Joost was in court today (Friday) to hear the final outcome of his court case against the publication of a tell-all book about his stormy marriage to Amor Vittone.
Judge Bertelsmann stated that prior restraint of a publication could only be granted in extraordinary circumstances because it was a drastic interference in freedom of speech, "It should only be ordered if there was a grave risk of substantial injustice."
The case was dismissed due to the fact that Joost had failed to establish any right to such drastic inroads into freedom of expression. He went on to say that there was no allegation in the papers that the book contained lies and it must be therefore be concluded that Mr Van der Westhuizen was trying to suppress the truth.
Judge Bertelsmann stated that prior restraint of a publication could only be granted in extraordinary circumstances because it was a drastic interference in freedom of speech, "It should only be ordered if there was a grave risk of substantial injustice."
The case was dismissed due to the fact that Joost had failed to establish any right to such drastic inroads into freedom of expression. He went on to say that there was no allegation in the papers that the book contained lies and it must be therefore be concluded that Mr Van der Westhuizen was trying to suppress the truth.
The author of the book, Joost and Amor – Agter die Skerms (Behind the Scenes) is journalist and deputy editor of Heat magazine, Gavin Prins. Prins' defense was largely based on the fact that the relationship between Joost and Amor has been widely publicized in the media as well as by Joost himself via Twitter and that basically there was nothing much else he could tell people that they don't already know.
Joost's lawyer said that the publication of the book could adversely effect his declining health but Bertelsmann said there was no exceptional evidence to support such a claim. A report issued by a neurologist stated that the stress would worsen Joost's condition but Bertelsmann said that there was no evidence that the neurologist had even examined Joost before writing the report - Therefore he did not qualify as an expert witness.
"The applicant falls into the category of celebrities that can no longer expect that their private lives remain private because they themselves have made it public, "The fact is that Joost's life and illness were well known and he could not complain if it was repeated in another publication." He added that Joost's reliance on privacy was negated by his own past action.
"The applicant has rightfully earned the respect and esteem flowing from his past achievements.
"He is entitled to understanding and empathy ... He is entitled to support even in the aftermath of scandal.
"He is to be admired for the way in which he is dealing with his devastating illness and reaching out to others.
"...But he is not entitled to stop publication of the book ... because he invited the media to share his life.".
Judge Bartelsmann concluded by saying that there was no question that the publication was of significant importance to Prins and the publishers and to the fundamental right to freedom of expression.
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"The applicant has rightfully earned the respect and esteem flowing from his past achievements.
"He is entitled to understanding and empathy ... He is entitled to support even in the aftermath of scandal.
"He is to be admired for the way in which he is dealing with his devastating illness and reaching out to others.
"...But he is not entitled to stop publication of the book ... because he invited the media to share his life.".
Judge Bartelsmann concluded by saying that there was no question that the publication was of significant importance to Prins and the publishers and to the fundamental right to freedom of expression.
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Joost and Amor's marriage broke down after the appearance of a sex tape in which Joost was shown to be using cocaine. After a very public battle with his wife regarding their separation, children and finances, Amor confirmed in an interview with Heat magazine in August that Joost was moving back into the family home with herself and their 2 children.
"I’m busy transforming the kids’ playroom into a bedroom for him. Joost can’t get up the stairs anymore, so we want to make it as easy for him as possible." - Amor
Sadly, doctors have said that he will soon need to be on oxygen and won't be able to move around as often.
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