Nurul Khan was dumped by the ALP as its upper house candidate after a dirt sheet was circulated among the relevantly influential ALP figures within days of his preselection in November 2022.
It is alleged within 4 days of his name being finalized, a dirt sheet with allegations of his alleged wrong-doings was circulated from davidjonesaus18@gmail.com.
As per reports, Nurul was told by the head honchos of the ALP at the time that he must go, despite his protestations that the allegations made in the dirt sheet was completely untrue, maliciously unsubstantiated and designed to scuttle his political ambitions.
It has been reported that he refused to give in and wanted the ALP to give him a chance. The party, understandably, did not want to take any risks and decided to remove him as candidate.
After being dumped by the ALP at the last election, Nurul Khan has been pursuing action in the Federal court to unmask plotters behind an election-eve “dirt sheet” that destroyed his political career.
Nurul succeeded in extracting registration details from Google for the email account of davidjonesaus18@gmail.com which was used to send the “dirt sheet”.
And last week, Nurul scored a big win when Justice Catherine Button delivered a default judgment his favor, against the man from Brooklyn, New York, United States as the sender of the email.
Through Federal Court, Nurul obtained from Google, a phone number linked to the Email Account which belonged to someone in the US. His solicitors engaged a private investigator in the United States, who identified the Respondent as the holder of the phone number in question. The identity of the Respondent as the person holding the phone number provided by Google as linked to the Email Account, was confirmed by the private investigator in a phone call to that number. The private investigator also confirmed the address of the Respondent and holder of the phone number in the same call. The address is in Brooklyn, New York in the US. All steps required by the Australian law, were taken by Nurul and his solicitors, including serving a “concerns notice” but there was no response.
The judge noted that “substantial efforts were made to serve” the documents on the Brooklyn man identified as Mohammad Saif Uddin, in New York, via a process server. He has chosen not to respond or participate in the legal process.
The judge also noted that the phone number, provided by Google and used and verified by the detective has been disconnected.
According to the court documents, a detective was sent to the address in Brooklyn New York where the man, Mohammad Saif Uddin, could not be found. Instead a female living there, a cousin, confirmed he had been living there but had since moved and changed his phone number and thus, was not in contact with her.
Nurul believes the Brooklyn man had links to those Melbourne identities behind the plot.
In addition to making a finding that Mohammad Saif Uddin Justice had chosen to ignore the legal action, and entering a default judgement, Judge Button has outlined the process to assess Nurul’s damages.
The court will now hold a hearing to assess what damages should be awarded to Nurul.
“Here, the Respondent (Mr Uddin) has shown no desire to participate in the litigation in any way,” the judge ruled.
“Moreover, the evidence of the Applicant’s (Mr Khan) solicitor suggests that the Respondent has sought to evade service.
“In the circumstances, unless judgment in default is granted, there is nothing further the Applicant can practically do to advance the litigation.”
Judge Button hoped the default judgment would “stir” Mohammad Saif Uddin to wish to engage with the litigation, to avail himself “the opportunity to seek to set aside the judgment in default, should he wish to do so.”
Justice for Nurul Khan, who himself is a lawyer, will still take some more time.
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