Smith v Baker, Summary Judgement on the Counterclaim! MHN Wins. Devastation for David Hencke, Mark Watts and Sonia Poulton

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Esther Baker has lost her claim over articles that meant (as the court found) that she is depraved, stalked a child abuse victim for years, is a racist stalker worse than most other racist stalkers, tried to undermine a paedophile priest’s criminal conviction, told deliberate and malicious lies on Twitter for the purpose of raising money under false pretences, has made numerous unfounded allegations of sexual abuse, children are being abused by paedophiles because money and police resources have been used up by Ms Baker’s groundless allegations instead of being available to protect them and that it is possible that some of these children have been raped as a result.

In 2020 I filed a lawsuit against Esther Baker for libel and harassment. I won, and she agreed to be restrained for life after her defences of Truth and Public Interest were struck out. That court order is here. However, a counterclaim by Baker against MHN editor Sam Smith continued. Now, in a judgement today of Mr Justice Griffiths, that too has been defeated after your author applied for strike-out and / or summary judgement. The case is over. Esther Baker loses. MHN editor Sam Smith wins. The result is a devastating humiliation for fringe journalists like Mark Watts, Sonia Poulton and David Hencke who have given her account credence over the years.

The result is also a vindication for victims of Baker like former MP John Hemming, Darren Laverty and Simon Just of Real Troll Exposure.  Each of these men has been subjected to substantial police involvement over the years due to Esther Baker’s false allegations. Now her supporters must suffer the consequences.

Baker and her supporters were cock-a-hoop earlier this year when Mr Justice Griffiths held that previous articles on this blog had defamatory meanings. Now, in today’s judgement the same judge has found that those meanings have been successfully defended, including via a defence of Truth –

“94. For these reasons, I am satisfied under CPR 3.9 that Ms Baker’s statements of case disclose no reasonable grounds for bringing the claim, that her statements of case are an abuse of the court’s process and are likely to obstruct the just disposal of the proceedings, and that they fail to comply with the requirements of Practice Direction 53B and the Griffiths Order. I am also satisfied under CPR 24 that Ms Baker has no real prospect of succeeding on her claims and there is no other compelling reason why the case should be disposed of at a trial.”

Furthermore, these are not mere technical findings because Baker failed to comply with court rules. The judge found that, had she complied and filed paperwork on time, she would still most likely have lost and had no realistic prospect of defeating my defence of Truth. As an example, Baker was suing me for saying that her mental illness caused her untrue allegations of child abuse. However, a medical report she had filed in other proceedings stated that she had decided to participate in IICSA (the Independent Inquiry into Child Sexual Abuse), because a voice in her head told her to. The evidence was simply overwhelming. She conceded her mental illness in her draft reply and told the judge at the hearing about the voices in her head.

It is also worth mentioning that before judgement, at several stages, I gave Baker the option to drop her counterclaim with no further order for costs. She was not forced to bring this – it was her claim. No one used expensive lawyers, I am a law graduate and I defended myself. Baker had many warnings. Hard working judges, High Court Master Lisa Sullivan and High Court Judge Martin Griffiths, both gave Baker many chances to correct her pleadings and reply coherently to my defence of Truth. They gave detailed judgements and guidance on what steps Baker should take. They made express allowances for Baker’s mental disabilities. Baker failed to follow the rules in the case she brought and had the opportunity to drop.

There are a lot of meanings spread across eleven articles. The meanings that have now been defended ought to devastate Baker’s reputation, shame her supporters and Staffordshire Police.

The imputations defended are as follows, in the judge’s words cut-and-paste from the judgement on meaning. Because there were 11 articles, some are repetitive or overlapping. Each meaning has a shield next to them to show they have been successfully defended in court and can be relied upon by readers –

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Smith v Baker: Judgement Update

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Esther Baker was been handed a life-long restraining Order by Mrs Justice Steyn over her allegations against John Hemming. She agreed to lifelong restraint for her allegations against me.

The latest judgement in the turgid saga of Smith v Baker is out on BAILII. As readers will remember, I sued Esther Baker and most of her defence, as well as much of the counterclaim, has been struck out. She settled in a lifetime restraining agreement – a Tomlin Order, and I am still receiving my costs back in monthly instalments via High Court Enforcement Officers (High Court bailiffs basically). Some of the counterclaim limps on. There has been a favourable judgement on meaning. Judgement here.

By way of explanation, there is often a dispute in libel claims about meaning. The Claimant wants the court to find there were really damaging claims. The Defendant, that the claims held weaker meanings, or to find meanings that are easier to defend as Truth, Honest Opinion and so forth. So in this case the judge had a pre-trial held by written submissions, to decide meaning, what were allegations of meaning and fact, and what was defamatory at common law (i.e. what might be harmful).

Baker wanted some strong meanings. She did not get the. For example, about publication 1 (still up here) – one meaning she wanted was to say she was violent,

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County Court Restrains Esther Baker for Racist Stalking, High Court Makes Further Strike Out Order

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[UPDATE – 17 August 2022. Esther Baker sued over this article in High Court Case QB-2020-001013. She lost. The court granted both summary judgement and strike-out finding the claim had no realistic prospect of success. No other person mentioned sued and the time limit has elapsed. Judgement here. My follow-up article here. This article has been added to the “DEFENDED!” category and readers may rely on it.]

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Esther Baker has been handed another life-long restraining Order, this time by the County Court, for racist harassment of a proven child abuse victim. She was also ordered to pay £12,500 damages.

Last week on Thursday 30th January 2020, there was a hearing in Baker v Hemming. Three more passages of Esther Baker’s defamation claim were struck out, after she tried to include further allegations that Hemming raped her. The judge removed these sentences because Baker’s allegations of rape have already been ruled untrue. Meanwhile, MHN is finally able to report on a County Court judgement made late last year in which Baker was made subject to a lifelong restraining Order and damages for multiple counts of stalking, including racist stalking, of a proven child abuse victim who cannot be named for legal reasons.

Readers will be familiar with disturbing news personality Esther Baker. Like Carl Beech, Baker made untrue allegations. Specifically, she alleged that she was raped by (then MP) John Hemming. By Order and Reasons of 19th November 2019 (sealed 20th), High Court Judge Mrs Justice Steyn ruled that they were untrue, there was no public interest in repeating them and restrained Baker for life from doing so. The only outstanding legal question is whether Baker lied and whether she Perverted the Course of Justice, as opposed to (for example) making an innocent mistake.

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The Judge Mrs Justice Steyn has made very clear that Esther Baker’s allegations are untrue and defamatory. MHN underlining.

Last year, much of Baker’s libel claim against former MP John Hemming was struck out and she lost the counterclaim, as set out in my article of the time and my follow-up article when the Order was made. Last week on Thursday 30th January 2020, there was another application. Baker had put in a revised version of her Reply to Defence in what remains of her claim. She had also put in a Part 18 Response. Shortly afterwards Baker faced an application to strike out the claim.

The same week MHN also obtained the complete transcript of judgement in a harassment case against Baker that took place last year. Your author has wanted to write about this for a long time but has been waiting for the official transcript of the judgement. Esther Baker was sued in the County Court by a child abuse victim. They have anonymity, so I will be blocking out their name, sex, location and the names of any lawyers from the judgement extracts.

However, MHN can reveal that Baker has been successfully sued under the Protection from Harassment Act 1997 – anti-stalking legislation – for a years long campaign of racist stalking against a proven child abuse victim. The judge ruled on 20 allegations and found 16 to be true. Multiple counts were expressly found to be racist. Baker had caused the child abuse victim psychiatric injury.

The judge expressly accepted counsel for the victim’s argument that, “the Defendant’s conduct is vindictive, obsessive and unpredictable and that it has been particularly malevolent”.

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Staffordshire Police, Esther Baker and DCS Javid Oomer – His Career and Reputation on the Line?

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[UPDATE – 17 August 2022. Esther Baker sued over this article in High Court Case QB-2020-001013. She lost. The court granted both summary judgement and strike-out finding the claim had no realistic prospect of success. No other person mentioned sued and the time limit has elapsed. Judgement here. My follow-up article here. This article has been added to the “DEFENDED!” category and readers may rely on it.]

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Detective Chief Superintendent Javid Oomer – Career at Risk?

Staffordshire Police believe Esther Baker is a criminal. Recently, I reported some of her Twitter posts as harassment directed at myself and (indirectly) former MP John Hemming. Upon review, a crime number was assigned which can only happen if an officer considers on balance of probabilities that an offence was committed (police email below). I am far from the only complainant, with far more serious allegations outstanding. How is it that Baker has not yet been interviewed over the many allegations against her?

Last week the BBC reported (archive) that Staffordshire police are conducting an ongoing investigation into Baker over the far more serious allegations of Perverting the Course of Justice and Harassment of John Hemming. The investigation is currently with Detective Chief SuperIntendent Javid Oomer and frankly, a large number of powerful people are unhappy about the police, the speed of the investigation and Oomer’s attitude. To put this in context, Mr Hemming first reported Baker in 2015!

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Staffordshire Police considered my allegations against Esther Baker and allocated a crime number before referring the matter elsewhere.

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Esther Baker Crowdfunding Campaign Removed from Third Site

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[UPDATE – 17 August 2022. Esther Baker sued over this article in High Court Case QB-2020-001013. She lost. The court granted both summary judgement and strike-out finding the claim had no realistic prospect of success. No other person mentioned sued and the time limit has elapsed. Judgement here. My follow-up article here. This article has been added to the “DEFENDED!” category and readers may rely on it.]

Unsubstantiated rape accuser Esther Baker, who accused former MP John Hemming and a number of other VIPs, has had her crowdfunding campaigned banned from yet another website – this time GoGetFunding.com.

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Esther Baker has now been dropped by four lawyers and three crowdfunding firms.

This is the third site that has booted Baker and there is no point repeating all the problems with the campaign nor the evidence. My article about the many misrepresentations is here from the first time she got booted. My video about her dropping her Defence of Truth whilst telling potential donors they were going to help reveal the ‘Truth’ is here.

At this point Baker has been dropped by four lawyers and three crowdfunding firms. The Independent Inquiry into Child Sexual Abuse (IICSA) has also declined to investigate her claims. Those organisations must have had good reasons – readers can draw their own conclusions. At this point it is barely worth a stub of an article.

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Video: Esther Baker Drops Truth Defence … Shock!

Esther Baker has dropped her libel defence of Truth in the defamation claim and counterclaim between herself and former MP John Hemming. Full MHN video with details and documentary evidence.

In this video I reveal the facts about Esther Baker’s libel claim against John Hemming that she does not want you to know. Baker has repeatedly solicited money on the basis that she is fighting to reveal the “Truth!” In fact, she has dropped her defence of Truth and there is much she has not shared about her case.

Title music – The Escape – (c) – Machinimasound (Commercial license purchased)

Background music – Through the Night – (c) – Machinimasound (Commercial license purchased)

Related articles –

“Fag in hand, portrait of the ‘fantasist’ given starring role in the £100m Westminster child abuse inquiry”

“Sex abuse probe will NOT look at the claims on an MP rape ‘fantasist’ after doubts emerged about her story”

“Former MP wins £10,000 damages in libel case after being falsely accused of being part of a VIP sex abuse ring”

“IICSA: Unsubstantiated ‘Rape’ Accuser Esther Baker Under Police Investigation”

“Esther Baker Crowdfunding Page Taken Down Over False Statements”

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Esther Baker Crowdfunding Page Taken Down Over False Statements

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[UPDATE – 17 August 2022. Esther Baker sued over this article in High Court Case QB-2020-001013. She lost. The court granted both summary judgement and strike-out finding the claim had no realistic prospect of success. No other person mentioned sued and the time limit has elapsed. Judgement here. My follow-up article here. This article has been added to the “DEFENDED!” category and readers may rely on it.]

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Esther Baker has made numerous allegations of sexual abuse. Now she is begging for money for a court case – but she has failed to tell backers the whole story.

Esther Baker’s crowdsourcing page has been taken down after Simpson Millar solicitors (whose name was placed on the page without their authorisation) asked for their name to be removed. These days, crowdsourcing is everywhere. Whether it is for a new type of watch, a security camera with a battery that lasts a year or a revolutionary type of food storage, there is something for everyone. Crowdsourcing has its downsides though, with many campaigns that do not deliver or which even turn out to be fraudulent, such as the Kickstarter for board game, “The Doom that Came to Atlantic City” (archive). Last week Esther Baker, an unsubstantiated rape accuser, began a campaign on Crowdjustice.com. She claims that John Hemming, the man she accused of rape, has defamed her by calling her a liar and is seeking funds to sue for defamation. She is entitled to her day in court. However, Baker’s campaign left out many key facts about the case. If backers knew the whole truth, would they be so keen to contribute?

Esther Baker’s campaign is aimed at raising money from well meaning members of the public who are passionate about achieving justice. However, the campaign (which is down for the time being) was at best misleading and at worst actionable misrepresentation, leaving out key facts about Baker’s mental health, the evidence in the case, its current state and her various changes of lawyer. By asking for this money, Baker is inviting backers to spend their money with her instead of with other good causes, so in this article I set out the truth about the case.

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Crowd Justice says it helps people fund legal action, but what protections are there for donors against misleading campaigns?

Esther Baker’s campaign as first published opened with the following lines – “My name is Esther Baker, and I am a survivor of childhood sexual abuse, grooming and domestic violence. I suffer mental health conditions as a result of my abuse including severe depression and PTSD”.

Baker claims she is a victim of childhood sexual abuse and grooming, but it is public knowledge that despite extensive police investigation, no one has been convicted. Therefore, Baker’s claim to be a survivor is unproven. In fact, according to the Independent Inquiry on Child Sexual Abuse, there were as many as 11 police officers involved in the investigation. Witness statements were taken from 30 individuals. Ms Baker alone was interviewed for a total of 91½ hours, with the transcripts of those interviews running to 1,081 pages. No one was convicted. No one was even charged.

More importantly, Esther Baker has given an incomplete account regarding her mental health. Baker’s pleadings are available to the public without the Court’s permission under Civil Procedure Rule (CPR) 5.4C. In her campaign she refers to Continue reading

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Jess Phillips MP, Her Outside Earnings … and How to Take Them Away

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[UPDATE – 17 August 2022. Esther Baker sued over this article in High Court Case QB-2020-001013. She lost. The court granted both summary judgement and strike-out finding the claim had no realistic prospect of success. No other person mentioned sued and the time limit has elapsed. Judgement here. My follow-up article here. This article has been added to the “DEFENDED!” category and readers may rely on it.]

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Jess Philips MP (official portrait, CC-BY-SA 3.0 license).

My last article was an exposé of the repugnant female MP Jess Phillips and her irresponsible, exploitative behaviour towards a mentally ill, alleged child abuse victim Esther Baker. As my article explained, there is now ample evidence Baker (who claims to hear voices) has accused the wrong men of rape. Conveniently for Phillips, one of them was her electoral opponent. The court process Esther Baker has initiated, egged on by others, has left Baker with a costs bill likely to be in the region of £12,000. Law enforcement and the public purse have wasted even larger sums. This article gives details and then provides a contacts spreadsheets for any reader who would like to help organise a boycott.

Unlike Baker, Phillips has no money problems. In fact her most recent register of interests (archive) shows a plethora of writing and speaking engagements. It is easy to see why the Corbynites dislike her so – she is hardly a horny-handed son of toil. In the last year Phillips has had numerous writing, speaking and television engagements (including her book) bringing her in around £45,000. She finds time to be Deputy Editor of House Magazine at £2,000 a quarter. All this whilst drawing a full time salary as a Member of Parliament employed by the good people of Birmingham Yardley.

Phillips has an extraordinary number of enemies –

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Jess Phillips MP, Mark Watts and Who Raped Esther Baker?

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[UPDATE – 17 August 2022. Esther Baker sued over this article in High Court Case QB-2020-001013. She lost. The court granted both summary judgement and strike-out finding the claim had no realistic prospect of success. No other person mentioned sued and the time limit has elapsed. Judgement here. My follow-up article here. This article has been added to the “DEFENDED!” category and readers may rely on it.]

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Jess Philips MP (official portrait, CC-BY-SA 3.0 license).

Who raped Esther Baker? Baker is suing John Hemming for libel, claiming he raped her. He is counter-suing. On 15 April 2019 I sat in the High Court with John Hemming, Barbara Hewson and Richard-Owen Thomas and looked on as Baker, accompanied only by former Exaro Editor Mark Watts, was handed a costs order likely to run to about £12,000. Baker was also ordered to have a psychiatric assessment to be filed at court. During the hearing it was revealed that Baker asserts that she is seriously mentally ill. Politicians and ‘journalists’ such as Labour MP Jess Phillips and former Exaro editor Mark Watts have encouraged Baker’s allegations yet Jess Phillips is not Baker’s MP and never has been. Were Phillips and Watts right to encourage a vulnerable mentally ill woman in making unproven allegations public? Were they right to expose her to the possibility of mental injury from public criticism and controversy? Were they right to expose her to legal risks? Have Watts and Phillips helped Esther Baker … or benefited from her distress?

As my previous article recounted, Esther Baker is suing John Hemming for libel – without legal representation. He is counter-suing. The claim is not yet decided but outcomes so far are have not been good for her. Barrister Barbara Hewson’s excellent article is here for an independent perspective.

Amongst other things, John Hemming alleges Esther Baker’s lawsuit is out of time. Despite regularly insisting on Twitter that the ‘truth’ will be revealed she has point blank refused to particularise the alleged ‘rape’. This led to the judge telling her that Hemming did not know the claim he had to meet – Baker’s pleadings were inadequate. She claims in reply that her lawsuit is not out of time because she was mentally ill and lacked mental capacity to litigate for part of the limitation period.

My earlier article did not cover Esther Baker’s mental health problems, as I wanted to treat the issue sensitively and appropriately in this piece. On Twitter Baker has admitted to being, ‘psychotic’ (archive) and referred to hearing voices. In the publicly available pleadings in her case it is alleged that she suffers from auditory and ‘command’ hallucinations. In simple terms, she hears voices in her head that tell her to do things. Sometimes she obeys.

For a woman in Baker’s position to bring a lawsuit as litigant in person is challenging. Whilst the case is not yet decided, there is now significant evidence on the other side. As the Mail reported (archive) Baker has admitted that she told police her rapist had a curved penis and a birthmark on their back. Hemming has never had either (and there is a photograph of his back exhibited in evidence) but does have a distinguishing characteristic that Baker did not mention in her pleadings. So if Baker was raped at all, there are good reasons a fair minded observer might conclude that it was not Hemming. Now a court will decide.

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Jess Phillips eerily wishes Baker ‘sweet’ dreams, a few months after she accused Hemming.

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Mark Watts: Unparticularised

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The logo of the so-called Freedom of Information Act Centre of which Mark Watts is ‘coordinator’.

On Monday, I wrote about the first preliminary hearing in the case of Baker v Hemming. In the hearing, Esther Baker was ordered to rewrite her claim, have a psychiatric assessment and pay costs to be subject to the detailed assessment procedure. At the hearing Baker was unrepresented but assisted by Mark Watts, former Exaro editor, who sat behind her and appeared to assist as a lay advisor. Now he has complained about myself, Barbara Hewson and Simon Just to the judge because we blogged about it.

It is curious that a man who claims to campaign for transparency like Mark Watts, who ‘coordinates’ for the ‘Freedom of Information Act Centre’, is suddenly not-so-keen on information getting out when he is the subject. There are three blogs that Watts complains of. My previous article here, barrister Barbara Hewson’s blog and Real Troll Exposure.

In the United Kingdom, most libel cases (unlike the Family Courts) are open to the public and it is perfectly legal to report on them. Providing the reporting is ‘fair’ and ‘accurate’ it even attracts qualified privilege. Watts’ complaint accuses all three of us of being ‘unfair’. What moved me to write this brief post however, was the fact that his complaint is … unclear. I have no idea why he thinks Barbara and Real Troll Exposure have been unfair. His only comprehensible complaint about my blog is that he is described as a blogger. I do not see how that is harmful to him, and the FOIACentre’s ‘News’ section to me looks like a blog attached to a niche research business.

Put another way his complaint is … inadequately particularised. Much like Esther Baker’s claim in which he advised her. I may be running some articles on Mr Watts in due course but for now I include his complaint below. In the spirit of Freedom of Information, of course.

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