Casey v Flanagan [2011] QCAT 320

CITATION: Casey v Flanagan [2011] QCAT 320 PARTIES: Gladys Ann Casey v Paul St Clair Flanagan APPLICATION NUMBER: ADL102-10 MATTER TYPE: Anti-discrimination matters HEARING DATE: 21 and 22 June 2011 HEARD AT: Brisbane DECISION OF: R M Clifford, Member DELIVERED ON: 8 July 2011 DELIVERED AT: Brisbane ORDERS MADE: 1. Paul St Clair Flanagan pay Gladys Ann Casey the sum of $5,000.00 for unlawful discrimination within 60 days from the date of this Order. 2. Gladys Ann Casey supply Paul St Clair Flanagan her banking details within 21 days from the date of this Order. 3. Each party bear their own costs. CATCHWORDS: Sexual harassment – racial vilification – requesting or encouraging others to contravene the Act – public act – CB Radio Anti-Discrimination Act 1991 Briginshaw and Briginshaw (1938) 60 CLR 336 applied APPEARANCES and REPRESENTATION (if any): APPLICANT: Self-represented RESPONDENT: Self-represented -- 1 of 12 -- 2 REASONS FOR DECISION Background [1] The Applicant, Gladys Casey is a 65 year old woman from the former Yugoslavia and speaks with a strong accent. Ms Casey has worked in the security industry and been a regular user of UHF/CB Radio, Channel 7 for many years. [2] The Respondent, Paul Flanagan owns a security business and has also been a user of UHF/CB Radio, Channel 7 for many years. In the past Mr Flanagan has employed Ms Casey and her son in his business. [3] Ms Casey essentially claims, amongst other things, that around 2008 she became aware that Mr Flanagan had been referring to her a „wog‟, „dago‟, „truckie slut‟ and „crack whore‟ over the CB Radio. Ms Casey states she started to record the CB Radio conversations around December 2008 and on 16 December 2008 Mr Flanagan was issued with a Peace and Good Behaviour Order through the Magistrates Court1 for a period of two years. [4] Around September 2009 Ms Casey sought to bring an application for an alleged breach of the Order claiming Mr Flanagan, amongst other things, sexually harassed her on the CB Radio and encouraged others to sexually harass and racially vilify her by use of similar derogatory words. Ms Casey further claims Mr Flanagan encouraged others to take photographs or video-record her movements and to post these on the CB Radio Channel 7 website and Youtube. [5] It appears the alleged breach application did not proceed, however, Ms Casey lodged a complaint with the Anti-Discrimination Commission on 23 September 2009 based on these new allegations and the allegations subject of the Peace and Good Behaviour Order. [6] The complaint against Mr Flanagan was unable to be conciliated at the Commission. The matter was subsequently referred to this Tribunal for determination. Evidence [7] Gladys Casey at hearing gave testimony that she has known Mr Flanagan for many years and that she and her son had worked for Mr Flanagan in his security business at various times. [8] Ms Casey states that the conduct of which she is complaining started after Mr Flanagan and her son had a falling out. [9] Ms Casey states it was sometime in 2008 her friend, Belinda Munday another user of CB Radio, told her Mr Flanagan was referring to her as „wog, „dago‟ and „sl.t‟. Ms Casey states when she heard the comments for herself she went to the Police. Ms Casey states after that she started recording some of the conversations on her small hand held Sony tape- recorder or Samsung mobile phone which she then copied to a disc. 1 Exhibit 6. -- 2 of 12 -- 3 [10] Ms Casey states she made an application for a Peace and Good Behaviour Order against Mr Flanagan based on these conversations. Ms Casey states the application was contested at a full day hearing and the Magistrate, after hearing recordings provided by her and Mr Flanagan, issued an Order against Mr Flanagan on 16 December 2008 for a period of 2 years2. [11] Ms Casey states after that hearing Mr Flanagan was heard to announce on CB Radio something to the effect that as Ms Casey has got the Order and the Magistrate told her to stay off the CB Radio to give her „as much sh.t as you like‟3. [12] Ms Casey states she continued to record various CB Radio conversations after the Order and transcribed some of these conversations by hand.4 [13] Ms Casey states sometime after the Order a large truck with two men pulled up at her address asking for sex. Ms Casey states the men, after inquiring about her age, advised her there was a sign at the BP truck station in Archerfield advising drivers to go to Ms Casey‟s address if they wanted sex. Ms Casey stated the men suggested Mr Flanagan put it up and when they left they indicated they were going to go and bash him up. [14] Ms Casey claims Mr Flanagan‟s friends, and in particular Chris Blume, continued to broadcast her address on the CB Radio as a place to obtain sex and to sexually harass and racially vilify her5. [15] Ms Casey states she continued to receive telephone calls requesting sex. [16] Ms Casey claims Mr Flanagan‟s friends, Chris Blume and Glenn Muter have photographed and video-recorded her and her family, including her young granddaughter, and posted the pictures and recordings on either the CB Radio Channel 7 website or on Youtube.6 [17] Ms Casey states following these events she made an application for an alleged breach of the Peace and Good Behaviour Order but this application did not proceed. Ms Casey states after some legal advice she made a complaint to the Anti-Discrimination Commission, Queensland. [18] Belinda Munday, known as „Bindi‟ on CB Radio, gave a Statutory Declaration7 and testified at this hearing that she started using the CB Radio in 2006 when she was bed-ridden for a long period with an injury. [19] Ms Munday states she heard Mr Flanagan on the CB Radio abuse Ms Casey referring to her as an „import‟, „wog‟, dago‟ or „crack wh.re‟ and telling her to „go home‟. Ms Munday states she heard Ms Casey respond by complaining to Mr Flanagan and telling him she would go to the Police. [20] Ms Munday states she has never heard Ms Casey speak abusively to others on the CB Radio. 2 Exhibit 6. 3 Exhibit 4. 4 Exhibits 1, 2, 3. 5 Exhibits 1, 2. 6 Exhibits 10, 11. 7 Exhibit 4. -- 3 of 12 -- 4 [21] Ms Munday described the accepted culture of CB Radio as being one that is sometimes funny and at times aggressive. Ms Munday states users regularly abuse each other with bad language and others join in and all laugh about it. Ms Munday states she also gives as good as she gets and engaged with this type of conversation with Mr Flanagan. Ms Munday states many users disguise their voices when making comments they don‟t wish to be associated with. [22] Ms Munday states the conversations she heard in reference to Ms Casey were on different days, sometimes during the day and were more frequent prior to the Order in December 2008. [23] Ms Munday states around 6.00pm on the day of the Court Order she heard Mr Flanagan tell others on the CB Radio to give Ms Casey as much sh.t as you like. [24] Ms Munday states she has seen photographs and video recordings of Ms Casey on the CB Radio Channel 7 website and Youtube and saw Glenn Muter video-recording her and Ms Casey whilst they were having lunch. [25] Ms Munday states during a recent conversation between Mr Flanagan and Mr Blume a muffled voice said, in reference to Ms Casey, she was an „ugly mutt and sucks c..ks‟. Ms Munday believes that voice was Mr Flanagan. [26] Paul Flanagan gave a statement8 and oral testimony. [27] Mr Flanagan states he owns a security business and has known Ms Casey and her son for many years. Mr Flanagan confirms that Ms Casey and her son have worked for him at various periods in the past and that he had a personal falling out with Ms Casey‟s son around 2008. [28] In oral testimony Mr Flanagan confirms that a large part of the CB Radio users culture is abusive and that many people disguise their voices so not to be recognised. [29] Mr Flanagan denies he has sexually harassed or racially vilified Ms Casey or requested or encouraged others to do so9. Mr Flanagan says he has not spoken to or about Ms Casey since the Order of 16 December 2008. [30] In oral testimony Mr Flanagan states the Peace and Good Behaviour Order was issued against him because he admitted he had broadcasted on CB Radio the details of Ms Casey‟s address and had referred to her as an „import‟. Mr Flanagan claims the use of the word „import‟ isn‟t offensive and referred to a newspaper article to support his view10. Mr Flanagan states he could not remember if he provided any recordings during the Magistrate Court proceedings but states he believes he would not have done so. [31] Mr Flanagan states since 2009 he has been to local Court three times because of this matter and it was thrown out11. 8 Exhibit 5. 9 Exhibit 5. 10 Exhibit 7. 11 Exhibit 5. -- 4 of 12 -- 5 [32] Mr Flanagan states he and his friends have been threatened by Ms Casey‟s friends, including Belinda Munday, and that Ms Casey continues to complain to Police that he has organised his friends to do things to her.12 Mr Flanagan states he is the one being harassed and that Ms Casey always thinks everyone is talking about her on the CB Radio when it is not the case. [33] Mr Flanagan generally accepts the hand written transcripts13 as the type of conversations that took place however, he states that he was not referring to Ms Casey in some,14 but rather a relative of Chris Blume with whom he was having problems with; or he denies that he said the words transcribed; or if they were made they where not in relation to Ms Casey; or other people were making the comments not him. [34] Kerrie Haines, partner of Chris Blume and known as „little M‟ on CB Radio, gave a statement15 and oral testimony. [35] Ms Haines states she has a radio in every room of her house and has known of Ms Casey for around four years. Ms Haines states she has never heard Mr Flanagan refer to the words attributed to him by Ms Casey and has never done anything against Ms Casey on Mr Flanagan‟s behalf. [36] Ms Haines states about a year ago Ms Munday on CB Radio threatened to bash her kids heads into the gutter and in response Ms Casey said “I‟ll do it”. [37] Christopher Blume, known on CB Radio as either „Blue‟, „Chris Blue‟ or „612-Blue‟, gave a statement 16 and oral testimony. [38] Mr Blume states he came to know Mr Flanagan and Ms Casey through the CB Radio over 12 years ago. [39] Mr Blume states he got Ms Casey‟s details from her son around 2005 so that he could broadcast them when she was carrying on over the radio. Mr Blume states this was done so he could get her to shut up and stop talking over people making the channel unusable. [40] Mr Blume states he has never heard Mr Flanagan refer to the words attributed to him by Ms Casey and has never done anything against Ms Casey on Mr Flanagan‟s behalf and that Mr Flanagan has told him to stay well away from Ms Casey. [41] Mr Blume denies he has ever sent people to Ms Casey‟s house for sex or referred to her as a „sl.t‟. [42] Mr Blume confirmed he encouraged his 4 year old daughter to say words like „dago‟ or ‟wog‟ as it was common use on the CB Radio. [43] Mr Blume states Ms Casey‟s friends have threatened him and his family and that around 2 years ago when someone on the CB Radio threatened his kids Ms Casey said in response when they are finished she‟ll be next. 12 Exhibit 5. 13 Exhibits 1, 2, 3. 14 Exhibit 1 p.1. 15 Exhibit 8. 16 Exhibit 12. -- 5 of 12 -- 6 [44] Mr Blume states he did not post any of the photographs of Ms Casey on the website but he did „link‟ them from another website to the CB Radio Channel 7 website17. Mr Blume denies he has seen or posted a photograph of Ms Casey‟s granddaughter on the web. [45] Mr Blume states he does not know who posted the recording entitled „hello gadget‟18 on his Youtube account because he gave other people his password sometime ago when they did not have accounts. [46] Glenn Muter, known on CB Radio as „Gadget‟, gave a statement19 and oral testimony. [47] Mr Muter states he has known of Ms Casey through CB Radio for around 10 years. Mr Muter states he has known Mr Flanagan for about 15 years, has worked for him in the past, the last time some months ago and remains available for casual work. [48] Mr Muter states he has never heard Mr Flanagan refer to the words attributed to him by Ms Casey and has never done anything against Ms Casey on Mr Flanagan‟s behalf. [49] Mr Muter states he got Ms Casey‟s details from her son who had told him she wouldn‟t listen to his advise about making false accusations and threatening legal action. [50] Mr Muter states Ms Casey is annoying on the CB radio, waffling, butting-in, making unrelated quotations, threatening legal action and taking complaints to the human rights commission. [51] Mr Muter states he has heard friends of Ms Casey‟s make threats against others many times. [52] Mr Muter confirms he has taken many audio and video-recordings of Ms Casey because of her threats of legal action against everyone. Mr Muter denies he has ever taken a photograph of Ms Casey‟s granddaughter. Mr Muter claims his recordings demonstrate Ms Casey as being untruthful and abusive20. [53] Mr Muter confirms he recorded the „Hello gadget‟ video, which is a recording of Ms Casey driving her car. Mr Muter states he has no idea how it came to be posted on Mr Blume‟s Youtube account. [54] Mr Muter concedes he referred to Ms Casey as a „Gypsy‟ because of her travelling around, but denies he has ever referred to her as „trailer trash‟ or „import‟. Legislation and issues [55] The Anti-Discrimination Act 1991 of Queensland prohibits sexual harassment 21 and describes sexual harassment, amongst others things, 17 Exhibit 11. 18 Exhibit 10. 19 Exhibit 13. 20 Exhibit 13. 21 Anti-Discrimination Act 1991, s 118. -- 6 of 12 -- 7 as making a remark with sexual connotations, or engaging in any unwelcome conduct of a sexual nature with the intention of offending, humiliating or intimidating the other person in circumstances where a reasonable person would have anticipated the other person would have been offended, humiliated or intimidated.22 The Act also outlines the relevant circumstances in determining whether a reasonable person would have anticipated the possibility that the other person would be offended, humiliated or intimidated and these include such attributes as the sex, age and race of the other person23. [56] The Anti-Discrimination Act 1991 also prohibits vilification on the grounds of race and states it is unlawful for a person by a public act, to incite hatred towards, serious contempt for, or severe ridicule of, a person on the ground of the persons race amongst other personal attributes. The Act provides a defence in specific circumstances such as academic or artistic purposes.24 [57] Furthermore, the Anti-Discrimination Act 1991 prohibits a person from requesting or encouraging another person to contravene the Act and if the other person acts or attempts to act on the request or encouragement they can be jointly liable for the contravention and a proceeding under the Act may be taken against either or both25. [58] The issues in this case are whether Mr Flanagan sexually harassed or racially vilified Ms Casey, or whether he requested or encouraged others to do so. [59] The standard of proof required to support a claim in discrimination is not as high as the standard of proof of „beyond reasonable doubt‟ in criminal matters. The „civil standard‟ requires the complainant to prove that on the „balance of probabilities‟ the respondent contravened the Act26. [60] The High Court case of Briginshaw is the leading case concerning the „civil standard of proof‟. In that matter the judges variously said, the decision maker must, on hearing the evidence and in consideration of the seriousness and gravity of the case, be „reasonably satisfied‟, or „feel an actual persuasion‟ or feel „comfortably satisfied‟ they have reached a correct and just conclusion.27 Findings [61] Ms Casey, Mr Flanagan and the witnesses have known each other for many years either through their use of UHF/CB Radio Channel 7 or through the security business. 22 Anti-Discrimination Act 1991, s 119. 23 Anti-Discrimination Act 1991, s 120. 24 Anti-Discrimination Act 1991, s 124A. 25 Anti-Discrimination Act 1991, ss 122, 123. 26 Anti-Discrimination Act 1991, s 204. 27 Briginshaw v Briginshaw (1938) 60 CLR 336 at 361. -- 7 of 12 -- 8 [62] Ms Casey is known to be interruptive and annoying in her conversations on the CB Radio by generally talking over others and butting in on other peoples‟ conversations. [63] The culture of the CB Radio conversations between the parties, witnesses and other users is carried out in an abusive tone with racially vilifying and sexually harassing words and connotations even to the extent one witness encourages his 4 year old daughter to use racially vilifying words. [64] Whilst many users find this exchange amusing and join in, many users disguise or muffle their voices to avoid identification when being abusive. [65] All the parties and witnesses hold firm views in relation to various alleged words, actions or behaviours of each other. Each claim to have various audio recordings of each other. Many of these allegations are outside this Tribunal‟s jurisdiction and authority. [66] In 2008 Mr Flanagan had a personal falling out with Ms Casey‟s son. [67] Following this falling out Ms Casey became the subject of racially vilifying and sexually harassing conversations between Mr Flanagan and some of his fellow CB Radio users. Ms Casey‟s address was broadcast across the network as a place to go for sex. [68] Ms Casey quickly took action by way of an application for a Peace and Good Behaviour Order against Mr Flanagan to put a stop to these remarks and the broadcasting of her address. [69] Ultimately an Order was issued against Mr Flanagan for a period of 2 years on 16 December 2008. [70] Mr Flanagan‟s denial he racially vilified or sexually harassed Ms Casey is difficult to accept. Mr Flanagan‟s explanation to this Tribunal that the basis of the Order was only that he admitted to the Court that he had broadcast Ms Casey‟s address and used the word „import‟ to describe her selective in its use. The matter was fully heard for a whole day and Mr Flanagan on his own account could not remember if he had provided any recordings to the Court during the proceeding. This lapse in memory on such a pertinent piece of evidence is surprising given the intensity of this dispute. [71] Furthermore, the Peace and Good Behaviour Order was issued for a period of 2 years and is suggestive, notwithstanding the level of apprehension a person may feel from a public broadcast of one‟s address, that there were issues of concern beyond those to which Mr Flanagan stated to this Tribunal he had admitted. [72] Even so, racial vilification, along with other forms of vilification or discrimination must always be considered in context. Words such as „import‟ used on its own may equate to racial vilification/severe ridicule based on race when the context in which it is used is hostile, aggressive or abusive exchanges. [73] The context of these allegations, even on Mr Flanagan‟s own account of the culture of CB Radio use, and his general acceptance of the hand written transcriptions of conversations between him and his witness friends -- 8 of 12 -- 9 indicate conversations were of a highly racially and sexually abusive nature. [74] Although Ms Casey found it difficult to present her case in a logical manner, and became easily distracted and unfocused at hearing, she remained consistent, with her claims Mr Flanagan had referred to her as a „wog‟, „dago‟ or „import‟ along with „crack wh.re‟ or „sl.t‟. At hearing Ms Casey was clearly upset and offended by such terms. [75] Ms Munday supports Ms Casey‟s claims and I accept Ms Munday‟s testimony in regards to these allegations. I found Ms Munday was candid in her description of the abusive CB Radio culture and did not shy away or deny she was part of that culture. Ms Munday stated she gave as good as she got and engaged in that type of conversation with Mr Flanagan. Mr Flanagan did not dispute this description. [76] Ms Haines, Mr Blume and Mr Muter on the other hand testified that they had never heard Mr Flanagan use these words in relation to Ms Casey. I consider these testimonies lacking credibility given the accepted culture of CB Radio users generally, the intense level of use of CB Radio by the three with Mr Flanagan and Mr Flanagan‟s relative age and leadership position as a businessman and sometime employer within this grouping. I also find Mr Blume‟s and Mr Muter‟s testimony lacking logic for reasons discussed further below. [77] On the basis of the above findings I am comfortably satisfied Mr Flanagan severely ridiculed Ms Casey because of her race and sexually harassed her with the intention to humiliate or intimidate her. Furthermore, given Ms Casey‟s sex, race and age, along with her interruptive nature on the CB Radio, I am satisfied Mr Flanagan would have anticipated Ms Casey would be so offended, humiliated or intimidated. [78] Ms Casey claims Mr Flanagan requested or encouraged others to contravene the Act. Mr Flanagan denies this claim. Ms Munday however, testified that around 6.00pm on the day the Order was issued she heard Mr Flanagan on CB Radio encourage others to give Ms Casey „sh.t‟ as Ms Casey had got the Order and the Magistrate had told Ms Casey to stay off the CB Radio. I again accept Ms Munday‟s testimony in regards to this conversation as I have already found Ms Munday was candid in her description of CB Radio culture and did not shy away from her part in it. Furthermore, Ms Munday did concede that abusive comments about Ms Casey by Mr Flanagan decreased after the Order. [79] Mr Flanagan sought to explain that there was some confusion over whether he said the Order was against him or Ms Casey. Although I accept there may have been some confusion around the Order this is not particularly relevant to whether he requested or encouraged others to contravene the Act. [80] Mr Flanagan also sought to explain that the hand written transcript comments „stir her up‟ and „get a video and put on the website‟, attributed to him were in reference to a family member of Mr Blume‟s with whom Mr Blume was having problems. I don‟t accept this explanation. That part of the hand written transcript clearly indicates that exchange commenced -- 9 of 12 -- 10 with Mr Blume saying „Gladys has a new car‟ and Mr Flanagan follows with the above comments. Moreover, a video of Ms Casey in her car was recorded by Mr Muter and appeared on Mr Blume‟s Youtube account. [81] Although the comments do not specifically encourage Mr Blume to contravene the Anti-Discrimination Act 1991 I am satisfied that those words and those made directly after the Court case were sufficient to encourage behaviour towards Ms Casey in the manner that had occurred previously. Based on the accepted culture CB Radio users need little encouragement to join in and become abusive to each other as well as others. [82] Furthermore, the hand written transcripts which outline Mr Flanagan‟s witness friends in conversation with each other or with Mr Flanagan, and which Mr Flanagan generally accepted, demonstrate Mr Blume in particular, continued to broadcast Ms Casey‟s address as a place for sex and referred to her in a sexually harassing and racially vilifying manner. These transcripts also demonstrate that there was much conversation about Mr Muter video-recording Ms Casey at certain locations. [83] I also found both Mr Blume‟s and Mr Muter‟s evidence about the posting of Mr Muter‟s video recording „hello gadget‟ on Chris Blume‟s Youtube account beyond logic. [84] Mr Muter clearly stated he video recorded Ms Casey in her car because of threats of legal action. However, he testifies in action against Mr Flanagan, that he has no idea how his own video recording of Ms Casey found its way onto Chris Blume‟s Youtube account. Although video- recording someone in their car is not in itself unlawful under the Anti- Discrimination Act 1991 it has to be considered in the whole context of the allegations and in relation to Mr Muter‟s credibility as a witness. Mr Muter‟s denial about this issue impacts negatively on his overall credibility. [85] Likewise, Mr Blume testified he did not post any photographs of Ms Casey on the website only that he „linked‟ photographs from another website to the CB Radio Channel 7 website. Mr Blume also testified he did not know who posted Mr Muter‟s video recording „hello gadget‟ on his Youtube account. Given these witnesses are well acquainted with each other and both appear as witnesses for Mr Flanagan this denial seriously undermines Mr Blume‟s credibility. [86] Given the above, I am reasonably satisfied that Mr Flanagan encouraged others, either intentionally or unintentionally, others to contravene the Anti- Discrimination Act 1991. Damages and loss [87] Ms Casey claims that the unlawful sexual harassment and racial vilification has caused her stress. Ms Casey claims compensation for: a) 2 years loss of wages; b) medical costs; c) pain and suffering; -- 10 of 12 -- 11 d) public apology. [88] Mr Flanagan disputes Ms Casey is entitled to any compensation. Mr Flanagan states Ms Casey‟s WorkCover certificates and medical assessment clearly record that Ms Casey‟s work stress and anxiety related to abuse and harassment by her co-workers.28 [89] Mr Flanagan believes he should be compensated for the stress he‟s suffered and his costs covered for putting his case together, for parking fees and costs for his witnesses. [90] Mr Flanagan offered an apology to Ms Casey for any stress he may have caused. Mr Flanagan stated he would like to draw a line in the sand and move forward. Conclusion [91] Although the unlawful harassment and vilification by Mr Flanagan did not occur in an employment situation, if Ms Casey had provided evidence that the stress caused by the unlawful acts of Mr Flanagan impacted on her work detrimentally to cause her loss I would be prepared to consider it. However, Ms Casey‟s WorkCover Certificates indicate that the stress and anxiety she experienced at work related to issues with co-workers and thus appear unrelated to any actions of Mr Flanagan. I therefore make no Order for compensation in regards to economic loss. [92] Ms Casey did not provide any evidence relating to any medical costs she may have incurred. I make no Order for compensation in that regard. [93] Ms Casey provided little evidence in relation to the pain and suffering she experienced. However, in her oral testimony and her letter to the Tribunal of 14 November 201029 Ms Casey states she has suffered an enormous amount of stress, anxiety, sleep deprivation and humiliation. Although it appears Ms Casey had concurrent issues with co-workers I accept that Ms Casey has suffered pain and humiliation in relation to the unlawful acts of Mr Flanagan. Ms Casey was upset at hearing, and on the general findings I accept her oral testimony without the need for more formal and/or corroborating evidence. Ms Casey asks the Tribunal to consider what it thinks is appropriate. [94] In the circumstances I Order that Paul Flanagan pays Gladys Casey the sum of $5,000.00 for the pain and suffering she experienced from the unlawful discrimination within 60 days from the date of this Order. [95] I Direct that Gladys Casey supply Paul Flanagan her banking details within 21 days from the date of this Order. [96] At the conclusion of the hearing Mr Flanagan offered Ms Casey an apology for any stress he has caused her and further stated that he would like to draw a line in the sand and move forward. Given the hearing was open to the public and these reasons for decision will be published I am 28 Exhibit 15. 29 Exhibit 9. -- 11 of 12 -- 12 satisfied that this sufficiently covers the issue of public apology and make no further Order in that regard. [97] Each party was self-represented and witnesses attended on their own accord. I Order that each party bear their own costs. -- 12 of 12 --