NSW Police Officer Defamed in Book - Overturn Statutory of Limitations?

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26 June 2017
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During my service in the NSW Police I was charged along with 5 others, with the offence of Conspiracy to Pervert the course of Justice the result of evidence relating to an alibi given at a murder trial. I was terminated and went to trial. I was acquitted. Costs were awarded against the prosecution. I was reinstated back into the NSW Police. Compensation was paid. The others charged, 2 were convicted, the jury was locked on a third. One other was acquitted. Fast forward to the current date.

I recently discover a book published by a major publisher that has written a short story of the incident. The book is widely distributed across the country. I have been referred to as part of a group of 'conspirators'. The book asserts acquittal occurred because one refused to give evidence. That is incorrect. The book is definitely defamatory so far as my case is concerned.

The problem I have is the updated version of this book was published in February 2016. I have only just discovered the content beyond 12 months. I am waiting for the book on order to see if there are any other references.

My question concerns the statute of limitations. Would these circumstances be considered extraordinary to overturn the 12-month limitation? I would be extremely disappointed if the publisher can continue reprinting the book with impunity because of that time limitation.
 

Rod

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27 May 2014
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This period can be extended if you have a good reason for an extension. Your lawyer can help you get past the 12 months period if you did not know about your entry in the book.
 
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26 June 2017
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This period can be extended if you have a good reason for an extension. Your lawyer can help you get past the 12 months period if you did not know about your entry in the book.
Thanks Rod - I'm going to attempt a direct approach to the publisher and authors first before I engage lawyers. I'm gauging the strength of my position by posing the question before I do so.
 

Rod

Lawyer
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27 May 2014
7,820
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Now that you know your name is in the book, do not leave the court action too long (ie less than 12 months) else a court may refuse your application.

Good luck.
 

Karen mcguane

Well-Known Member
14 February 2018
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During my service in the NSW Police I was charged along with 5 others, with the offence of Conspiracy to Pervert the course of Justice the result of evidence relating to an alibi given at a murder trial. I was terminated and went to trial. I was acquitted. Costs were awarded against the prosecution. I was reinstated back into the NSW Police. Compensation was paid. The others charged, 2 were convicted, the jury was locked on a third. One other was acquitted. Fast forward to the current date.

I recently discover a book published by a major publisher that has written a short story of the incident. The book is widely distributed across the country. I have been referred to as part of a group of 'conspirators'. The book asserts acquittal occurred because one refused to give evidence. That is incorrect. The book is definitely defamatory so far as my case is concerned.

The problem I have is the updated version of this book was published in February 2016. I have only just discovered the content beyond 12 months. I am waiting for the book on order to see if there are any other references.

My question concerns the statute of limitations. Would these circumstances be considered extraordinary to overturn the 12-month limitation? I would be extremely disappointed if the publisher can continue reprinting the book with impunity because of that time limitation.