UPDATE: A FATHER and son wrongly accused of being paedophiles in a fake police letter sent through their neighbourhood could sue for damages of up to $375,000, a defamation lawyer says.

Police are trying to hunt down the person responsible for the letters, which wrongly allege a man living at a Mitcham address is on the sex offender register and were sent to dozens of homes in the area.

The letter has forced the father and son that live at the address, which they have owned for more than 30 years, to doorknock their neighbourhood to clear their names.

Slater and Gordon defamation lawyer Jeremy Zimet said it was an “extreme” case of defamation and the men would have a strong case at court.

“Once the police have successfully identified the person responsible, I think these two individuals should seriously consider any claim they may have against those persons for defamation,” Mr Zimet said.

“That’s the most effective way of letting people know there is absolutely nothing connecting you to the allegations that are made in that particular publication.

“They would be requesting from those responsible an apology and retraction, as well as payment of compensation which is commensurate to the harm and suffering they have undertaken.

“You would want a compensation amount which you can show to someone and say, ‘this is an amount which proves there is no connection between what’s published and who I am’.”

media_camera The fake police letter alleging a man living in a house in Mitcham is a paedophile.

Mr Zamit said the maximum cap for damages a court could order for a defamatory publication was about $375,000.

“This appears to be an extreme example of a defamatory publication and on the higher end of what a court is able to order in terms of damages,” Mr Zamit said.

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Leading Sen-Constable Dennis Gundrill said the letter drop happened on July 23 and Nunawading police were first made aware of it when the suspect letter was forwarded on to them.

The letter, which purports to be from Nunawading police and includes Victoria Police and Neighbourhood Watch logos, is titled “Sex Offenders List Area Notice”.

“We would like to inform you that there is a man on the sex offenders list living at (Leader has chosen to withhold the address), it is our responsibility to make you aware of the information to put the necessary arrangements in place to keep you family and the area safe,” the letter states.

It goes on to wrongly allege the man is a “repeat offender with charges against him in child paedophilia”, and advises people to phone 000 with any questions or concerns.

Leading Sen-Constable Gundrill said the father and son were “obviously incredibly upset” by the defaming letter.

“They have obviously been checked by Victoria Police and they’re not recorded as having any criminal histories at all,” Leading Sen-Constable Gundrill said.

“It’s outright hate mail.



“It seems someone has an issue here and they’re decided to take matters into their own hands and start a vigilante action against innocent people.

“It appears that they’re barking up the wrong tree.”

Leading Sen-Constable Gundrill said the father and son had no idea why someone would be spreading lies about them.

“They don’t know what’s going on, which is a big concern for them,” Leading Sen-Constable Gundrill said.

“They’ve been around to all their neighbours to introduce themselves and let people know that none of what’s been said is true.”

Leading Sen-Constable Gundrill appealed to people who received the letter to hand it in to Nunawading police station to aid with their investigation.

“We’ve got about 20 letters so far that we’re getting fingerprinted to see if there’s one discernible print on each of the letters,” he said.

Anyone with any information is urged to contact Nunawading police on 9871 4111.