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The gagged Sunday Times story

04/29/07

The gagged Sunday Times story

Permalink 10:04:33 am, Categories: Current Events and News, Rant and Rave, 918 words

I hate it when our freedoms are influenced. Mostly that of free speech. A wise man once told me the most important type of speech to allow is that of the type you hate hearing the most. So in good pickledbushman flair, I have decided to post a story that was gagged and not allowed to be displayed in the Sunday Times (even though it is a little boring)... Here it is:

Man sues tycoon wife over 30-year lie

BUDDY NAIDU
29 April 2007

Shattered after learning that he did not father his beloved son

A top commercial photographer is suing his property mogul ex-wife for more than R1-million after she allegedly lied about the paternity of their 30-year old son.

Tomorrow the country's first ever paternity fraud case is scheduled to be heard in the Johannesburg High Court when Ian Difford, 56, takes on his ex-wife, Claire, 54, a celebrity former estate agency boss.

Claire, until recently, was the owner of Claire Difford Investment Properties, which traded in upmarket areas of Johannesburg. She recently sold the business, which boasted elite clients, including the murdered mining magnate Brett Kebble.

In a shocking admission in court papers, Claire, said her ex-husband knew there was a possibility� he was not the natural father as she did not hide the fact.

She had been involved in sexual relations with other men� around the time she had given birth.

According to filed court papers, the couple married in March 1975 and had a son� in December 1976. They also had another daughter in 1985 before their divorced in 1995.

The paper disclosed how the Diffords drew up a detailed settlement agreement to ensure that the needs of the two children were looked after.

But in February 2001, a distraught Ian Difford claims he was informed by his son� that he was, in fact, not his biological father.

The basis of Ian's claim is that his ex-wife wrongfully, unlawfully and fraudulently� lied to him for more than 20 years and, more importantly, to the court during their divorce.

Had he known that the child was not his biological son, he would not have entered into ... the written agreement [or divorce settlement].

He said his ex-wife had then allegedly made financial demands on him based on his supposedly being the natural father to induce him to pay for the son's upbringing, education and all other amenities of life�.

Ian said that after finding out that he was not the father he became estranged� from his son� and experienced emotional hurt and trauma�.

He said that as a result of his ex-wife’s “fraudulent or negligent representations and non-disclosures� it was ascertained that he had spent more than R1-million paying towards the costs of a son he thought was his own.

He has now asked the court to rescind the original divorce settlement, declare that he is not the father of the 30-year-old and order his ex-wife to pay R1-million in damages, with interest, as well as his legal costs.

But in her responding affidavit, Claire insists that Ian knew shortly after the birth “that there was a reasonable possibility that he was not the natural father�, adding that he failed to take any steps to establish whether he was.

She said that even though the child might not have been his, they were married at the time of his birth and therefore “there is no actionable duty in law which would give rise to a claim for damages to recover expenditure�.

She claimed that the court order already in existence — the divorce settlement — ensured her ex-husband’s present claim was “compromised�, “incompetent’ and “if granted will result in two conflicting court orders being in existence�.

She said that while they had had suspicions, she had only discovered that Ian was not the father when blood tests were taken in March 2001. She did not say why the tests were done.

Claire, in turn, is suing her ex-husband for R675 000 for her legal expenses. She further alleges that Ian slapped and swore at her, calling her “a bitch� during an argument at a supermarket in 2002 and is claiming R50 000 in damages.

She also asked the court that, should Difford succeed in his application and the divorce settlement becomes null and void, he provide R4 000 a month to support their daughter as well as pay her other educational costs.

Specialist divorce and criminal lawyer Billy Gundelfinger said: “To the best of my knowledge, this is the first such case in South Africa.�

He said it could also open the floodgates to fraud charges being laid against those perpetrating “parental fraud�.

Professor Karthi Govender of the University of KwaZulu-Natal said the case was a “unique� one.

However, he said it would be difficult to “prove deceit or the intent to deceive�.

He said Difford’s argument was difficult to sustain “especially if he engaged in the full issues of parenting�.

“The courts rule that when you bring up a child there are benefits as a parent.�

Difford refused to comment but his lawyer, Zenwill Lacob, said he was looking forward to finally having his day in court.

“This is a first for SA whereby a paternity fraud matter has been heard by a court...

“South Africa, in a sad kind of way, has now joined the modern world as cases like these are now common in the United States and in England.�

Link to news on the gag: http://www.iol.co.za/index.php?set_id=1&click_id=13&art_id=nw20070429091514260C209815

Permalink 2 comments

Comments:

Comment from: Mandy [Visitor]
Hi Buddy.Please contact me regarding this story.Thanks
Permalink 10/30/07 @ 12:14
Comment from: google nemesis [Visitor]
I don't understand. What didn't they like that they didn't want to publish this article? I don't see anything wrong in it, except that fact that, as you were saying, it is a little boring. In rest, everything is just fine.
Permalink 07/22/08 @ 14:08

This post has 2 feedbacks awaiting moderation...

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