Channel 7 has reached a confidential settlement with the man they wrongly identified as Cleo Smith’s abductor in news reports.
Terrance Flowers, who goes by his mother’s surname of Kelly on social media, was wrongly identified by the TV network as the man charged with the young girl’s kidnapping in November.
Mr Flowers filed a defamation lawsuit against Seven West Media, which was on Wednesday settled in a Perth court, four months after the incident.
The young father appeared via video-link from his home in Karratha for the hearing at the Supreme Court of Western Australia on Wednesday, which lasted just a few minutes.
Supreme Court of WA Chief Justice Peter Quinlan entered his judgment in open court in favour of Mr Terrence’s defamation claim, with the parties reaching a confidential settlement.
“The judgment was entered pursuant to consent orders agreed to by the parties,” a statement from Mr Flowers’ lawyers, O’Brien Criminal and Civil Solicitors read.
“The judge noted that the proceedings had otherwise settled on confidential terms. The judge congratulated the parties on reaching a resolution.”
The statement said Mr Flowers was very happy with the outcome.
He is looking forward to “getting on with his life” with his wife and newborn son.
Mr Flowers told he is “very happy” the ordeal is over.
“I’m happy that it’s all over and thank you for the support from the lawyers and all the elders and all the Aboriginal people oxjmtzywut there, thank you.”
The 27-year-old quickly became subject to abuse and was scared to leave his house alone after his photo was taken from Facebook and used in television broadcasts, an online article, a tweet and a Facebook post on November 3.
An online headline read: “PICTURED: The man accused of abducting Cleo Smith named as Terrance Kelly, 36‘, leaving Mr Flowers terrified for his life.”
The media conglomerate immediately issued an apology when it was made aware of the mistake and later apologised on air.
“On November 3, Seven used Facebook photographs of Nyamal man Mr Terrance Kelly, also known as Terrance Flowers, of Karratha in Western Australia in a story about the arrest of another man with a similar name for the abduction of Cleo Smith. We got it wrong,” the apology reads.
“Mr Kelly, a new father himself, was in no way connected with Cleo’s abduction and his Facebook photos should not have been used. Seven apologises unreservedly to Mr Kelly and his family for the distress this has caused.”
The man charged over the alleged abduction of Cleo is 36-year-old Terence Darrell Kelly, also known as Terry Kelly, from Carnarvon.
