DEFAMATION.

Press, Volume LXI, Issue 18551, 28 November 1925, Page 18

DEFAMATION.

AN ELECTION PAMPHLET. (press association telegram.) AUCKLAND, November 27. Mr J. W. Poynton, S.M., gave judgment this morning in an action for defamation brought by Mr Hall Skelton, candidate for' Eos-kill, against Henry Hastings Seabrook, arising out of two pamphlets which related to complainant's character. The case'was heard on November 20th. The Magistrate said the statements complained o£ were widely distributed and were self-evident of the intention to influence the votes of the electors. Mr Poynton quoted from the pamphlet several paragraphs and said that in a community that prides itself on its loyalty to the British Empire such remarks are certainly calculated to' bring a man into contempt, and arouse hatred against him. The most charitable reading of the statements could not view them otherwise than as defamatory. No evidence was called to attempt to prove the truth of the statements, the defence relying on certain literature put in, and complainant had denied upon oath that the statements in such literature were true. Statements made about the Sinn Fein organisation might be correct, but they were obviously made with the intention of discrediting complainant as a candidate, and it would be necessary for the defence of such assertions not only to prove they were true, but that complainant knew they were so. These facts had not been proved. This case being the firsE under the Legislature Act of 1908* Section 158, defendant would not be severely punished. He apparentlv acted on advice. Defendant was fined £2 on each charge, and ordered to pay costs, £5 16s. . ' .