A Fife mum’s Facebook account being deleted is not cause for a court order to be revoked, a sheriff has ruled.
Mum-of-seven Niki Caira is being sued for £75,000 by prominent Fife housebuilder Alex Penman who claims she has made defamatory comments on her Facebook profile.
They related to a new build home being constructed within “touching distance” of her house in Thornton. Ms Caira denies making the allegedly defamatory comments.
Deleting Facebook not enough
At today’s hearing Mrs Caira asked Sheriff Ian Anderson to remove two interim interdicts – temporary orders made at a previous court hearing.
One prevents her from making defamatory statements about former Raith Rovers chairman Alex Penman.
Mrs Caira’s representative in court, Carolann Curran, said the order was “excessive and redundant” as her client’s Facebook account is now deleted.
Responding, Mr Penman’s solicitor Robert MacDonald said: “I can’t see how that interdict being in place should cause the defendant any difficulty at all.
“It’s not the sort of thing she should be saying on any platform.”
Sheriff Anderson said the fact Mrs Caira’s Facebook account has been deleted had no bearing on the order.
He said: “She’s ordered by the court not to say that the pursuer has been bribing Fife Council. Until matters are decided, she is not to say that.
“The order isn’t redundant unless there’s a change of circumstances in which the court would have to accept there was compelling evidence of bribery.
“Without that, the pursuer is entitled to the interim protection of the order. The order is not about Facebook.”
Mrs Caira also asked for the other interim interdict to be removed.
It prevents her, or her husband Mario, from trespassing on the neighbouring property and interfering with its construction, marketing or sales.
A banner protesting the development – which stated, “How will you get in your back door when our windows are open?”- has been taken town.
However, this motion was also unsuccessful. The sheriff said the Cairas would be responsible for the expenses of the motions.
What has led to the court action?
Two £350,000 new builds are being erected next to Ms Caira’s home on Low Road, Thornton.
The gap between the new build and the Caira family home is around 125 centimetres.
Ms Caira has questioned why the planning application by KJJ Properties Ltd was approved and took to Facebook to draw attention to her cause and express her frustration about the situation.
She was then sued by Mr Penman, who accused her of “defamatory statements and innuendo” in relation to remarks made regarding the planning application to Fife Council.
She has previously described the order as an attempt to shut down her freedom of speech.
When the defamation case last called on August 9, Sheriff Anderson urged the parties to undertake a mediation process.
Today’s hearing heard that mediation had not taken place.
Ms Curran told the sheriff: “At the last hearing you helpfully suggested mediation. We put this to the pursuer who rejected it out of hand.”
Mr Penman’s solicitor Robert MacDonald told The Courier that his client had made an offer to Mrs Caira to resolve the defamation proceedings against her, which, if accepted, would have ended the litigation.
He said: “That offer wasn’t acceptable to her however, and my client didn’t consider that mediation was likely in all the circumstances to be successful.”
The case will next call on October 11.
