The Press Association reported in September that Musk said he never intended to accuse the Brit of paedophilia, arguing he was instead suggesting he was a “creepy old man”.
Lawyers acting on behalf of Musk have now argued the term “pedo guy” was not an accusation of being a paedophile.
There's no evidence Mr Musk intended or believed his tweets, that Mr Unsworth was ‘sus’ or ‘pedo guy’, would be interpreted as fact
Elon Musk's lawyer
In documents submitted in a California court, lawyers said “pedo guy” was a “common insult” used during Musk’s upbringing in South Africa and he thought it was synonymous with “creepy old man” and “aimed at insulting one’s appearance and demeanour”.
His lawyers added: “There is no evidence that Mr Musk intended or believed that his July 15 tweets, that Mr Unsworth was ‘sus’ or ‘pedo guy’, would be interpreted as fact.
“To the contrary, the evidence is that Mr Musk believed and intended his statements to be read as what they were: bare insults.”
Musk had sent additional tweets after the “pedo guy” post, including one saying he would bet someone a “signed dollar” the alleged accusation was true.
NO EVIDENCE
The lawsuit also revealed Musk hired a private investigator to probe Unsworth’s background.
While it's not clear whether Musk could have settled the matter out of court, reports that, in his deposition, he admitted that an allegation about Unsworth being a "child rapist" were false.
That claim was provided by a self-styled private investigator who was unable to provide him with firm evidence, according to Musk's August 22, 2019 deposition.
His lawyers argued his "pedo guy" tweet cannot be defamatory because the statement was not made with “malice”, a requirement of the US constitution’s First Amendment.
Unsworth is suing for at least £57,000 (US$75,000), according to his lawsuit, plus unspecified punitive damages.
The Brit has been exploring and mapping caves in Thailand for the past eight years.
In June he was made an MBE for his service to cave diving.
The defamation trial is scheduled for December 2 in LA - where Musk lives.
Thailand recently marked one year since the last of the boys was brought out alive.
