Thursday 24 March 2011

Pacquiao finds favor with US court, case with Mayweather still on

Posted by chardyboy on Thursday, March 24, 2011 0 comments

source : By JULIEN MERCED C. MATABUENA/ mb.com.ph

MANILA, Philippines – The defamation lawsuit filed by Saranggani representative and boxing champ Manny Pacquiao against American boxer Floyd Mayweather Jr. is still a go after a Nevada court denied the latter’s motion to have it dismissed.


As reported by the Associated Press (AP) on March 21, US District Judge Larry Hicks of Nevada deemed that Pacquiao has enough evidence to support his claim that Mayweather Jr.(along with his father and his uncle, as well as Oscar De La Hoya and Golden Boy Promotions’ Richard Schaefer) maliciously and repeatedly accused him of using performance-enhancing drugs (PEDs) in 2009.


The order states, “Moving defendants [Mayweather, et al.] argue that Pacquiao has failed to sufficiently allege malice because moving defendants could not have known one way or the other whether Pacquiao had actually taken PEDs when they made the alleged defamatory statements. However, the court finds that Pacquiao has sufficiently pled malice in the amended complaint."


Recall that in December 2009, Pacquiao formally filed the complaint after Mayweather Jr., through various interviews, launched a tirade of accusations purporting that Pacquiao uses PEDs. The Pinoy boxing champ refuted this and said in an official statement, “I have tried to just brush it off as a mere pre-fight ploy but I think they have gone overboard.”


Pacman’s defamation lawsuit mentioned interviews given by Mayweather and the others where they alleged that “Pacquiao's strength and power were not natural.” It cited a particular radio interview where Mayweather Jr. commented on Pacquiao’s “different” built and asserted that it was “[be]cause we know the Philippines got the best enhancing drugs.”


With that, the suit argued that Mayweather et al. “are motivated by ill will, spite, malice, revenge and envy” and that they are “set out on a course designed to destroy Pacquiao's career, reputation, honor and legacy and jeopardize his ability to earn the highest levels of compensation.”


A Pacquiao-Mayweather bout had been highly anticipated as early as 2009, and Pacquiao was just as willing to face the latter in the ring. However, Mayweather demanded that he and the eight-division world champion undergo random urine and blood tests no more than 14 days from the fight schedule itself.


Pacquiao declined to do it, saying in previous interviews that both he and Mayweather will get weak after the test, and that Mayweather will have an advantage as the American boxer has a bigger built than him. He added that he will not have himself tested up to 24 days prior to a fight.


However, while Pacquiao’s camp continues to lobby for a fight with Mayweather, the latter seemingly found yet another way to brush off the offer. According to a report by GMA News Online on March 22, Mayweather is asking for $100M fee to face Pacquiao in the ring.


This comes after it was reported that Pacquiao’s promoter Bob Arum and rival Don King renewed talks of a possible match.


More from the AP report, Mayweather and his camp said they will not back down after this latest development and continue to push for the defamation case’s dismissal.


According to Mayweather Promotions LCC’s lawyer Mark Tratos, Pacquiao’s lawsuit was “without merit.” It also pointed out that Mayweather only questioned Pacquiao’s refusal to undergo a drug test, but that he never declared him a drug user.


Tratos also said that Pacquiao, being a public figure, will have problems in proving that Mayweather actually said those things with malice.


“The malice standard is very, very high. We do not believe it can be met by the plaintiff,” Tratos was quoted by AP as saying.


Schaefer reportedly declined to comment on the court decision, while De La Hoya’s lawyer cannot be reached at the time of the AP report's writing.


Meanwhile, Pacquiao deleted his barely one month old Twitter account on Tuesday afternoon after drawing flak for his responses to some Twitter users. Apparently, some called him out for not attending the Congressional proceedings on the Ombudsman Merceditas Gutierrez impeachment case held the previous evening.


Pacquiao is currently training in Baguio City for his upcoming bout with Sugar Shane Mosley, which is slated in May.


To make up for his absence, as reported by GMA News, the Saranggani rep tweeted that he was watching the proceedings on TV, saying that he found it “very interesting.” He also expressed support for Gutierrez, “I vote NO! and I can give my explanation thanks.”


This did not sit well with some Twitter users, who called him out for being absent at the hearing.


User @momblogger asked him, “Why are you not at the plenary?" to which Pacquiao replied, “e di mag reklamo ka doon sa lolo mo hahahaha thanks.”


@momblogger shot him down by responding, “bitaw kinsang lolo (Really, whose grandpa)? I want to see you in Congress. keep missing you for interview."


Another user, @RAndRat expressed, "to h*ll with @congmp. Why... did you run for congress when you know you’d barely be present?”


Pacquiao repeated his earlier response, “e di mag reklamo ka sa lolo mong panot hahahaha."

These exchanges caused other Twitter users to shift their focus on Pacquiao’s rather rude way of talking.


“foul ata yung reply ni manny. Ang linaw ng tanong eh.”


“he shouldn't tweet that way. he is, after all, a billionaire congressman.”


“You may be trying to folksy and humorous, @CongMP, but the matter at hand is too serious to be flippant about.”


"because @CongMP is absent, saranggani province has no say in a national issue. that is irresponsible beyond belief.”


Pacquiao decided to quit the microblogging site altogether after this, but not before tweeting, “Sorry everyone but hanggang dito nalang delete ko na account ko thank you very much to all your support.”



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