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Elon Musk has claimed a tweet in which he labelled a British diver “pedo guy” was not meant to suggest he was a paedophile.
The Tesla founder insisted the remark was a “common insult,” according to a US court filing lodged in response to a defamation lawsuit.
He is being sued by Vernon Unsworth , a diver who was part of a team who rescued 12 boys and their football coach from a cave in Thailand in July last year.
Musk smeared Mr Unsworth on Twitter after he dismissed the billionaire inventor’s offer of a mini-submarine to help save the boys as a “PR stunt”.
He apologised, but subsequently doubled down on the attack by groundlessly calling the diver a “child rapist” in an email to BuzzFeed News . Mr Unsworth sued two months later in a Los Angeles federal court.
Thailand schoolboys rescue - in picturesShow all 21 1 /21Thailand schoolboys rescue - in pictures Thailand schoolboys rescue - in pictures Police and military personnel use umbrellas to cover a stretcher near a helicopter and an ambulance at a military airport in Chiang Rai as rescue operations continue for those still trapped inside the cave in Khun Nam Nang Non Forest Park in the Mae Sai district. Four boys among the group of 13 trapped in a flooded Thai cave for more than a fortnight were rescued on July 8 after surviving a treacherous escape, raising hopes elite divers would also save the others soon.
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Thailand schoolboys rescue - in pictures Thai rescue team members walk inside the cave
Rex Features
Thailand schoolboys rescue - in pictures An ambulance exits from the Tham Luang cave area
AFP/Getty Images
Thailand schoolboys rescue - in pictures A military helicopter carrying rescued schoolboys approaches to land at a military airport in Chiang Rai
REUTERS
Thailand schoolboys rescue - in pictures Rescuers hands locked with a caption reading "We Thai and the international teams join forces to bring the young Wild Boars home" where 12 boys and their soccer coach have been trapped since June 23 in a cave in Mae Sai, Chiang Rai province, northern Thailand. The operation has begun to rescue 12 boys and their soccer coach who will need to dive out of the flooded Thai cave where they have been trapped for more than two weeks, with officials saying Sunday morning that "today is D-Day.
AP
Thailand schoolboys rescue - in pictures A Thai policeman stands guard at an entrance of the cave as rescue operations continue for 12 boys and their coach trapped at Tham Luang cave at Khun Nam Nang Non Forest Park in the Mae Sai district of Chiang Rai province on early July 8, 2018. Thai authorities told media on July 8 to leave a camp site near the cave where 12 boys and their coach have been trapped for more than two weeks so that "victims" could be helped, possibly signalling a long-awaited rescue effort to get them out.
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Thailand schoolboys rescue - in pictures Rescuers are seen drillining ahead of the operation at the Tham Luang cave complex, where 12 boys and their soccer coach are trapped, in the northern province of Chiang Rai, Thailand
REUTERS
Thailand schoolboys rescue - in pictures Rescuers are seen drillining ahead of the operation at the Tham Luang cave complex, where 12 boys and their soccer coach are trapped, in the northern province of Chiang Rai, Thailand
REUTERS
Thailand schoolboys rescue - in pictures Ruamkatanyu Foundation rescuers are seen drillining ahead of the operation at the Tham Luang cave complex, where 12 boys and their soccer coach are trapped, in the northern province of Chiang Rai, Thailand
REUTERS
Thailand schoolboys rescue - in pictures Thai policemen stand guard near a cave where 12 boys and their soccer coach have been trapped since June 23, in Mae Sai, Chiang Rai province, in northern Thailand Sunday, July 8, 2018. Thai authorities are racing to pump out water from the flooded cave before more rains are forecast to hit the northern region.
AP
Thailand schoolboys rescue - in pictures Journalists clear and prepare to leave the cave area during the 'D-Day' for the ongoing rescue operation for the child soccer team and their assistant coach to exit the cave at Tham Luang cave in Khun Nam Nang Non Forest Park, Chiang Rai province, Thailand, 08 July 2018. The officials' operations are underway to safely bring out the 13 members of the youth soccer team including their assistant coach who have been trapped in Tham Luang cave since 23 June 2018, out of the cave according to former Chiang Rai Governor Narongsak Osottanakorn said.
EPA
Thailand schoolboys rescue - in pictures Thai family members of missing football players and their coach (R) pass to meet with the officers during rescue operations to save a soccer team at Tham Luang cave in Khun Nam Nang Non Forest Park, Chiang Rai province, Thailand, 03 July 2018. According to Chiang Rai provincial Governor Narongsak Osatanakorn rescuers are taking supplies and food into the cave to sustain the team while there extraction is worked out.
EPA
Thailand schoolboys rescue - in pictures Rescuer walk out from cave where 12 boys and their soccer coach have been trapped since June 23, in Mae Sai, Chiang Rai province, in northern Thailand Sunday, July 8, 2018. Thai authorities are racing to pump out water from the flooded cave before more rains are forecast to hit the northern region.
AP
Thailand schoolboys rescue - in pictures Policeman line up on the main road leading to Tham Luang Nang Non cave on July 8, 2018 in Chiang Rai, Thailand. Divers began an effort to pull the 12 boys and their soccer coach on Sunday morning after they were found alive in the cave at northern Thailand. Videos released by the Thai Navy SEAL shows the boys, aged 11 to 16, and their 25-year-old coach are in good health in Tham Luang Nang Non cave and the challenge now will be to extract the party safely.
Getty Images
Thailand schoolboys rescue - in pictures Rescue workers along the main road leading to Tham Luang Nang Non cave as the first 2 ambulances carrying 2 boys pass by on July 8, 2018 in Chiang Rai, Thailand. Divers began an effort to pull the 12 boys and their soccer coach on Sunday morning after they were found alive in the cave at northern Thailand. Videos released by the Thai Navy SEAL shows the boys, aged 11 to 16, and their 25-year-old coach are in good health in Tham Luang Nang Non cave and the challenge now will be to extract the party safely.
Getty Images
Thailand schoolboys rescue - in pictures Thai medics and police officers evacuate the first two children with a helicopter after rescued from Tham Luang cave before heading to hospital, at a helicopter pad in Chiang Rai province, Thailand, 08 July 2018. Members of a children soccer team and their assistant coach who have been trapped in Tham Luang cave
EPA
Thailand schoolboys rescue - in pictures An ambulance transporting the children who have been rescued, arrives at hospital in Chiang Rai province, Thailand, 08 July 2018. The first six children have been confirmed to rescue on 08 July 2018 after have been trapped in Tham Luang cave since 23 June 2018. Four members of a children soccer team and their assistant coach who have been trapped in Tham Luang cave since 23 June 2018 have been rescued on 08 July 2018, according to former Chiang Rai Governor Narongsak Osottanakorn said.
EPA
Thailand schoolboys rescue - in pictures Ambulances transport boys rescued from Tham Luang Nang Non cave to hospital on July 8, 2018 in Chiang Rai, Thailand. Divers began an effort to pull the 12 boys and their soccer coach on Sunday morning after they were found alive in the cave at northern Thailand. Videos released by the Thai Navy SEAL shows the boys, aged 11 to 16, and their 25-year-old coach are in good health in Tham Luang Nang Non cave and the challenge now will be to extract the party safely.
Getty
Thailand schoolboys rescue - in pictures Medical staff await for the rescued Thai children at Chiang Rai Prachanukroh Hospital in Chiang Rai. The twelve missing Thai children and their adult coach went missing after entering a cave at Tham Luang, in Chian Rai Privince
Thailand schoolboys rescue - in pictures Ambulances transporting children after being rescue from Tham Luang cave, arrive Chiangrai Prachanukroh Hospital in Chiang Rai province, Thailand, 08 July 2018. Six children of a child soccer team have been rescued on 08 July 2018 after 12 of them and their assistant coach have been trapped in Tham Luang cave since 23 June 2018.
EPA
Thailand schoolboys rescue - in pictures Ambulances transporting children after being rescue from Tham Luang cave, arrive Chiangrai Prachanukroh Hospital in Chiang Rai province, Thailand, 08 July 2018. Six children of a child soccer team have been rescued on 08 July 2018 after 12 of them and their assistant coach have been trapped in Tham Luang cave since 23 June 2018.
EPA
Musk sought to have the legal action dismissed in a court filing on Monday. He claimed “pedo guy” was “a common insult used in South Africa when I was growing up”. He said the expression was synonymous with “creepy old man” and was used to insult a person’s appearance and demeanour.
“I did not intend to accuse Mr Unsworth of engaging in acts of paedophilia,” added Musk, who grew up in Pretoria. “In response to his insults in the CNN interview, I meant to insult him back by expressing my opinion that he seemed like a creepy old man.”
Musk claimed his August 2018 email to a BuzzFeed News journalist, who he told to “stop defending child rapists,” was based on an aide’s summary of a private investigator’s report on Mr Unsworth and that he did not know at the time the statement was false.
He said the email had been “off the record,” though BuzzFeed News reported at the time that it had not agreed to this condition.
Mr Unsworth’s lawyer, Lucian Lin Wood, described the diver was “a good man whose efforts saved the lives of 13 people”. He said he would reply to Musk’s court filing in three weeks.
“I’ll keep my powder dry for now, but I can assure you it will be explosive,” added the lawyer, who called Musk’s motion “as offensive to the truth as was his original tweet.”
Mr Unsworth is seeking compensation and punitive damages in a trial scheduled for 2 December.
Support free-thinking journalism and attend Independent events Musk’s legal team has applied for the diver to be classed as a public figure in matters related to the cave rescue.
That would require Mr Unsworth’s lawyers to show by clear and convincing evidence that Musk’s remarks were made with “actual malice,” a high standard of proof.
The dispute between the pair arose after Musk travelled to the Tham Luang caves in Chiang Rai to present a “kid-sized” capsule submarine to rescuers working to free the young football team, who had been trapped inside for weeks.
Mr Unsworth said the submarine “had absolutely no chance of working” because the inventor “had no conception of what the cave passage was like”. He accused him of attempting to exploit the rescue bid for publicity and told him to “stick his submarine where it hurts”.
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