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False story could spark legal action, lawyer says

A Bermudian man who lives in the Philippines is considering legal action for libel against radio and TV stations, it was revealed yesterday.

Top lawyer Dennis Dwyer, of Hector, Dwyer and Associates, confirmed: "We are considering bringing an action for damages.'' The move comes after both VSB and the Bermuda Broadcasting Company carried stories claiming John Clarke faced life in jail if convicted of alleged drugs offences -- a story proved to be completely without foundation.

Mr. Clarke, formerly of St. George's, has lived on the Pacific island with his Filipina wife for several years, although his two daughters still live on the island, along with other relatives.

Mr. Dwyer said: "I have been in direct contact with Mr. Clarke in Philippines and he has submitted an affadavit to me that the statements made are totally untrue.

"He has not been arrested, he has not been questioned or interviewed -- where on earth they got this story from, I don't know.

"But they certainly didn't take reasonable steps to check its accuracy.'' VSB offered an apology for the story -- which ran last month -- on Wednesday night's news broadcast.

Mr. Dwyer said he had earlier written to both VSB and the BBC demanding a retraction as the "main thrust and immediate step.'' He added: "Mr. Clarke is obviously concerned about it himself, but he is in the Philippines. His main concern is that his family went through a great deal of upset when the broadcasts took place.

"I sure that the family feel if reasonable steps had been taken to verify the information which had apparently been given to them, they would have found it was totally untrue.

"The family are concerned that it could happen again, not necessarily to them, but to someone else. There must be a duty on the media to check the facts.'' A close relative of Mr. Clarke's told The Royal Gazette on Wednesday that the story was "devastating'' to Mr. Clarke's family and said the offenders deserved to be "thoroughly embarrassed.'' BERMUDIAN BDA