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=== Benhayon v Rockett Defamation Trial === {{Quote box |quote = Under cross-examination ... Mr Benhayon had referred to spirits - which he could sense rather than see - being in the courtroom as he gave his evidence. However, he refused the barrister's repeated requests for him to count the spirits, saying he could not break the rule of his soul. |source = Australian Associated Press, October 15, 2018<ref name=":15"/> |width = 25% |align = right }} Benhayon unsuccessfully sued blogger Esther Rockett for defamation in the [[Supreme Court of NSW]] between 2015 and 2018. He claimed social media posts she had made portrayed him as: delusional, dishonest, a sexual predator and the leader of a "socially harmful cult". Rockett had described Benhayon as a "sleazebag guru" and accused him of performing a "sleazy ovarian reading" on her during a treatment session, inappropriately touching her, and engaging in inappropriate conduct towards women. Rockett - a religious studies graduate who studied cults, New Age and eastern religions - argued the defences of truth and honest opinion in connection to her social media postings.<ref name=":13">{{cite news |url=https://www.smh.com.au/national/nsw/spiritual-healer-serge-benhayon-not-a-cult-leader-court-20180904-p501mh.html |title=Spiritual healer Serge Benhayon 'not a cult leader': court |last1=Whitbourn |first1=Michaela |date=2018-09-04 |work=The Sydney Morning Herald |archive-date=2020-07-19 |url-status=live |archive-url=https://archive.today/20200719031924/https://www.smh.com.au/national/nsw/spiritual-healer-serge-benhayon-not-a-cult-leader-court-20180904-p501mh.html |publisher=Fairfax Media |url-access=limited}}</ref><ref name=":11">{{cite news |url=https://www.smh.com.au/national/nsw/self-styled-healer-serge-benhayon-leads-socially-harmful-cult-jury-20181010-p508ux.html |title=Self-styled healer Serge Benhayon leads 'socially harmful cult': jury |last1=Whitbourn |first1=Michaela |date=15 October 2018 |work=The Sydney Morning Herald |archive-url=https://archive.today/20181015092108/https://www.smh.com.au/national/nsw/self-styled-healer-serge-benhayon-leads-socially-harmful-cult-jury-20181010-p508ux.html |archive-date=15 October 2018 |url-status=live |publisher=Fairfax Media |url-access=limited |access-date=15 October 2018}}</ref><ref name="AWW"/> In court Benhayon claimed these portrayals made him feel "raped", saying; "The attempt to demolish my reputation ... you feel raped, you feel you have been stripped".<ref>{{Cite news |url=https://www.theaustralian.com.au/news/healer-felt-raped-when-blog-post-described-him-as-sleazebag-guru-court-hears/news-story/0e851ecff4b8d282cae8772c7272e44d |title=Healer felt 'raped' when blog post described him as 'sleazebag guru', court hears |last=Cornwall |first=Deborah |date=5 September 2018 |work=The Australian |archive-url=https://archive.today/20180905132159/https://www.theaustralian.com.au/news/healer-felt-raped-when-blog-post-described-him-as-sleazebag-guru-court-hears/news-story/0e851ecff4b8d282cae8772c7272e44d |archive-date=5 September 2018 |url-status=dead |publisher=News Corp |url-access=subscription |access-date=17 December 2018}}</ref> Later he stated that he takes the subject of rape very seriously.<ref name="madman">{{Cite web |url=https://www.smh.com.au/national/nsw/spiritual-healer-accuses-barrister-of-trying-to-paint-him-as-madman-20180906-p50267.html |title=Spiritual healer accuses barrister of trying to paint him as 'madman' |last=Whitbourn |first=Michaela |date=6 September 2018 |website=The Sydney Morning Herald |publisher=Fairfax Media |url-access=limited |archive-url=https://archive.today/20190110191810/https://www.smh.com.au/national/nsw/spiritual-healer-accuses-barrister-of-trying-to-paint-him-as-madman-20180906-p50267.html |archive-date=10 January 2019 |url-status=live |access-date=20 December 2018}}</ref> During the 7-week trial, which began in September 2018, Benhayon described himself as a "teacher and practitioner" and also a "business owner". He said his teachings, which are offered as courses, were derived "from the tradition known as the ageless wisdom". He claimed the ageless wisdom had a "very strong lineage that includes the divine messengers", including Hermes, Plato, Pythagoras, Jesus and Muhammad. He told the court that he "had an understanding", which was stronger than a belief, that in one of his many past lives he was Leonardo da Vinci in addition to Pythagoras.<ref name=":13"/><ref name=":14"/><ref name=":16"/> Benhayon told Ms Rockett's barrister, Mr Molomby QC, that he could sense discarnate spirits in the courtroom who were nine feet tall, had no feet, and a "crevasse" where the nose was meant to be. He declined to count them and denied this was because he couldn't really feel their presence, saying "I could [count] if I wanted to but it's not something I practise and it's not something I'm allowed to do".<ref name=":16">{{cite news |url=https://www.buzzfeed.com/lanesainty/serge-benhayon-defamation-spirits-in-the-courtroom |title=This Faith Healer Suing For Defamation Says He's The Reincarnation Of Leonardo Da Vinci |last1=Sainty |first1=Lane |date=5 September 2018 |work=Buzzfeed News}}</ref><ref name=":14"/> Under cross-examination, Benhayon also stated that people who abused their authority - such as dictators and corrupt politicians - are reincarnated as disabled children. He agreed that during a Sacred Esoteric Healing course - level 1, that he had said that the Roman emperor Nero continues to reincarnate as an autistic child, while other authority abusers reincarnate as children with Down syndrome or other disabilities.<ref>{{cite news |url=https://www.newcastleherald.com.au/story/5630505/reincarnation-evidence-given-by-nsw-healer/ |title=Reincarnation evidence given by NSW healer |last1=AAP - Scheikowski |first1=Margaret |date=6 September 2018 |work=Newcastle Herald |publisher=Australian Community Media |location=NSW}}</ref> The four-person jury completed answers to 58 pages of questions, finding in Ms Rockett's favour and against Mr Benhayon. They found it was substantially true to say he led a "socially harmful cult", made "bogus healing claims", "intentionally indecently touched" her and a number of other clients, and as Ms Rockett claimed, that there were "reasonable grounds to believe" Mr Benhayon intentionally sexually preyed upon her and other clients during treatment sessions. It was also found substantially true to say Mr Benhayon "had an "indecent interest in young girls as young as ten whom he causes to stay at his house unaccompanied", "is guilty of inappropriate behaviour with children" and "is dishonest".<ref name=":34">{{Cite news |url=https://www.smh.com.au/national/nsw/cult-leader-used-defamation-case-to-inflict-pain-on-blogger-court-20181206-p50kkh.html |title='Cult leader' used defamation case to inflict pain on blogger: court |last1=Thompson |first1=Angus |last2=Whitbourn |first2=Michaela |date=6 December 2018 |work=The Sydney Morning Herald |url-access=limited |archive-url=https://archive.today/20181206112842/https://www.smh.com.au/national/nsw/cult-leader-used-defamation-case-to-inflict-pain-on-blogger-court-20181206-p50kkh.html |archive-date=6 December 2018 |url-status=live |access-date=27 December 2018}}</ref><ref name=":11"/><ref name=":18"/><ref name=":17">{{Cite web |url=https://www.australiandoctor.com.au/news/jury-declares-universal-medicine-leader-exploitative-charlatan |title=Jury declares Universal Medicine leader an exploitative charlatan |last1=Smith |first1=Paul |last2=Wright |first2=Jocelyn |date=16 October 2018 |website=Australian Doctor |url-access=registration}}</ref><ref name=":01">{{Cite web |url=https://www.caselaw.nsw.gov.au/decision/5c772e44e4b0196eea404c09 |title=Benhayon v Rockett (No 8) [2019] NSWSC 169 |last=Supreme Court of New South Wales |date=6 December 2018 |website=New South Wales Caselaw}} * {{cite web |title=Benhayon v Rockett: Jury's findings of imputations proven true |url=https://i.postimg.cc/fwMwz63X/Truth-summary-Benhayon-v-Rockett-No-8-2019-NSWSC-169-6.jpg?dl=1 |archive-url=https://archive.today/r1Myt/6ce14aa86d0485955c5021315db178e6c455b86a |archive-date=2019-03-06}}{{unreliable source?|date=May 2022}}</ref> The jury found the imputations that he "vilifies people with disabilities", "exploits cancer patients by targeting them to leave him bequests in their wills", "dishonestly promotes fraudulent ideas of karma for self-gain", "denigrates life and glorifies death" and "is a hypocrite because his Esoteric Healing has death as its goal" were also substantially true.<ref name="Echo Oct 2017"/><ref name=":12">{{cite news |url=https://www.northernstar.com.au/news/defamation-loss-for-universal-medicine-founder/3550048/ |title=Spiritual healer 'leader of socially harmful cult': Jury |last=AAP |date=15 October 2018 |work=Northern Star |publisher=News Corp |location=NSW}}</ref><ref name=":15">{{cite news |url=https://www.tenterfieldstar.com.au/story/5702997/defamation-loss-for-nsw-spiritual-healer/ |title=Defamation loss for NSW spiritual healer |last1=AAP - Scheikowski |first1=Margaret |date=15 October 2018 |work=Tenterfield Star |publisher=Australian Community Media}}</ref><ref name=":18"/><ref name=":17"/> The ''Northern Star'' also reported further findings of substantial truth including that "Serge Benhayon engages in inappropriate conduct towards women", "instructed students at Universal Medicine training workshops to touch the genitals of victims of sexual assault", "has engaged in bullying to stop Esther Rockett exposing that he is guilty of inappropriate behaviour with children" and "is not a fit person to hold a Working with Children Certificate".<ref name=":18"/><ref name=":25"/><ref name=":01"/> The jury found imputations that Benhayon was "delusional", had "a propensity to touch girls inappropriately", "groped the genitals of various women under the guise of treating them" or "instilled fear and guilt in children to get them to do his bidding" were not substantially true, instead they were covered by Rockett's defences of honest opinion and qualified privilege.<ref name=":11"/><ref name=":17"/><ref name="Serge_Activity">{{cite news |title=Serge Activity |date=2 November 2018 |work=[[Private Eye]] |issue=1482 |location=UK |pages=17 |url=https://pbs.twimg.com/media/DrEOk03WwAAPLZp.jpg |url-status=live |format=JPG |archive-url=https://archive.today/n51nd/12b7bbde2387a000b15a9a8a626dc32a3a7a2904 |archive-date=2018-11-06}}</ref> Serge Benhayon has denied all allegations of wrongdoing.<ref name=":27"/> The judge declared that Benhayon's failure to accept a settlement offer made early in the proceedings by the defendant was unreasonable, and was quoted as saying that the "unreasonableness of the plaintiff's refusal to accept the offer is illustrated by the apparent appetite for public humiliation of the defendant", and ordered him to pay Rockett's legal costs on an indemnity basis - a higher rate than usually applies.<ref name=":38">{{Cite news |url=https://www.9news.com.au/2019/02/28/16/15/solicitors-for-cult-leader-may-be-probed |title=Solicitors for 'cult leader' may be probed |last=AAP - McPhee |first=Sarah |date=28 February 2019 |website=9 News |location=Australia}}</ref><ref name=":39"/> Benhayon had to pay around $1.2 million to Rockett.<ref name=":45">{{Cite news |url=https://www.northernstar.com.au/news/revealed-bloggers-legal-costs-paid-by-cult-leader/3765570/ |title=The high cost of 'cult' leader's failed defamation case |last=Turner |first=Liana |date=28 June 2019 |website=Northern Star |location=NSW |url-access=subscription}}</ref> Benhayon's Sydney barristers were not criticised for their handling of the case and concluded by informing the court that Benhayon "accepts the analysis of the jury's verdict".<ref name=":34"/><ref name=":35">{{Cite news |url=https://www.northernstar.com.au/news/how-um-leader-twice-rejected-bloggers-settlement-o/3597814/ |title=How UM leader twice rejected blogger's settlement offer |last=Turner |first=Liana |date=10 December 2018 |website=Northern Star |location=NSW |url-access=subscription}}</ref> In addition, during final hearings, [[Julia Lonergan|Justice Lonergan]] criticised Benhayon's [[Mullumbimby]]-based lawyers Universal Law, calling solicitor Paula Fletcher's 31-page legal letter sent to the defendant on the day of Rockett's father's funeral "disgraceful" and "demeaning", saying it contained "personal insults" that were "at best, unprofessional and most discourteous" and "at worst, bullying and harassment".<ref name=":32">{{cite news |url=https://www.buzzfeed.com/lanesainty/serge-benhayon-esther-rockett-costs-defamation |title=A "Cult Leader" Tried To Inflict "Pain" On A Blogger With Expensive Defamation Cases, Court Hears |last1=Sainty |first1=Lane |date=7 December 2018 |work=Buzzfeed News}}</ref><ref>{{Cite news |url=https://www.northernstar.com.au/news/law-firms-demeaning-behaviour-could-spark-action/3660758/ |title=Law firm's 'demeaning' behaviour could spark action |last=Turner |first=Liana |date=1 March 2019 |work=Northern Star |location=NSW |url-access=subscription}}</ref> Lonergan added "there is no place for any such personal remarks and insults in any professional correspondence in legal proceedings" and that the letter "suggests that the solicitor who authored them had a lack of independence from, or objectivity about, the litigation".<ref name=":42">{{Cite news |url=https://www.northernstar.com.au/news/court-to-consider-action-on-cult-founders-lawyer/3694959/ |title=Decision pending on conduct of 'cult' leader's lawyer |last=Turner |first=Liana |date=10 April 2019 |work=Northern Star |publisher=News Corp |location=NSW |url-access=subscription}}</ref><ref name=":39">{{Cite news |url=https://www.smh.com.au/national/nsw/cult-leader-ordered-to-pay-blogger-s-legal-costs-20190228-p510wj.html |title='Cult leader' ordered to pay blogger's legal costs |last=Whitbourn |first=Michaela |date=28 February 2019 |work=The Sydney Morning Herald |url-access=limited |archive-url=https://archive.today/20190228114335/https://www.smh.com.au/national/nsw/cult-leader-ordered-to-pay-blogger-s-legal-costs-20190228-p510wj.html |archive-date=28 February 2019 |url-status=live |access-date=28 February 2019}}</ref> Fletcher's daughter was Benhayon's son's first wife. The judge also commented on other legal demands and machinations from Universal Medicine's legal team regarding a concurrent defamation trial taken out against Rockett in Queensland calling lawyer's actions: "completely preposterous" and "harassment and unreasonable".<ref name=":35"/><ref name=":32"/><ref name=":06">{{Cite web |url=https://www.caselaw.nsw.gov.au/decision/5d12e8c0e4b02a5a800c1eea |title=Benhayon v Rockett (No 10) [2019] NSWSC 792 |last=Supreme Court of New South Wales |date=26 June 2019 |website=www.caselaw.nsw.gov.au |publisher=NSW Caselaw}}</ref> Fletcher also represented UM members and Benhayon associates, Caroline Raphael and the self-"renowned" Ray Karam in those proceedings in the [[Brisbane District Court]]. That case was dismissed.<ref name="costs">{{Cite news |url=https://www.northernstar.com.au/news/um-leader-vs-blogger-final-part-hearing-under-way/3594810/ |title=UM leader should not be punished by costs: Barrister |last=Turner |first=Liana |date=6 December 2018 |work=Northern Star |publisher=News Corp |location=NSW |url-access=subscription}}</ref><ref name=":42"/><ref name=":03"/> The judge referred Fletcher to the NSW Legal Services Commissioner for alleged unsatisfactory professional conduct or professional misconduct.<ref name=":45"/><ref name=":46"/><ref name="lawyers">{{cite news |last=Turner |first=Liana |title='Cult' leader's lawyers may face sanctions |work=Northern Star |publisher=News Corp Australia |url=https://www.northernstar.com.au/news/cult-leaders-lawyer-to-be-referred-to-legal-watchd/3764801/ |url-access=subscription}}</ref> Esther Rockett was bankrupted and made homeless by legal actions initiated by Benhayon and his two associates Raphael and Karam.<ref name=":45"/><ref name=":34"/> In September 2019, Benhayon and seven other UM members published online retractions and apologies for articles written about Rockett and removed the offending online articles. The apologies were published over three UM websites by authors Simon Asquith, Rachel Hall and Serge Benhayon, and by website administrators Alison Greig, Jonathan Baldwin, Desiree Delaloye, Ray Karam and Isabella Benhayon.<ref name=":08">{{Cite news |url=https://www.northernstar.com.au/news/cult-leader-issues-unreserved-apology-to-blogger/3832455/ |title='Cult' leader issues 'unreserved' apology to blogger |last=Turner |first=Liana |date=17 September 2019 |work=Northern Star |location=NSW}}</ref>
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