Musk to testify in own defence in defamation trial, his lawyer says
Plaintiff attorney L. Lin Wood
Tesla Inc's chief executive, ElonMusk, willtestifyinhisowndefenceagainst adefamationlawsuit brought by a British cave explorer,Musk'slawyersaid on Monday in USDistrict Court in Los Angeles.
Vernon Unsworth is suingMuskfor calling him a "pedo guy."Muskposted the tweet after Unsworth accusedMuskin a CNN interview of grandstanding by offering to help Unsworth's diving team rescue 12 boys and their soccer coach from a Thailand cave in July 2018.
"Evidence is going to be through MrMusk(testifying) that in fact, MrMuskdidn't call him a paedophile. MrMuskdeleted the tweet, apologised and moved on," Alexander Spiro,Musk’s attorney, told the court.
There was no sign either side was interested in settling the case before atrialscheduled to begin on December3 in the Los Angeles federal court.
Unsworth will alsotestify, saidhisattorney, LLin Wood. He will provide evidence of damages by “talking abouthisworries,hisanxieties,hisconcern by being branded a paedophile,” Wood told the court.
USDistrict Judge Stephen Wilson called for the second day of pretrialhearings on Tuesday to thrash out what evidence can be used in next week's civiltrial.
Last week, Wilson rejectedMusk's attempt to have the lawsuit dismissed and also ruled that Unsworth was not a public figure - which makes it easier to provedefamation.
Unsworth can now win if he shows thatMuskacted negligently when makinghiscomments.
Muskhad argued that Unsworth became a public figure because ofhishelp with the high-profile rescue and needed to prove "actual malice."
Muskhas apologized for the "pedo guy" comment, saying it was a common insult in South Africa where he was raised, and that he did not intend to accuse Unsworth of paedophilia.
Unsworth has denied the allegations and has said he had shared a house in the Thailand countryside with a 40-year-old woman whoowned a nail salon.
The dispute between the two men arose after the search team decided not to use a mini-submarine offered byMusk's SpaceX rocket company to help with the rescue. Unsworth told CNN that the offer was a "PR stunt" and thatMuskcould "stickhissubmarine where it hurts."
Unsworth is seeking compensatory and punitive damages.
Muskrecently settled a USSecurities and Exchange Commission lawsuit overhisTwitter use.
The case is Unsworth vMusk, USDistrict Court, Central District of California, Number18-08048.