ALP leader Nurul Khan triumphs in unmasking plotter behind political sabotage

Nurul Khan, a Bangladeshi-born Australian Labor Party (ALP) leader, has emerged victorious in his battle to reveal the clandestine orchestrator responsible for a scandalous smear campaign that tarnished his political aspirations. 

Nurul, a legal professional, had his sights set on representing the Western Metropolitan Region in Victoria's Legislative Council during the state election held on November 26, 2022. 

However, his ambitions were abruptly thwarted when a malicious email, rife with unsubstantiated allegations, surfaced just days before voting, on November 9, effectively derailing his candidacy.

Despite vehemently refuting the accusations and asserting their baselessness, Nurul found himself abandoned by his own party, with Labor retracting its support without investigating the veracity of the claims.

According to his entourage, within four days of his name being finalized, the dirt sheet with allegations of his alleged wrongdoings was circulated from an anonymous email address.

Undeterred, Nurul embarked on a pursuit of truth, turning to the Federal Court to unmask the perpetrator(s) behind the "dirt sheet" that had tarnished his reputation.

Khan took Google to court, seeking to find out the identity of the anonymous sender so he could sue that person for defamation.

In a landmark ruling on April 19, Justice Catherine Button delivered a default judgment in Nurul’s favour, against a man from Brooklyn, New York, United States, as the email sender.

Nurul received a phone number associated with the email account belonging to the man from Google through the Federal Court. His solicitor then hired a private investigator in the US who identified the respondent as the owner of the phone number. 

The respondent's identification as the person holding the phone number provided by Google as related to the Email Account was confirmed by the private investigator on a phone call to that number.

During the same call, the investigator validated the respondent's address as well as the holder of the phone number. The address is in Brooklyn. 

Nurul and his legal counsel took all measures necessary required by Australian law, including serving a "concerns notice," but there was no response.

The judge said "substantial efforts were made to serve" the documents on the Brooklyn man, Mohammad Saif Uddin, in New York, using a process server, adding that he had decided not to comment or participate in the judicial proceedings.

The judge further highlighted that the phone number provided by Google, utilized and verified by the detective, was disconnected.

According to court filings, a detective was dispatched to the address in Brooklyn, where Saif was not discovered. Instead, a female resident, a relative, acknowledged that he had lived there but had since moved and changed his phone number, and therefore was no longer in communication with her.

Nurul believes the Brooklyn man had links to “those Melbourne identities” behind the plot.

In addition to making a finding that Saif had chosen to ignore the legal action, and entering a default judgement, Judge Button outlined the process to assess Nurul's damages.

"Here, the respondent (Mr Uddin) has shown no desire to participate in the litigation in any way," the judge ruled.

"Moreover, the evidence of the applicant's (Mr Khan) solicitor suggests that the respondent has sought to evade service.

"In the circumstances, unless judgment in default is granted, there is nothing further the applicant can practically do to advance the litigation."

Judge Button hoped the default judgment would "stir" Saif to wish to engage with the litigation, to avail himself "the opportunity to seek to set aside the judgment in default, should he wish to do so.”

Nurul told Dhaka Tribune he was extremely pleased with the court's decision. "My faith and confidence in the Australian judicial system have been fully affirmed. Once the court registrar assesses the damages, I will promptly initiate summary proceedings in the New York courts to enforce the judgment in accordance with the procedure for recognizing foreign judgments.”

He said this journey had not been solely about his personal struggles but also about seeking justice against “this dirty action and unlawful conduct and setting a precedent,” expressing hope that this case would serve as a lesson and prevent others from going through similar hardships.