Elon Musk is set to appear in court as part of a defamation case against a British diver he once described as “pedo guy”.
The Tesla and SpaceX boss will be asked to explain comments he made to Vern Unsworth during a Twitter exchange relating to the rescue of schoolboys trapped in flooded caves in Thailand last year.
Both men were involved in efforts to rescue the children, with Mr Musk coordinating the development of a small submarine designed to help carry the boys out of the cave network.
Mr Unsworth, who advised the Thai government during the rescue mission, dismissed Mr Musk’s scheme as a “PR stunt” and added the billionaire entrepreneur could “stick his submarine where it hurts”.
In a series of since-deleted tweets, Mr Musk said he never saw the British expat when he visited the cave network with Thai Navy Seals, and said the fact he lived in Thailand was “sus”.
He later added: “Sorry pedo guy, you really did ask for it.”
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The 12 boys and their coach in the cave
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A rescue team stands in the entrance to the cave
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A relative shows a picture of the boys after they were found on 2 July
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Thai military inside the cave complex
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The 12 boys and their soccer coach who were rescued from a flooded cave arrive for a news conference in the northern province of Chiang Rai, Thailand,
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The boys and their soccer coach rescued from a flooded cave play soccer
REUTERS
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The young footballers and their coach appeared healthy when they appeared before the media for the first time since the rescue
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Coach Ekapol Chantawong
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The 12 rescued members of the Wild Boar soccer team are greeted by their classmates on a mini soccer pitch
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Rescued Thai football coach Ekkapol Chantawong together with 12 children pays tribute to Thai navy diver, Samarn Kunan, who died whilst attempting to rescue the boys
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Twelve young footballers and their coach rescued from a Thai caves being treated in hospital
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Rescued soccer team members posing with a sketch of the Thai Navy SEAL diver who died while trying to rescue them
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Players writing messages on a drawing of former Navy SEAL diver Saman Kunan who died during attempts to rescue them
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Rescued “Wild Boars” football team members (top row L to R) Adul Sam-on, 14, Ekkarat Wongsukchan, 14, Phipat Photi, 15, Chanin Wiboonrungrueang, 11, (middle row L to R) Pornchai Khamluang, 16, Duangphet Promthep, 13, Peerapat Sompiengjai, 16, Sompong Jaiwong, 13, (bottom row L to R) Mongkol Boonpiem, 13, Prachak Sutham, 14, Nutthawut Thakamsong, 14, and Phanumas Saengdee, 13, recovering at the hospital in Chiang Rai province
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The life vest belonging to Duangpetch Promthep, the rescued captain of the “Wild Boars”,
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Divers from the rescue mission, from left to right: Chris Jewell, Mike Clayton, Rick Stanton, Lance-corporal Connor Rae, Josh Bratchley, Gary Mitchell and Jim Way who helped to save 12 schoolboys and their football coach from a flooded cave in Thailand, speak to media after arriving back at London’s Heathrow Airport
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Volunteers gather for a ceremony before the clean up operation at the Tham Luang cave
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The last four Thai Navy SEALs come out safely after completing the rescue mission inside a cave where 12 boys and their soccer coach have been trapped since June 23, in Mae Sai, Chiang Rai province, northern Thailand. Thailand’s navy SEALs say all 12 boys and their soccer coach have been rescued from a flooded cave in far northern Thailand, ending an ordeal that lasted more than two weeks.
Royal Thai Navy/AP
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People celebrate
AP
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A woman lifts her child near the hospital, seen at left, as ambulance transporting members of the children’s football team arrives
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Volunteers react after hearing all boys were rescued
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Getty Images
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Rescue personnel work at the Tham Luang cave
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Rescue personnel work at the Tham Luang cave
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Onlookers at the junction in front of Chiangrai Prachanukroh Hospital watch and cheer
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Journalists celebrate after a news conferenc
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An ambulance, reportedly carrying members of the rescued football team, arrives at a hospital
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Thai Navy divers in the Tham Luang cave
Thai Navy SEAL via Getty Images
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Rescue personnel work at the Tham Luang cave
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Thai media listen Chiang Rai province acting Gov. Narongsak Osatanakorn
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Police and military personnel use umbrellas to cover a stretcher near a helicopter and an ambulance at a military airport in Chiang Rai as rescue operations continue for those still trapped inside the cave in Khun Nam Nang Non Forest Park in the Mae Sai district. Four boys among the group of 13 trapped in a flooded Thai cave for more than a fortnight were rescued on July 8 after surviving a treacherous escape, raising hopes elite divers would also save the others soon
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Thai military medical personnel walking inside a restricted area as preparations are made to transport rescued boys from Tham Luang cave to a hospital
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Thai authorities placing a rescued boy in an ambulance
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Paramedics, believed to be carrying a boy who has been evacuated after being trapped inside a flooded cave, approach a helicopter in Chiang Rai
Chiang Rai Tourist Police via Reuters
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This frame grab from video tweeted by Elon Musk shows a “tiny kid-sized submarine” being tested in a pool at Palisades Charter High School, in California. Musk’s Space X rocket company tested the submarine that could potentially help rescue the remaining children and their coach trapped in a flooded cave in Thailand.
Elon Musk via AP
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Thai military personnel preparing to move the boys to a hospital
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Emergency workers carrying one of the boys rescued from the cave
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A Thai nurse walks past an ambulance at a covered area of the Chiangrai Prachanukroh Hospital
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Indian schoolchildren hold placards and pictures during a prayer event for the safe rescue of young football players and their coach
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An ambulance exits from the Tham Luang cave area
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A military helicopter carrying rescued schoolboys approaches to land at a military airport in Chiang Rai.
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A group of volunteers prepare to leave in search of alternative entry points to the Tham Luang cave area
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Thai soldiers drag a water pipe to bypass water from the mountain and to not get back inside the cave
AP
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Hundreds of rescuers with equipment continue the rescue operation
Getty
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Monks lead out family members of the boys from the cave site after a morning prayer
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Thai rescue workers take a break
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Water pumps push water out of the cave
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Relatives, of the 12 schoolboys and their soccer coach trapped inside a flooded cave in the Tham Luang cave complex cook, for rescue workers and volunteers near the cave complex
REUTERS
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Rescue teams carry water pipes to the entrance of cave complex
AP
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Thai soldiers and police officers are seen as rescue operations continue for the 12 boys and their football team coach trapped in Tham Luang cave at Khun Nam Nang Non Forest Park in the Mae Sai district of Chiang Rai province on July 7, 2018. More than 100 chimneys are being drilled into the mountainside in a frantic bid to reach a Thai youth football team trapped in a cave complex below, the head of the rescue mission said on July 7
AFP/Getty
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Family members pray in front of a Buddhist statue near a cave where 12 boys and their soccer coach have been trapped since June 23, in Mae Sai, Chiang Rai province, in northern Thailand Saturday, July 7, 2018. The soccer coach trapped in a cave with 12 Thai boys apologized to their parents in the first letter he and the team have sent out through divers, in which the boys say they’re doing well and missing their families
AP
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Thai military inside the cave complex
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Australian Federal Police and Defense Force personnel talk with a Thai diver
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A rescuer prepares a light for diving to reach the 12 boys and their soccer coach
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Soliders are seen near the Tham Luang cave complex, where 12 schoolboys and their soccer coach are trapped inside a flooded cave, in the northern province of Chiang Rai, Thailand
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Water is pumped from a flooded cave
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Thai rescuers rest during the ongoing rescue operation
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Thai military personnel inside a cave complex
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Rescue teams assemble at the entrance to the Tham Luang cave complex
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Thai Navy soldiers in the flooded Tham Luang cave during rescue operations
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Local Thai National Park Rescuers relax at base camp
Getty Images
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Journalists work near Tham Luang cave complex
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A Thai policeman guards an area under rainfall
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A Thai policeman guards an area under rainfall near the Tham Luang cave
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Divers gather before they enter to the Tham Luang cave, where 12 boys and their soccer coach are trapped, in the northern province of Chiang Rai, Thailand
REUTERS
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Thai military bring water pumps to the cave. Videos released by the Thai Navy SEAL shows that the boys, aged 11 to 16, and their 25-year-old coach are in good health in Tham Luang Nang Non cave and the challenge now will be to extract the party safely.
Getty Images
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An honour guard holds up a picture of Samarn Kunan, 38, a former member of Thailand’s elite navy SEAL unit who died working to save 12 boys and their soccer coach trapped inside a flooded cave, at an airport in Rayong province
Reuters
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Military personnel are seen in front of the Tham Luang cave
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The former navy SEAL diver, Saman Kunan, who died trying to help save the trapped boys
Saman Kunan/Facebook
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Rescue workers convene behind a large pile of oxygen tanks
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A Buddhist monk leads military honor guards carrying a flag-draped coffin containing former Thai Navy Seal Petty Officer 1st class Saman Kunan, who died in the ongoing Tham Luang cave rescue operations, during a repatriation ceremony at Mae Fah Luang international airport.
EPA
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Thai students pray for the ongoing rescue operations
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Thai soldiers and police officers pay their respects as a Thai Navy plane carrying the body of Saman Kunan takes off
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Rescue workers prepare frogsuits for soldiers
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The diver’s death raises serious doubts over the safety of attempting to bring the 12 boys and their football coach out through the cramped, waterlogged passageways of the Tham Luang cave.
AP
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Family members pray before a shrine in Tham Luang cave area
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A family member prays before a shrine in Tham Luang cave area
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Thai rescue teams use headlamps to enter a pitch-black cave complex where 12 boys and their soccer coach went missing, in Mae Sai, Chiang Rai province, northern Thailand, Monday, July 2, 2018. The group was discovered late July 2 after 10 days totally cut off from the outside world, and while they are for the most physically healthy, experts say the ordeal has likely taken a mental toll that could worsen the longer the situation lasts.
AP
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The mother of a trapped child reacts during the ongoing rescue operations
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Family members pray before a shrine in Tham Luang cave area
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Grandmother Kham-aoey Promthep, 64, shows a photograph of her grandson, Duangpetch Promthep, who is one of 13 members
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A Thai student shows an image of her classmate Panumas Sangdee, who is one of 13 members of a soccer team trapped
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Buddhist monk Kruba Boonchum visits the site to perform religious rituals
Getty Images
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Thai Prime Minister Prayut Chan-o-cha visits the site
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British cave-divers (from left to right) Richard William Stanton, Robert Charles Harper and John Volanthen join the rescue effort
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Divers prepare for the rescue mission
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A rescuer enters the cave
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The father of one of the missing boys thanks soldiers after the boys are found
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Relatives celebrate after they hear that the boys have been found
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Relatives pray after they hear that the boys have been found
Getty Images
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Relatives celebrate after they hear that the boys have been found
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General Bancha Duriyaphan announces the news to the press
Getty Images
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With the rescue mission still ongoing, Thai soldiers carry equipment into the cave
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With the rescue mission still ongoing, Thai soldiers carry equipment into the cave
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Water is being pumped out of the flooded cave complex in an effort to make the rescue easier
Getty Images
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The 12 boys and their coach in the cave
REUTERS
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A rescue team stands in the entrance to the cave
AP
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A relative shows a picture of the boys after they were found on 2 July
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Thai military inside the cave complex
EPA
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The 12 boys and their soccer coach who were rescued from a flooded cave arrive for a news conference in the northern province of Chiang Rai, Thailand,
REUTERS
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The boys and their soccer coach rescued from a flooded cave play soccer
REUTERS
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The young footballers and their coach appeared healthy when they appeared before the media for the first time since the rescue
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EPA
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Coach Ekapol Chantawong
REUTERS
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The 12 rescued members of the Wild Boar soccer team are greeted by their classmates on a mini soccer pitch
EPA
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Rescued Thai football coach Ekkapol Chantawong together with 12 children pays tribute to Thai navy diver, Samarn Kunan, who died whilst attempting to rescue the boys
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Twelve young footballers and their coach rescued from a Thai caves being treated in hospital
EPA
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Rescued soccer team members posing with a sketch of the Thai Navy SEAL diver who died while trying to rescue them
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Players writing messages on a drawing of former Navy SEAL diver Saman Kunan who died during attempts to rescue them
AFP/Getty Images
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Rescued “Wild Boars” football team members (top row L to R) Adul Sam-on, 14, Ekkarat Wongsukchan, 14, Phipat Photi, 15, Chanin Wiboonrungrueang, 11, (middle row L to R) Pornchai Khamluang, 16, Duangphet Promthep, 13, Peerapat Sompiengjai, 16, Sompong Jaiwong, 13, (bottom row L to R) Mongkol Boonpiem, 13, Prachak Sutham, 14, Nutthawut Thakamsong, 14, and Phanumas Saengdee, 13, recovering at the hospital in Chiang Rai province
AFP/Getty Images
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AFP/Getty Images
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The life vest belonging to Duangpetch Promthep, the rescued captain of the “Wild Boars”,
REUTERS
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Divers from the rescue mission, from left to right: Chris Jewell, Mike Clayton, Rick Stanton, Lance-corporal Connor Rae, Josh Bratchley, Gary Mitchell and Jim Way who helped to save 12 schoolboys and their football coach from a flooded cave in Thailand, speak to media after arriving back at London’s Heathrow Airport
PA
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Volunteers gather for a ceremony before the clean up operation at the Tham Luang cave
AFP/Getty Images
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The last four Thai Navy SEALs come out safely after completing the rescue mission inside a cave where 12 boys and their soccer coach have been trapped since June 23, in Mae Sai, Chiang Rai province, northern Thailand. Thailand’s navy SEALs say all 12 boys and their soccer coach have been rescued from a flooded cave in far northern Thailand, ending an ordeal that lasted more than two weeks.
Royal Thai Navy/AP
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People celebrate
AP
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A woman lifts her child near the hospital, seen at left, as ambulance transporting members of the children’s football team arrives
AFP/Getty Images
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Volunteers react after hearing all boys were rescued
REUTERS
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Getty Images
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Rescue personnel work at the Tham Luang cave
REUTERS
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Rescue personnel work at the Tham Luang cave
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Onlookers at the junction in front of Chiangrai Prachanukroh Hospital watch and cheer
Getty Images
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Journalists celebrate after a news conferenc
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An ambulance, reportedly carrying members of the rescued football team, arrives at a hospital
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Thai Navy divers in the Tham Luang cave
Thai Navy SEAL via Getty Images
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Rescue personnel work at the Tham Luang cave
REUTERS
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Thai media listen Chiang Rai province acting Gov. Narongsak Osatanakorn
AP
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Police and military personnel use umbrellas to cover a stretcher near a helicopter and an ambulance at a military airport in Chiang Rai as rescue operations continue for those still trapped inside the cave in Khun Nam Nang Non Forest Park in the Mae Sai district. Four boys among the group of 13 trapped in a flooded Thai cave for more than a fortnight were rescued on July 8 after surviving a treacherous escape, raising hopes elite divers would also save the others soon
AFP/Getty
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Thai military medical personnel walking inside a restricted area as preparations are made to transport rescued boys from Tham Luang cave to a hospital
EPA
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Thai authorities placing a rescued boy in an ambulance
EPA/Chiang Rai
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Paramedics, believed to be carrying a boy who has been evacuated after being trapped inside a flooded cave, approach a helicopter in Chiang Rai
Chiang Rai Tourist Police via Reuters
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This frame grab from video tweeted by Elon Musk shows a “tiny kid-sized submarine” being tested in a pool at Palisades Charter High School, in California. Musk’s Space X rocket company tested the submarine that could potentially help rescue the remaining children and their coach trapped in a flooded cave in Thailand.
Elon Musk via AP
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Thai military personnel preparing to move the boys to a hospital
EPA
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Emergency workers carrying one of the boys rescued from the cave
EPA/Chiang Rai
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A Thai nurse walks past an ambulance at a covered area of the Chiangrai Prachanukroh Hospital
EPA
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Indian schoolchildren hold placards and pictures during a prayer event for the safe rescue of young football players and their coach
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An ambulance exits from the Tham Luang cave area
AFP/Getty Images
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A military helicopter carrying rescued schoolboys approaches to land at a military airport in Chiang Rai.
REUTERS
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A group of volunteers prepare to leave in search of alternative entry points to the Tham Luang cave area
AFP/Getty
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Thai soldiers drag a water pipe to bypass water from the mountain and to not get back inside the cave
AP
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Hundreds of rescuers with equipment continue the rescue operation
Getty
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Monks lead out family members of the boys from the cave site after a morning prayer
Getty
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Thai rescue workers take a break
AFP/Getty
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Water pumps push water out of the cave
Getty
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Relatives, of the 12 schoolboys and their soccer coach trapped inside a flooded cave in the Tham Luang cave complex cook, for rescue workers and volunteers near the cave complex
REUTERS
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Rescue teams carry water pipes to the entrance of cave complex
AP
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Thai soldiers and police officers are seen as rescue operations continue for the 12 boys and their football team coach trapped in Tham Luang cave at Khun Nam Nang Non Forest Park in the Mae Sai district of Chiang Rai province on July 7, 2018. More than 100 chimneys are being drilled into the mountainside in a frantic bid to reach a Thai youth football team trapped in a cave complex below, the head of the rescue mission said on July 7
AFP/Getty
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Family members pray in front of a Buddhist statue near a cave where 12 boys and their soccer coach have been trapped since June 23, in Mae Sai, Chiang Rai province, in northern Thailand Saturday, July 7, 2018. The soccer coach trapped in a cave with 12 Thai boys apologized to their parents in the first letter he and the team have sent out through divers, in which the boys say they’re doing well and missing their families
AP
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Thai military inside the cave complex
EPA
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Australian Federal Police and Defense Force personnel talk with a Thai diver
AP
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A rescuer prepares a light for diving to reach the 12 boys and their soccer coach
AP
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Soliders are seen near the Tham Luang cave complex, where 12 schoolboys and their soccer coach are trapped inside a flooded cave, in the northern province of Chiang Rai, Thailand
REUTERS
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Water is pumped from a flooded cave
AP
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Thai rescuers rest during the ongoing rescue operation
EPA
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Thai military personnel inside a cave complex
EPA
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Rescue teams assemble at the entrance to the Tham Luang cave complex
AP
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Thai Navy soldiers in the flooded Tham Luang cave during rescue operations
AFP/Getty
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Local Thai National Park Rescuers relax at base camp
Getty Images
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Journalists work near Tham Luang cave complex
REUTERS
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A Thai policeman guards an area under rainfall
AFP/Getty Images
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A Thai policeman guards an area under rainfall near the Tham Luang cave
AFP/Getty Images
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Divers gather before they enter to the Tham Luang cave, where 12 boys and their soccer coach are trapped, in the northern province of Chiang Rai, Thailand
REUTERS
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Thai military bring water pumps to the cave. Videos released by the Thai Navy SEAL shows that the boys, aged 11 to 16, and their 25-year-old coach are in good health in Tham Luang Nang Non cave and the challenge now will be to extract the party safely.
Getty Images
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An honour guard holds up a picture of Samarn Kunan, 38, a former member of Thailand’s elite navy SEAL unit who died working to save 12 boys and their soccer coach trapped inside a flooded cave, at an airport in Rayong province
Reuters
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Military personnel are seen in front of the Tham Luang cave
REUTERS
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The former navy SEAL diver, Saman Kunan, who died trying to help save the trapped boys
Saman Kunan/Facebook
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Rescue workers convene behind a large pile of oxygen tanks
AFP/Getty Images
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A Buddhist monk leads military honor guards carrying a flag-draped coffin containing former Thai Navy Seal Petty Officer 1st class Saman Kunan, who died in the ongoing Tham Luang cave rescue operations, during a repatriation ceremony at Mae Fah Luang international airport.
EPA
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Thai students pray for the ongoing rescue operations
EPA
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Thai soldiers and police officers pay their respects as a Thai Navy plane carrying the body of Saman Kunan takes off
AFP/Getty Images
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Rescue workers prepare frogsuits for soldiers
AFP/Getty Images
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The diver’s death raises serious doubts over the safety of attempting to bring the 12 boys and their football coach out through the cramped, waterlogged passageways of the Tham Luang cave.
AP
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Family members pray before a shrine in Tham Luang cave area
AFP/Getty Images
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A family member prays before a shrine in Tham Luang cave area
AFP/Getty Images
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Thai rescue teams use headlamps to enter a pitch-black cave complex where 12 boys and their soccer coach went missing, in Mae Sai, Chiang Rai province, northern Thailand, Monday, July 2, 2018. The group was discovered late July 2 after 10 days totally cut off from the outside world, and while they are for the most physically healthy, experts say the ordeal has likely taken a mental toll that could worsen the longer the situation lasts.
AP
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The mother of a trapped child reacts during the ongoing rescue operations
EPA
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Family members pray before a shrine in Tham Luang cave area
AFP/Getty Images
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Grandmother Kham-aoey Promthep, 64, shows a photograph of her grandson, Duangpetch Promthep, who is one of 13 members
EPA
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A Thai student shows an image of her classmate Panumas Sangdee, who is one of 13 members of a soccer team trapped
EPA
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Buddhist monk Kruba Boonchum visits the site to perform religious rituals
Getty Images
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Thai Prime Minister Prayut Chan-o-cha visits the site
REUTERS
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British cave-divers (from left to right) Richard William Stanton, Robert Charles Harper and John Volanthen join the rescue effort
AFP/Getty Images
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Divers prepare for the rescue mission
EPA
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A rescuer enters the cave
AP
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The father of one of the missing boys thanks soldiers after the boys are found
AFP/Getty Images
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Relatives celebrate after they hear that the boys have been found
AFP/Getty Images
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Relatives pray after they hear that the boys have been found
Getty Images
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Relatives celebrate after they hear that the boys have been found
AFP/Getty Images
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General Bancha Duriyaphan announces the news to the press
Getty Images
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With the rescue mission still ongoing, Thai soldiers carry equipment into the cave
EPA
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With the rescue mission still ongoing, Thai soldiers carry equipment into the cave
EPA
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Water is being pumped out of the flooded cave complex in an effort to make the rescue easier
Getty Images
The defamation case is set to take place in a federal court in Los Angeles, during which Mr Musk will deny that the term “pedo guy” is an accusation that Mr Unsworth is a paedophile.
“’Pedo guy’ was a common insult used in South Africa when I was growing up,” Mr Musk said in a court declaration. “It is synonymous with ‘creepy old man’ and is used to insult a person’s appearance and demeanour.”
Lawyers for the British diver claim Mr Musk also hired private investigators to hunt for evidence that Mr Unsworth was a child abuser.
Both sets of lawyers have submitted questions for potential jurors in order to ensure an impartial jury.
Lawyers for Mr Unsworth will ask whether jurors own a Tesla, while Mr Musk’s legal team will attempt to weed out people who think unfavourably about billionaires.
One of the questions potential jurors will be asked is: “Do you have a strong opinion about billionaires?”
After deleting his original tweets, Mr Musk posted an apology on Twitter expressing regret at his choice of language.
“His actions against me do not justify my actions against him, and for that I apologise to Mr Unsworth and to the companies I represent as a leader,” he wrote.
“My words were spoken in anger after Mr Unsworth said several untruths and suggested I engage in a sexual act with the mini-sub, which had been built as an act of kindness and according to specifications from the dive team leader.”
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