Elon Musk could face a retrial in his defamation case after a lawyer for the British cave diver he called a ‘pedo guy’ said the jury’s decision was a mistake.
Musk called Vernon Unsworth, 64, a ‘pedo guy’ on Twitter but was yesterday found not liable in the defamation case.
Now, Unsworth’s lawyer Mark Stephens claims the jury came to that conclusion based on the fact that Unsworth’s name was not used in the tweet.
Elon Musk (left) could face a retrial in his defamation case after a lawyer for Vernon Unsworth (right) – the British cave diver he called a ‘pedo guy’ – said the jury’s decision was a mistake
He branded the jury’s decision a mistake which could impact other defamation rulings in the future, The Mirror reports.
Mr Stephens said: ‘That is a serious problem. It doesn’t matter whether you’re a bullying billionaire or a penniless troll, that behaviour is destructive.’
His team aim to file retrial papers by Christmas.
Unsworth previously said he has taken the loss of the court battle ‘on the chin’ and will ‘just have to get on with life’.
However, it hasn’t been determined whether Mr Unsworth will have to pay costs, the extent of which is unknown but could run potentially run well into six figures.
Unsworth has not disclosed if he has taken out insurance against the costs of losing.
The judge is free to make Unsworth pay Musk’s costs but could also rule that Musk has to pay his own after both sides submit documents to the court.
A sketch of Musk as he appeared during the hearing in Los Angeles Federal Court
Unsworth is seen flanked by his lawyers, Mark Stephens (left) and Lin Wood (right) following the verdict
Vernon Unsworth sued the Tesla co-founder for the slur following the July 2018 Thai cave rescue.
On Friday, a federal court in California heard that Unsworth – one of the hero divers who rescued 12 boys and their soccer coach from the cave – was left feeling ‘humiliated, ashamed, [and] dirtied,’ by billionaire’s tweet.
However, a jury sided with Musk after his lawyers argued it was no more than a playground insult and did not represent an actual allegation of pedophilia.
Following news of the verdict, Musk told DailyMail.com: ‘My faith in humanity is restored.’
Unsworth had a different opinion, as he left the courtroom stating: ‘I respect the jury’s decision – unfortunately it didn’t go as I expected.
His British lawyer, Mr Stephens, told DailyMail.com: ‘It’s a pity that a bullying billionaire may be able to cast such a long shadow as this. We came here because Mr Musk said sue or true.’
Mr Stephens continued: ‘We sued today and where we have got to finally is [Musk’s attorney] Alex Spiro, with Mr Musk at his side, admitted that the allegations he made were untrue.’
He added: ‘I hope nobody has to go toe to toe with Mr. Musk again. He’s obviously put a great amount of resources into it.’
Whether Unsworth will have to pay costs will not be decided for some time.
Both sides first have to calculate their costs and submit them to the judge, who will then hold a hearing at a date he has yet to decide.
Seeking $190 million in damages, Unsworth told the court about the emotional distress the slur had caused him
Musk dubbed Unsworth a ‘pedo guy’ on Twitter on 15 July 2018, after Unsworth had gave an interview to CNN in which he was critical of the Tesla co-founder
Musk dubbed Unsworth a ‘pedo guy’ after Unsworth gave an interview to CNN in which he was critical of the Tesla co-founder.
During that TV appearance, Unsworth told hosts that a rescue pod Musk had sent to the Thai cave site to aide in the retrieval of the trapped children was merely a ‘PR stunt’.
Unsworth also added that Musk should ‘stick his submarine where it hurts’.
In response, the furious billionaire shared a string of 15 tweets, one of which included the ‘pedo guy’ slur.
During the defamation proceedings, Musk told the court that he was not implying that Unsworth was an actual ‘pedophile’.
However, Unsworth’s attorney Lin Wood clapped back, saying that most ‘reasonable people’ would believe Musk meant ‘pedophile’ and not just a ‘creepy old man’.
‘His testimony was a lie. And I submit that he was also lying when he subsequently apologized,’ the attorney said.
The hero diver and his attorneys are pictured outside court on Friday
Wood continued: ‘He intentionally, and for his own self purposes, dropped a bomb… a nuclear bomb on Vernon Unsworth. There are people and relationships and situations that will be harmed for decades because of the fallout from that bomb.’
He said the total damages the jury should impose on Musk should be ‘a hard slap on the wrist,’ and put the figure at $190 million. Musk told the court earlier in the week that he did not have much cash.
Wood argued the jury should award his client $5 million in actual damages, $35 million in assumed damage and $150 million in punitive damages – which amounts to the staggering $190 million sum.
Addressing the jury of three men and five women, Wood added: ‘Mr. Unsworth has told you the emotional distress he has in his life and the feelings of concern he has about how the fallout will impact his daughter (24-year-old Danielle). It also impacts his friend, his business colleagues… his whole life and his reputation.
‘Who would plant a bomb like this? It was planted by Elon Musk, a multi-billionaire with $20 billion.’
Cave rescue hero Vernon Unsworth (pictured outside court Tuesday) refused to apologize to Elon Musk for calling the billionaire’s plan to use a mini submarine to save 12 Thai boys trapped in a cave a ‘publicity stunt,’ a court heard on Thursday
Pointing out that Unsworth only makes about $30,000 a year in his job as a financial adviser, Wood said: ‘The law must be obeyed by all, rich and poor alike.’
Calling Unsworth one of the ‘heroes’ who saved the lives of the 12 Thai boys and their coach, Wood told the court that if he found himself in a similar dire situation, trapped in a cave, fearing for his life, ‘I would want to look up and see the faces of Vernon Unsworth and Rick Stanton (the lead diver in the rescue)….I would not want to look up and see the face of Elon Musk.
Wood added: ‘Rick Stanton could not have done his expert job without Vernon Unsworth because Vernon knew the cave and the obstacles that needed to be overcome to save these kids.’
Talking about Musk’s mini-submarine which he proposed as a way to get the stranded boys out of the cave, Wood said the metal tube was tested in clear water in an LA swimming pool, not in the murky waters and rocks facing the cave rescuers.
‘Mr. Musk saw the opportunity to capitalize on the world-wide attention being given to the Thai cave rescue,’ added Wood who said it was not the integrity of Musk’s SpaceX engineers – who designed and built the sub – he was questioning.
‘It’s the motives of Elon Musk I am questioning… attention drives investors.
‘After Musk showed up in his private jet with his tube, his shiny object, he met with the Prime Minister of Thailand – because Elon Musk is one of the most influential people in the world.
‘Then he went to the cave and he went inside to a certain point and brought the tube there…He stepped to the water’s edge and then he left.’
Prince William talked to Unsworth about his lawsuit against Elon Musk when he honored the British cave rescue hero, a court heard Thursday. Unsworth, 64, told the defamation trial in downtown Los Angeles that Prince William spoke with him at Buckingham Palace when presenting him with an MBE in June
A day or two after the rescue, Wood told the jury, Unsworth gave an interview to CNN in which he was asked what he thought of Musk’s mini sub and he responded, ‘He can stick it where it hurts.’
Wood said: ‘He was calling bulls**t on the tube. It was too long, too rigid, it was just a publicity stunt.’
Unsworth’s criticism of the sub was what prompted Musk to call him a ‘pedo’ on Twitter, where the entrepreneur has 22 million followers.
‘How can you accuse someone of being a pedophile when you don’t know anything about them,’ said Wood.
Musk deleted the tweet, issued an apology on Twitter but, added Wood: ‘When Elon Musk tweets something, it goes around the world. You cannot delete that.
‘He was forced to apologize….this was not a genuine apology. He was under pressure from colleagues and Tesla stock. This was an apology of convenience.
‘He could have picked up the phone and called Vernon and said: ‘I’m sorry for calling you “pedo guy” – which can be construed as a pedophile.’
TIMELINE OF THE THAI RESCUE AND MUSK AND UNSWORTH’S DISPUTE
June 23 2018: The boys and their soccer coach become trapped in the caves
July 8: Musk tweets that he is using Tesla engineers to build a ‘kid size’ submarine to try to get them out
The Thai soccer team got lost in caves while exploring and became stuck for days. Musk offered to help and sent a team of Tesla engineers to build a submarine to get them out
July 8 – 10: The boys were rescued gradually in a complex mission involving hundreds of people
July 13: Vernon Unsworth gives a CNN interview where he is asked about Musk’s plan. He calls it a ‘PR stunt’ and says: ‘He can stick it where it hurts’ in reference to the submarine
July 15: Musk tweets calling him a ‘pedo guy’
July 17: Musk apologizes
August 15: Musk hires private investigator James Howard after he got in touch with him saying, in an email: ‘Dear Elon, you may wish to dig deep and look into Mr. Unsworth’s past… no smoke without fire!’
They set about launching their ‘investigation’ but go to great lengths to keep Musk separate from it. In emails, Musk’s associate Jared Birchall carried out their dealings and Musk was referred to as ‘the principle’. He and Birchall never discussed it in writing.
August 28: Musk tweets in response to a follower who accused him of lying about Unsworth: ‘You don’t think it’s strange he hasn’t sued me yet?
August 30: BuzzFeed reporter emails Musk for a comment. He replies saying, among other things, that Unsworth married a ‘child bride’ and inferring that he is a rapist
September 4: BuzzFeed publishes the story
September 5: Private Investigator emails Birchall, Musk’s associate, saying: ‘At no time have have I reported that the target is a child rapist.’
September 17: Unsworth files a lawsuit against Musk