Chief Justice Arthur Ngiraklsong in a 9 pages order on Tuesday ordered Senator Diaz to restrain from physically harming Jeff Barabe, Kassi Berg, Mike Fox, Michael Spis Gordon and Hilde “Jill” Senior or those who associate with them.
The court ordered Diaz to enjoin from inciting others to kill, assault or physically harm them or those who associate with them; from interfering with their grants or business relations with any foreign governments and intergovernmental organizations such as UNESCO by making harassing, false or reckless statements.The court also restrained Diaz from using his color of office or title as Senator to prosecute, instigate or affect the outcome of investigations conducted by agencies of the Palau against the owners of the Roll “Em Productions.Diaz was also restrained from making any further defamatory remarks directly or indirectly against plaintiffs in print, radio, television, internet or through any other means of public dissemination whether or not defendants name them directly or refer to plaintiffs.Chief Justice Ngiraklsong stated in his order that plaintiffs are not required to post bond or other security.The preliminary injunction against Diaz will expire after a trial on the merits unless the order is extended for good cause shown or unless Diaz consent to an extension.The court in granting the preliminary injunction against Diaz said that based on the evidence presented by the plaintiffs at the March 30 hearing, the court finds that the owners of the Roll “Em Productions will be irreparably harmed in the absence of an injunction.The court said during the March 30 hearing, Diaz presented little evidence that he would be harmed by an injunction.The court said Diaz testimony does not speak to what harm he might suffer if the court issues an injunction.The court said “thepublic interest also favors an injunction and in sum, the factors favor issuing an injunction against Diaz. Boiled down to its essence, the preliminary injunction analysis is based on the equities.”However the court said the scope of the injunction should be as narrow as possible.“Not only is injunctive relief extraordinary but also much of the conduct plaintiffs complain of, standing alone, would not necessarily be actionable.“Competition even cut throat competition is not a problem so long it is legal and not malicious. There is nothing per se wrong with concerned citizens questioning whether foreign businesses are operating within the bounds of the law and criticism does not necessarily equal defamation.”“Moreover defendant Diaz has the same right to free speech as any other individual and his rights in this regard are not diminished simply because he is a Senator or because he has a large media presence,” Chief Justice Ngiraklsong said.
