The Province

They are ‘cowards’

DEFAMATION TRIAL: Hearing halted as defendants decline to testify

- DAN FUMANO THE PROVINCE dfumano@theprovinc­e.com twitter.com/fumano

Vancouver entreprene­ur Altaf Nazerali arrived at B.C. Supreme Court in Vancouver Monday fully prepared to take on his accusers who claimed he was linked to al-Qaida, the Mafia, Colombian drug cartels and arms dealers.

His scheduled day of reckoning arrived almost four years after the sensationa­l characteri­zations appeared on deepcaptur­e.com, a U.S. blog that purports to expose financial fraud, corruption and conspiraci­es around the world.

But the people behind the articles, including Patrick Byrne, the CEO of U.S.-based internatio­nal online retailer Overstock.com, and primary author Mark Mitchell, did not take the stand.

A third defendant, Judson Bagley, an Overstock employee with a record for drug prescripti­on fraud, was also a no show.

Instead, their lawyer Roger McConchie told B.C. Supreme Court Justice Kenneth Affleck that no witnesses nor evidence would be called to defend the suit brought by Nazerali, effectivel­y shutting down the trial until final submission­s are heard.

Instead, their lawyer Roger McConchie told B.C. Supreme Court Justice Kenneth Affleck that no witnesses nor evidence would be called to defend the suit brought by Nazerali, effectivel­y shutting down the trial until final submission­s are heard.

The dramatic twist, which took all of two minutes, was contrary to the online bravado displayed by the defendants in defence of their claims about Nazerali.

“They said they will go a few rounds in court to prove their point … but they are acting like cowards now and won’t take the stand,” Nazerali said outside court.

Nazerali said he filed the lawsuit against Overstock, Byrne, Mitchell and Bagley to protect his reputation against stories containing “terrible and utterly false” allegation­s about him.

Last Wednesday, after Nazerali’s lawyer Daniel Burnett finished presenting evidence, Stephen Schachter, a lawyer for Overstock, introduced a motion to dismiss the case against his client, arguing the plaintiff had not presented evidence to support a claim against the company.

Affleck dismissed the motion, meaning Overstock.com, Inc. would remain as a co-defendant.

According to statements filed with U.S. regulators, Overstock had revenues of about $1.5 billion US last year.

Byrne, the CEO of Overstock and founder of Deep Capture, has been an outspoken and sometimes controvers­ial figure.

The Overstock website says Byrne “is often in the news regarding his efforts to curtail injustice.”

A 2006 New York Times column described Byrne as a “menace,” saying “he bullies and taunts and goads the small handful of reporters who dare to write about Overstock, making it clear that there will be a price to be paid for tackling the company or its chief executive.”

The defamation trial is now adjourned until September for final submission­s, after which time the judge will render a decision.

 ?? ARLEN REDEKOP/PNG FILES ?? Vancouver businessma­n Altaf Nazerali’s defamation lawsuit has been adjourned until September after his accusers — including Patrick Byrne, the CEO of Overstock.com — failed to appear in B.C. Supreme Court in Vancouver on Monday.
ARLEN REDEKOP/PNG FILES Vancouver businessma­n Altaf Nazerali’s defamation lawsuit has been adjourned until September after his accusers — including Patrick Byrne, the CEO of Overstock.com — failed to appear in B.C. Supreme Court in Vancouver on Monday.

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