Snake Man and Snake Hunter in court tangle over \'defamatory\' posts

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Snake Man and Snake Hunter in court tangle over 'defamatory' posts

Rival snake catchers are locked in a venomous legal duel over Facebook posts that one says implied he was a dishonest reptile handler, trademark infringer and "a violent sex offending rapist".

Mark Pelley, who calls himself The Snake Hunter, has launched defamation proceedings against Raymond Hoser, known as The Snake Man, over several online posts that he claims damaged his reputation.

According to documents lodged in the Victorian County Court in March, Mr Pelley is suing Mr Hoser over seven different publications, beginning with a post on his 'Snakebusters' Facebook business page in April 2018:

"OK everyone, we have a trademark infringing, law-breaking, violent sex offending rapist masquerading as THE SNAKE MAN and SNAKEBUSTERS going to people's homes ostensibly to catch snakes! He was found guilty in the County Court of serious offences on 22 March. Stay tuned for more details!"

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In a subsequent post on the same day, Mr Hoser named Mr Pelley as the person he had referred to and included details of about where Mr Pelley might live, court documents show.

Mr Hoser also included details of "physical and sexual violence" he claimed Mr Pelley had been found guilty of, as well as a threat to take legal action over "non-stop trademark infringement adversely affecting many of our clients".

In other posts on Facebook and his own website, Mr Hoser made further allegations about Mr Pelley's alleged court case and the breaching of his trademarks, including on Google search results.

"If he steals from the SNAKEMAN he will steal from people he visits as well," wrote Mr Hoser in a post shared on a Doreen community Facebook group and detailed in court documents.

In his statement of claim, Mr Pelley said the publications disparaged him personally in the public domain and that the allegations held him up to hatred, contempt and ridicule.

The posts were untrue and conveyed a range of imputations, Mr Pelley claims, including that he was a "court-certified thug", a "trademark infringing violent thief", a "dishonest reptile handler" and a "violent sex offending rapist".

Mr Pelley said Mr Hoser did not contact him before publishing the allegations. He is seeking aggravated damages, stating that Mr Hoser knew the accusations were false and had refused to retract the posts.

"The defendants published the offending words intending thereby to harm the plaintiff in his personal reputation and in his ability to pursue his occupation and otherwise earn a living," the statement of claim says.

In a defence lodged with the court last week, Mr Hoser admitted publishing the posts and claimed that he would seek to prove that they were true.

Mr Hoser submitted that the proceedings had "effectively zero prospect of success" because the allegations had been checked "meticulously" before publication and were in the public interest.

Both Mr Pelley and Mr Hoser are self-represented in the proceedings. They declined to comment.

The matter is due for its first hearing on May 30.

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