An Irish magician accused of filming another artist’s show has hired a high-profile libel lawyer and is considering taking legal action against The New York Times.
Derek DelGaudio, an American performer, alleged that two professional magicians had been caught filming his popular In & Of Itself show at a New York theatre in June.
He made the allegation on social media and the story was picked up by The New York Times. The article, Hat. Rabbit. Spy Cam? Claims of Skulduggery at a Hot Magic Show, stated that David Meade, a mentalist from Co Down, was one of the accused.
The New York Times said a technician at the theatre became suspicious “about a light pulsing from the smartphone propped up” in Meade’s breast pocket. It claimed that Meade “took the phone out of his pocket and held it under his chin, as if pointing it at Mr DelGaudio.”
The New York Times saw the theatre technician’s recording of events. It said the pulse was visible on his monitor, which has infrared capability, but apparently not to the naked eye.
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The newspaper also said a house manager inspected Meade’s iPhone and found no recordings. Meade told the newspaper he had no video, audio or photographic recordings from the show and that he “categorically refuted” the claims.
The accusations were picked up by other media and, according to The New York Times, spread within the magic community. Meade, who has made programmes for the BBC and works as a corporate speaker, has hired Paul Tweed, a Northern Irish lawyer who has represented Justin Timberlake, Jessica Biel, Britney Spears and Harrison Ford.
“All I can say at this stage is that we’re considering action against The New York Times,” said Tweed. “There’s a defamatory inference [in the article] that David has behaved improperly.” He said Meade denied filming DelGaudio’s magic show.
The case presents jurisdictional issues as the article was published by a New York-based newspaper but the American state has strong freedom of speech protection and it is difficult for a plaintiff to prove defamation there.
By comparison, Ireland is known for its stricter libel laws. The New York Times website can be accessed by people in both the Republic and Northern Ireland so it may be possible to take the case here.
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The New York Times article, published in July and still available on its website, reported DelGaudio’s claim that, a few days after Meade came to see the show, he spotted another man filming the show. DelGaudio said that he asked the man, identified as a magician by an usher, to delete the footage.
“Mr DelGaudio, 33, is fiercely protective of his original material. But he said that he was also alarmed by what he saw as attempts to bottle ‘the capital-M magic’ of a show intended to be an in-person-only experience,” said The New York Times, which quoted DelGaudio as saying: “I’m kind of living my childhood fantasy of creating a Willy Wonka factory.”
In & Of Itself opened in New York in April. It had been scheduled to run until June 18 but the show’s popularity has seen it extended until the end of the year.
It is described as a show about identity in which audience members are asked to consider how they view themselves. An earlier New York Times review described the show as “a short evening of sly and artful deceptions and effects.”
Meade is a university lecturer and researcher in international business. He has been practising magic for almost two decades. Television projects include Make Believe, a six-part series for BBC Northern Ireland broadcast in 2012, and 2014’s Million Dollar Bet, in which the magician uses his skills for high-stakes gambling.