He said he was suing because he wanted media outlets to do their jobs “more seriously and professionally.”
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Mr Flowers said he got upset and started crying when he saw his pictures linked to the story on Channel Seven and Sunrise.
“I went straight to the police station and when I got there they took me to hospital and admitted me because I was having a panic attack,” he recalled.
“I feel for that little girl – I was upset and sad when she went missing, and I feel for her mother but at that moment it felt like it just all turned on me, and I was very scared, I was frightened for my life.”
Mr Flowers said while Seven had published and broadcast an apology on some of its platforms he wanted it to appear on the news in Western Australia as he was still getting mistaken for the wrong man in his own state.
“Seven should have done their investigation first before they jumped to a conclusion and started putting my face up on the news and online,” he said.
“They need to be more professional in the future and do their investigation first because it’s now impacted me and my little family.
“It wasn’t a story that was watched and read just in Western Australia or Australia – the whole world was watching this.”
O’Brien Criminal and Civil Solicitors said Mr Flowers’ defamation case was the worst they’d seen, given the volume of hate and ridicule leading to him being hospitalised for a severe panic attack.
“It is of great concern to our client and his family that the Seven Network would proceed with a story of this magnitude without being absolutely certain as to its accuracy,” a statement from the law firm said.
“The effect of this substantial error has been devastating for them.”
Seven published an apology online just before midnight on Wednesday
“Earlier on Wednesday 7News wrongly showed images of a man that were incorrectly labelled as the person under arrest over the disappearance of Cleo Smith,” the statement read.
“These were removed promptly, but 7News apologises for the error.”
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O’Brien Criminal and Civil Solicitors issued Seven Network, which owns 7News, a concerns notice on Thursday requesting a comprehensive public apology and compensation.
On Friday, an apology also went to air on the network’s Sydney and Adelaide news broadcasts: “We got it wrong Mr [Flowers] a new father himself was in no way connected with Cleo’s abduction and his Facebook photos should not have been used.”
“Seven apologises unreservedly to Mr [Flowers] and his family for the distress this has caused.“
Barrister David Gilbertson, QC, whose areas of practice include media and defamation law, said the cap on damages for defamation cases in WA was a bit more than $400,000, but that did not include possible aggravated damages.
Mr Gilbertson said while it was good 7News apologised quickly for the error, it was a “high-profile matter”.
He said it was difficult to garner how far and wide the information had been spread given it was initially published on 7News’ website and then shared on multiple social media pages.
While O’Brien Criminal and Civil Solicitors would not publicly discuss any further details of the claim at this early stage, it said it wasn’t the first of its kind the law firm had acted on.
“We aim to achieve justice for Mr Kelly/Flowers and ask that the public respect he and his families’ privacy while this matter goes through the proper processes,” the statement read.
with Cassandra Morgan
WA man inundated with hate after being wrongly named in Seven’s Cleo article
Source: Philippines Alive
