Detailed report issuing out of Australia, in answer to all the accusations
Reinhart Kosak is making against Martin Mitchell in Australia.

It is proposed to broadcast these facts far and wide if no satisfactory explanation and apology is forthcoming immediately, and if the harassment and mobbing Martin Mitchell is being subjected to from certain quarters in Germany does not cease forthwith.

Re Reinhard Kosak or Reinhart Kosak, "Lord of painfull [sic] darkness" (as he also calls himself), the renown Co-Administrator of the East-German Websites www.imheim.de and www.jugendwerkhof.info, who is publicly advertising on the Internet, that he specifically and personally has arranged for the "humbug page" [ = "Müllseite"] - as he calls the Website DiakonieFreistatt.de.vu @ http://www.heimkinder-ueberlebende.org, which was being operated by Martin Mitchell from Australia, and which is also know as and was being operated in paralell with the new Website Heimkinder-Ueberlebende.org (Care-Leavers Survivors.org) @ www.heimkinder-ueberlebende.org - to be shut down by Yahoo. The latter page Heimkinder-Ueberlebende.org (Care-Leavers Survivors.org), which fortunately has an Australien provider, is still running currently.

An interesting situation this, that has developed here:

The needler [ = "Quälgeist"] "Chaser" / Reinhart Kosak is upset about the fact that what he has initiated against Martin Mitchell in Australia, from the safty of southern Germany, many months ago has backfired on him. See "Deserved Recognition and Necessary Explanation" [ = "Verdiente Anerkennung und notwendige Erklärung"] http://heimkinder-ueberlebende.org/Verdiente_Anerkennung_und_notwendige_Erklaerung_-_27.7.2004.html (unfortunately only available in German).

The needler [ = "Quälgeist"] "Chaser" / Reinhart Kosak, a German national, resident in Merzig-Wadern, in the Saarland, in southern Germany, on 21/22 October 2004, issued an ultimatum to Martin Mitchell in Australia, demanding his unconditional surrender – or else – he is threatening to cause Martin Mitchell further serious detriment (a demand in combination with the threat being issued constituting the offence of extortion [ = "Erpressung"] in Germany). "Chaser" / Reinhart Kosak is not in the least remorseful for the harassing of Martin Mitchell and the making of life hell for him over the last many months, nor has he so far seen fit to apologise for his obnoxious behaviour towards Martin Mitchell on the Internet now or in the past.

The needler ["Quälgeist"] "Chaser" / Reinhart Kosak has no qualms to publicly assert on the Internet:

1.) That Martin Mitchell is a criminal, and he "Chaser" has indisputable proof that that is in fact the case.
(This accusation by Reinhart Kosak constitutes the offence of serious libel [ = "Verleumdung"] in Germany.)

The assertion is categorically denied by Martin Mitchell, and the existence of a genuine belief held by the accuser is called into question.

The needler ["Quälgeist"] "Chaser" / Reinhart Kosak has no qualms to publicly assert on the Internet:

2.) That Martin Mitchell insults him, Reinhart Kosak, on the Internet with various insults and thereby is in breach of the law and in breach of the contractual arrangements between him and his service provider.

These assertions are categorically denied by Martin Mitchell.

The needler ["Quälgeist"] "Chaser" / Reinhart Kosak has no qualms to publicly assert on the Internet:

3.) That Martin Mitchell constantly breaches copyright and thereby is in breach of the law and in breach of the contractual arrangements between him and his service provider.

These assertions are categorically denied by Martin Mitchell. Copyright law is complex and not only no longer uniform throughout the world but is forever changing. One thing only is certain, Reinhard Kosak has no real understanding of the basic principles of copyright law, let alone the intricacies and fine distinctions involved in various situations.

The needler ["Quälgeist"] "Chaser" / Reinhart Kosak has no qualms to publicly assert on the Internet:

4.) That Martin Mitchell requires his, Reinhart Kosak’s, prior permission for mentioning his name and place of abode in southern Germany, publicly on the Internet (all details that were already in the public domain and known to many people from whom these details could be freely obtained), a mentioning merely in connection with an accurate citation by Martin Mitchell of derogatory and libellous public utterances on the Internet, Reinhart Kosak had made about Martin Mitchell and the latter’s alleged "bad reputation".

Martin Mitchell is not aware of the existence of any legal requirement such as Reinhart Kosak asserts exists. To his knowledge, no such requirement in law, as Reinhart Kosak mistakenly seeks to rely upon, exists in Martin Mitchell’s country of residence or in the country of publication, Australia, from which these facts were published. None of the details published by Martin Mitchell constitute slander or are libellous under the provision of any law of any country, nor does the publication breach any privacy laws anywhere. An assertion by Reinhart Kosak of a specific notification of prohibition of publication of his details (as he now asserts was issued to Martin Mitchell) is spurious and, in any event, no answer in support of an erroneous belief by him to a right to protection from publication and accurate citation of his public utterances. And even if – which is in no way being conceded here – there were inadvertent, or even a deliberate, misquotation or misstranslations by Martin Mitchell of Reinhart Kosak’s public utterances (i.e., any misquotation, or wrongful attributing to him, of utterances, not constituting slander) which in no way can to be said to be libellous, no breach of the law has been committed.

The needler ["Quälgeist"] "Chaser" / Reinhart Kosak has no qualms to publicly assert on the Internet:

5.) That Martin Mitchell unjustifiably calls him, Reinhart Kosak, "Wombathunter", and unjustifiably claims that he, Reinhart Kosak, has repeatedly written unkind things under that name against Martin Mitchell on the Internet, when the latter has already attributed that nickname or pseudonym – and texts written (by whoever) on the Internet under that pseudonym – to somebody else (a person other than Reinhart Kosak), and that such course of action and procedure by Martin Mitchell is contradictory and entirely unreasonable on his part and should not be allowed.

Firstly, neither is Martin Mitchell obliged to justify his beliefs – mistaken or genuinely held – to Reinhart Kosak, nor is he answerable to him for his actions whether "reasonable" or "not". Secondly, Reinhart Kosak specifically adopted and indeed used the name "Wombathunter" on the Internet; the number of times he has used it or where it was used by him (instances which have all been documented and securely archived) is immaterial. He alone annointed himself to the position of "Wombathunter" and proudly publicised the fact that he Martin Mitchell, the Australian marsupial, was his quarry. From all appearances and the existing evidence, it is highly likely that Reinhart Kosak is not the only "Wombathunter" out there, but that there are others who have chosen to share not only that nickname with Reinhart Kosak on the Internet but also the hunt.

The needler ["Quälgeist"] "Chaser" / Reinhart Kosak has no qualms to publicly assert on the Internet:

6.) That he, Reinhart Kosak, is being badly insulted by Martin Mitchell, in that he is being called a "troll", a "dictator", and "needler" [ = "Quälgeist"] (he also asserts that there are other similarly bad insults that are being used against him by Martin Mitchell, but he fails to specify them), and that in so doing Martin Mitchell is in breach of the law and in breach of the contractual arrangements between him and his service provider.

These assertions by Reinhart Kosak are categorically denied by Martin Mitchell. Martin Mitchell maintains that he is not only justified, but fully entitled in calling Reinhart Kosak a "troll", a "dictator" and "needler" [ = "Quälgeist"], for the reason that – with regard to the person of Martin Mitchell – Reinhart Kosak has shown himself over many months to be not only that, but many more other unsavoury things. None of the terms applied by Martin Mitchell to describe Reinhart Kosak, either alone or in combination with one another, whilst not complementary (and which indeed they are not meant to be), are of such loathsomeness and derogation as to be actionable in law in any country.

The needler ["Quälgeist"] "Chaser" / Reinhart Kosak has no qualms to publicly assert on the Internet:

7.) That Martin Mitchell "spams" not only his, Reinhart Kosak’s guestbook full, but also fills other guestbooks on the Internet with "rubbish" [ = "Müll"], and that without ryme or reason and without any justification at all he, Martin Mitchell, accuses him of him of stalking and denegrating him.

Martin Mitchell takes umbrage against being accused by Reinhart Kosak of "spaming". The topics covered in Martin Mitchell’s contributions on the Internet as well as on his still remaining Website on the Internet Heimkinder-Ueberlebende.org (Care-Leavers Survivors.org) @ http://www.heimkinder-ueberlebende.org – that Reinhart Kosak in his most recent ultimatum is also now threatening to have shut down – can hardly be described as "spaming" or "rubbish" [ = "Müll"], or the contents of the Webpage as "humbug" [ = "Gammelpage" or "Müllseite"] as Reinhard Kosak calls it. But, in any event, what Martin Mitchell does on the Internet – that does not personally affect Reinhart Kosak or his next of kin adversely in any way, shape or form, is none of his business. Even if Martin Mitchell wishes to talk or write "nonsense" on the Internet, that is entirely his prerogative, and has absolutely nothing to do with Reinhart Kosak. The specific charge that Martin Mitchell is "spaming" Reinhard Kosak’s guestbook full is spurious and is being categorically denied.

The claim by Reinhart Kosak that he is being unjustifiably targeted by Martin Mitchell from Australia because he merely "holds a different opion" or "opions" and "dared to stand up against Martin Mitchell" and "make his opinions publicly known" is spurious in every respect and to the highest degree. The assertion that Reinhart Kosak is being deliberately targeted by Martin Mitchell lacks all veracity, and is total and utter nonsense, a tall story being told by the person who is himself the querulant here.

The needler ["Quälgeist"] "Chaser" / Reinhart Kosak has no qualms to publicly assert on the Internet:

8.) That Martin Mitchell without permission and in breach of copyright – indeed, it is being asserted by Reinhart Kosak, "contrary to a specific prohibition issued (by those personally affected thereby)" – publishes photographs online in breach of the law and in breach of the contractual arrangements between him and his service provider.

The assertions by Reinhart Kosak of the commission of illegal acts in connection with the publication by Martin Mitchell of photographs of selected individuals online is spurious and is being categorically denied by him. Whilst photographs have been published specifically for the purpose of the identification of certain individuals (for good reason!) and therefore without their permission, they have neither been published in breach of copyright nor in breach of any other law known in the country of publication, Australia. Furthermore, no financial gain is being derived from any such publication. The photographs were either taken by a private photographer unconnected with the person depicted in the photograph or were retrieved from other sites where they had already been online. Where necessary and required by law all such existing photographs as have been made use of have been duly credited to the person believed to be the copyright holder.

As far as is known, at the present time no photograph of Reinhart Kosak has so far been published by Martin Mitchell on the Internet, but if this totally unnecessary and ridiculous disputation initiated by parties in Germany is not resolved amicably and soon, and an opportunity should present itself for publication of Reinhart Kosak’s photograph online in the future, it will be published, and published without first obtaining his permission.

Conclussion:

It is regrettable that time and effort has to be expended by Martin Mitchell in Australia in defending these ridiculous charges made by Reinhart Kosak against him from the other side of the world, when this time and effort could have been more productively utilised with the main purpose in mind, namely, in the furthering of the cause of institutional child abuse victims and care-leavers survivors with a view to obtaining redress for their legitimate and absolutely justified complaints.

[ Date of first publication on this Website: 26 October 2004 ]