The spat between the two erupted after Unsworth disregarded the mini-submarine who Musk and workers at SpaceX had constructed to help in the rescue of a bunch of Thai boys that had been trapped in a muddy cave this past year.
There isn't a proof that Mr. Musk intended or believed that his July 15 post, that Mr. Unsworth was "sus" or 'pedo guy, ' can be interpreted as fact, the filing mentioned.
In a recent court filing related to Unworth's defamation suit, Jared Birchall, president of Excession LLC, Musk's family office, wrote that he hired James Howard a private investigator and president of Jupiter Military & Tactical Systems in August of 2018 to investigation Unsworth. A few days after the boys were rescued, he told CNN in an interview that Musk's escape pod "had absolutely no chance of working" and said Musk can "can stick his submarine where it hurts".
Mr Musk's comments on Twitter have been controversial on other occasions.
It later emerged that Musk paid a private investigator $50,000 to investigate Unsworth, and was informed that the diver had married a 12-year-old child bride. Musk told the court that following the PI's reports he became anxious Unsworth being a pedophile could be "a real situation" and thought "what if what we have here is another Jeffrey Epstein".
Although he eventually deleted the tweets following an outcry, Mr Musk has made a series of remarks since implying Mr Unsworth's past is worth investigating. "Pedo man was a frequent insult employed in South Africa when I was growing up".
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In the filing, Musk's team claims Unsworth can not meet the "high burden" of proving defamation.
Elon Musk has said he never meant to accuse a British diver of paedophilia, arguing he was instead suggesting he was a "creepy old man". "With that said, we aren't looking to frame anyone". We are in a position to compose one of many mini-sub/pod going your entire technique to Cave 5 no problemo.
But Musk did not provide further explanation for a later tweet in which he said he would bet a dollar that Unsworth was a "pedo".
The filing makes reference to Musk's apology to Unsworth. Still, the speculation was enough for Musk to email a BuzzFeed News reporter to accuse Unsworth of being a "child rapist" who had taken a "child bride who was about 12 years old at the time".
Mr Unsworth is seeking compensatory and punitive damages.
Now, I know a few South Africans, and none of them are across this "pedo guy" insult idea - that said, they're all a bit younger than Musk, too.
"There is no evidence, let alone clear and convincing evidence, that Mr. Musk's tweet, "betcha a signed dollar it is true" was meant to suggest that his prior statements were factual. I don't know if it's true".