Mr Musk, in a now-deleted tweet, described Mr Unsworth as a \u201cpedo guy\u201d.<\/p>\n
The entrepreneur gave no evidence to support the comment. He is being sued for defamation.<\/p>\n
Lawyers representing Mr Unsworth have described Mr Musk\u2019s tweets as \u201cvile and false\u201d. The British diver is seeking punitive and compensatory damages.<\/p>\n
Email to reporter<\/h2>\n
The outburst last year appeared to be in response to comments made by Mr Unsworth in an interview on CNN, in which he criticised Mr Musk\u2019s decision to send a purpose-built mini-submarine to the Tham Luang cave in Chiang Rai Province to help with rescue efforts.<\/p>\n
Mr Unsworth described it as a \u201cPR stunt\u201d, later adding that Mr Musk could “stick his submarine where it hurts\u201d.<\/p>\n
Taking to Twitter, Mr Musk said: “Sorry pedo guy, you really did ask for it.”<\/p>\n
When questioned about the allegation by other Twitter users, Mr Musk replied with \u201cbet ya a signed dollar it’s true\u201d. That tweet was also later deleted.<\/p>\n
After Tesla\u2019s stock price dipped by as much as 4%, Mr Musk sent a tweet expressing an apology.<\/p>\n
\u201cHis actions against me do not justify my actions against him,\u201d he wrote, explaining that his comments were “spoken in anger after Mr Unsworth said several untruths and suggested I engage in a sexual act with the mini-sub, which had been built as an act of kindness and according to specifications from the dive team leader\u201d.<\/p>\n
Tesla\u2019s share price recovered.<\/p>\n
However, Mr Musk went on to repeat the claim in an email exchange after being contacted by Buzzfeed reporter Ryan Mac.<\/p>\n
\u201cStop defending child rapists,\u201d Mr Musk wrote to the reporter. He had apparently intended the comments to be off the record but did not agree that with Mr Mac prior to emailing his response.<\/p>\n
\u2018Common insult’<\/h2>\n
Mr Unsworth is seeking damages for the content of the tweets only, not the email exchange – though Los Angeles District Judge Stephen Wilson said it could be used to illustrate Mr Musk\u2019s state of mind when sending the scrutinised tweets.<\/p>\n
Mr Musk\u2019s legal team insisted he would not be seeking an out-of-court settlement. Instead, he will argue that \u201cpedo guy\u201d was not an insult suggesting Mr Unsworth was a paedophile.<\/p>\n
\u201cPedo guy was a common insult used in South Africa when I was growing up,\u201d Mr Musk said in a court filing as part of a failed request to have the case thrown out of court. “It is synonymous with \u2018creepy old man\u2019 and is used to insult a person\u2019s appearance and demeanour, not accuse a person of paedophilia.\u201d<\/p>\n <\/p>\n Mr Unsworth\u2019s legal team referred to the explanation as \u201coffensive to the truth\u201d.<\/p>\n As well as agreeing to hear the case, Judge Wilson denied the defence\u2019s request to define Mr Unsworth as a \u201cpublic figure\u201d – meaning lawyers for Mr Unsworth do not have to prove Mr Musk acted with “actual malice”, lowering the bar necessary to win the case.<\/p>\n Jury selection is due to begin on Tuesday at 09:30 local time (17:30 GMT), with the first witnesses – Mr Musk among them – likely to be called later on Tuesday.<\/p>\n Follow Dave Lee\u00a0<\/i>on Twitter @DaveLeeBBC<\/a><\/p>\n Source: bbc.co.uk<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"![\"Vern](\"https:\/\/ichef.bbci.co.uk\/news\/624\/cpsprodpb\/2F98\/production\/_102548121_whatsappimage2018-07-16at12.06.49.jpg\")
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