$2000 LIBEL DAMAGES CLAIMED BY PRISONER

Press, Volume CVIII, Issue 31726, 9 July 1968, Page 24

$2000 LIBEL DAMAGES CLAIMED BY PRISONER

(New Zealand Press Association) AUCKLAND, July 8. Ronald John Jorgensen, who was convicted in 1964 on a charge of murdering Kevin James Speight at Bassett Road, Remuera, today claimed $2OOO damages in the Supreme Court against News Media (Auckland), Ltd, for alleged libel.

Mr Jorgensen, represented by Mr P. A. Williams and Mr K. Ryan, claims that words published in the “Sunday News” on July 9, 1967, injured his reputation and brought him into odium and contempt.

He is now serving a sentence of life imprisonment and appeared today seated in front of the dock and flanked by two prison officers. Mr Jorgensen was convicted with John Frederick Gillies, on a charge of murdering Mr Speight on or about December 5, 1963.

The publication complained of is quoted as follows in the statement of claim: “Jorgensen and John Frederick Gillies—also in the same block—machine-gunned Kevin Speight (26), seaman, whose body was found in a home in Bassett Road, Remuera, in December, 1963, along with the bullet-riddled body of salesman, George Frederick Walker.”

Mr Jorgensen says he denies and has always denied he was in any way responsible for the killing of Speight or Walker.

He alleges the words meant and were understood by the persons to whom they were so published to mean that he was responsible either as a principal or as a party to the murder of Speight and Walker.

He says the publication was false and malicious and he was injured in his reputation and brought into odium and contempt. WORDS ADMITTED

News Media (Auckland), Ltd, represented by Mr J. H. Dunn and Mr C. R. Pidgeon, admits publishing the words as part of an article to which it craves leave to refer. It denies injury to Mr Jorgensen’s reputation. Alternatively, the statement of defence savs that if it is proved that the natural and ordinary meaning of the worjds is that alleged by Mr Jorgensen, which is denied by the defence, then in that meaning they are true in substance and in fact. As another alternative defence, it is alleged that Mr Jorgensen had at all material times a generally bad reputation and suffered no injury to it as a result of the publication.

When the action opened today before Mr Justice Hardie Boys and a jury of 11 men and one woman, counsel for Mr Jorgensen, Mr Williams, said the case was an important one and some aspects of it made it unique, as far as New Zealand was concerned.

“Jorgensen comes to you from the high security cells of the prison, where he has been for four years serving a life sentence for murder,” said Mr Williams. “He will tell you according to his testimony he is innocent of the murder he is charged with. The evidence will be that a certain part of public opinion agrees with him.” MURDER DENIED In evidence, Mr Jorgensen, aged 35, said: “I swear now before God and my mother’s head that I never had anything to do with the death of those two men. lam innocent of those two murders in Bassett Road.”

. He said that in December, 1963, he met a man called Gerald Wilby, who owned a beer house in Anglesea Street, Ponsonby. Mr Jorgensen said he worked there. A short time later he met Mr Gillies, whom he had previously met in Invercargill in 1950. He also met a girl called Lola Fleming.

As a result of something he was told he went to a flat where Mr Gillies and Miss Fleming were living. He was quite worried. He said he parked his car in another street and went into the flat as quietly as possible. He saw Mr Gillies, with his clothes hanging off him in shreds.

Chairs were-overturned and cushions were on the floor. A butcher's carving knife was on one end of the floor. Mr Jorgensen said he told Mr Gillies be did not think a man called Shaw was serious about getting a firearm to cause the death of Mr Gillies and Miss Fleming. The next day, December 4, 1963, he borrowed Mr Wilby’s car and a woman called Lucy Toko went with him. They called at Miss Fleming’s flat. The door was locked but it was opened after Mr Jorgensen made himself known. When he entered the flat Mr Gillies leapt from behind the door with a machine-gun and covered him. Mr Gillies put the gun down when he recognised Mr Jorgensen. The four people had a drink at the flat and Miss Fleming produced a suitcase into which Mr Gillies put the machine-gun. Late in the evening all four went to Anglesea Street, where, Mr Jorgensen said, he served beer and spirits during the evening. Toward the end of the evening, he said, Mr Gillies went outside and returned with the suitcase containing the machine-gun. WHITE PILLS Mr Jorgensen said he saw Miss Fleming open her handbag and give Mr Gillies a white pill, or perhaps two. She had a little bottle of pills and a marijuana reefer. He said he left the room because he did not want to get involved with narcotics. That evening he had a telephone conversation with the man called Shaw and mentie ned the fight and argument he had had with Mr Gulies. “I told him I believed he was to go to a beer house

at Bassett Road and eject a man called Walker, and he (Shaw) was to form a partnership with Speight.” Mr Jorgensen said he told Mr Shaw this was an unwise move because Mr Gillies had a gun, was smoking narcotics, and was very hostile. Mr Jurgensen said he came out of his room about 1 a.m. and Mr Gillies and Miss Fleming left shortly after in Mr Wilby’s car. He said Mr Wilby went to bed and he himself had a meal. He said he left Anglesea Street between 4 a.m. and 4.30 a.m. to drive Mr Gillies and Miss Fleming to their flat He said from what they tcld him he received an impression, but he did not know whether he could believe what he was told and whether to take it seriously. He said there was a discussion at the flat and he was worried about what was being said. He asked for a clearer explanation of what was being hinted at. He said he telephoned a friend called Heather Hutchison and left with her. He told her he thought a man called Barry Shaw could possibly hve been shot and asked her to say she had been with him.

He said he worked in the early afternoon that day and went to Miss Fleming’s flat about 5 p.m. A locksmith was there putting a new lock on the flat door. That night he ran a two-up game at Anglesea Street and Mr Gillies came round about midnight. Earlier, Mr Jorgensen said, he had seen Mr Shaw and had told him he was relieved to see him, as he thought Mr Shaw was possibly dead. FIRST KNOWLEDGE

Mr Jorgensen said on Saturday, December 7, he found Mr Speight and Mr Walker had been found shot at Bassett Road. This was the first time he had heard of the shootings. Mr Jorgensen said he received a telegram saying: “You’re next cab off the rank, Jack.” He said he gave this to the police but it was not produced at his trial.

Mr Jorgensen said that after his trial his relationship with the “Sunday News” was friendly. He was approached by a reporter and he told the reporter he wanted the New Zealand public to know that he wanted to undergo questioning under a “truth drug” if there was such a thing. He was sent a copy of the “Sunday News” once a week. The newspaper organised a campaign to finance his appeal to the Privy Council in England. He said that from the “Sunday News” early attitude to his case he had the impression it thought him innocent or at least that he deserved a retrial. He said he did not know bis name was to be used inthe article on July 9. He thought he was to be anonymous.

He agreed that an apology appeared in the paper on August 6. The case will continue tomorrow.