A Wellington hip-hop musician accused on social media of sexual assault has won his defamation case against another musician after no defence was offered.
Photo: RNZ / Marika Khabazi
The High Court in Wellington has ruled Tafara Mutingwende, who goes by the stage name 'Theo Outlandish', was defamed by Joshua Cooper-Taepa in an Instagram livestream in October 2020, watched by more than 200 people.
He claimed Mutingwende and his associates were involved in sexual offending against more than 40 girls, including rape, drug rape and under age sex.
In the livestream, Cooper-Taepa explained his purpose was to "expose" the truth about Mutingwende and his associates, and claimed he had been contacted by 40 girls making allegations against them.
Two females then joined the livestream at his request, with one claiming up to 100 girls had been abused, and that one person had been abducted.
In his written judgment, Justice Francis Cooke noted Cooper-Taepa, who performs as 'Euginthecut' and 'KC4L', did not defend the claim and there was no basis for saying the allegations were true.
"They are plainly defamatory of Mr Mutingwende. Indeed, it is difficult to imagine such statements would not lower Mr Mutingwende in the estimation of right-thinking members of society generally."
Mutingwende told the court he received more than 100 abusive messages on Instagram after the post, and it had done huge damage to his reputation in the music and fashion industry and his personal wellbeing.
After claims on social media about sexual offending by a group of Wellington musicians, police launched an investigation called Operation Emerald with reports from about 20 women.
One man was charged in relation to that investigation in December of that year.
The judge said the fact charges had been brought against an associate of Mutingwende did not mean the allegations against him were true.
He awarded costs against Cooper-Taepa.
"I understand Mr Mutingwende is legally aided which will mean that the award will be relatively modest."
However, Justice Cooke declined to put him under a permanent injunction, saying it was not necessary.
"I have no evidence to suggest that Mr Cooper-Taepa will continue to make these allegations. If he did, of course, there may be further repercussions for him."
