Elon Musk defamation trial jurors could be excused from case if they voice strong opinions against billionaires

Legal threat: Diver Vernon Unsworth is taking legal action against Elon Musk over the billionaire's 'pedo guy' tweet
Getty Images

Potential jurors in Elon Musk’s defamation trial could be excused from the case if they voice strong feelings about billionaires.

Jury selection was set to begin today in the civil suit brought against the Tesla and SpaceX boss by a rescue diver he called “pedo guy” in a Tweet.

A district judge in Los Angeles has said he would ask prospective jurors some questions unique to the case against Mr Musk.

At a pre-trial hearing on Monday judge Stephen Wilson said they would be asked: "Do you have a strong opinion about billionaires?"

Billionaire Tesla and SpaceX boss Elon Musk's defamation trial is set to get under way
Getty Images

British cave explorer Vernon Unsworth said billionare Mr Musk falsely labeled him "pedo guy" on social media and should pay punitive and other damages for harming his reputation.

The diver gained fame for his leading role in the rescue of 12 boys and their soccer coach from a flooded cave in Thailand last year

Prospective jurors will also be asked if they have strong opinions of people who visit or live in Thailand, in addition to relatively standard queries.

Although an affirmative answer does not necessarily ensure that a potential juror would be excused, such questions are designed to discern an individual's ability to be impartial.

The judge will empanel six to 12 jurors, though judge Wilson said he finds an eight-member panel to be ideal.

British cave diver Vernon Unsworth
AP

Opening statements are expected to begin right after jury selection finishes later on Tuesday.

Mr Musk is slated to be the first witness for the plaintiff's team once testimony begins.

The case stems from an offer Mr Musk made to furnish a mini-submarine from his SpaceX company to help with the cave rescue in July 2018.

Mr Unsworth told CNN on July 13 last year, three days after the rescue was completed, that the offer was a "PR stunt" and that Mr Musk could "stick his submarine where it hurts."

Two days later, Mr Musk lashed out at in a series of tweets, including one which called Mr Unsworth a "pedo guy." Mr Musk later apologised for that comment.

The judge explained the case hinges on whether a reasonable person would take Mr Musk's Twitter statement to mean that he was calling Mr Unsworth a pedophile.

Vernon Unsworth was made an MBE by the Duke of Cambridge for his services to cave diving
PA

To win the defamation case, Mr Unsworth needs to show that Musk was negligent in publishing a falsehood that clearly identified the plaintiff and caused him harm.

"Actual malice" on Mr Musk's part does not need to be proven because the judge has deemed Mr Unsworth a private individual rather than a public figure.

Although the case does not involve Tesla, Mr Musk's Twitter habits have long been under close scrutiny, with investors and regulators expressing concerns about his tweets.

With 29.8 million followers, Mr Musk's Twitter account is a major source of publicity for his Palo Alto, California-based electric car company, which does not advertise.

On Monday, the judge refused a defence request to reverse a decision allowing Mr Unsworth's attorneys to introduce an email Mr Musk sent to the news website BuzzFeed in which Mr Musk chided a reporter there to "stop defending child rapists."

Judge Wilson also refused to reverse a ruling that bars plaintiff's lawyers from introducing Mr Musk's financial statements, after defence attorneys acknowledged in court that their client has publicly put his net worth at $20 billion.

Agencies contributed to this report

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