Drugs defamation settled by Avon

Press, 13 May 1981, Page 1

Drugs defamation settled by Avon

Radio Avon, Ltd, has settled the defamation claim against it by the Christchurch barrister, Mr Gerald Ross Lascelles, and an apology to Mr Lascelles was read in the High Court at Wellington ■ yesterday. The amount of the settlement was not disclosed, but the apology acknowledged that the Radio Avon, “report was wrong.” Between June 6-12, 1979, in a number of news broad 7 casts, Radio Avon referred to Mr Lascelles as being involved in drug dealing, said the statement read to to the Court. “In doing so, Radio Avon had meant to report on matters relating to illegal drugs which had been raised in Parliament.”

At that time, the Broadcasting Corporation of New Zealand had decided not to screen on television a documentary on illegal drugs. The corporation had considered that there were matters within the documentary which could not be substantiated and which might be defamatory. The member of Parliament for Auckland Central, Mr R. W. Prebble, then tabled a transcript of the documentary in Parliament, so that its contents would be privileged and therefore publishable. Among those named in the documentary was Mr Lascelles. “Mr Lascelles immediately denied any such involvement and issued proceedings against two news-

papers and Radio Avon,” said the statement read in Court yesterday. Proceedings against the two newspapers are continuing. Radio Avon represented by Mr T. F. Fookes and Mr G. P. F. Thompson) has apologised to Mr Lascelles (represented by Mr C. B. Atkinson and Dr M. G. F. Orchard). “In the course of investigating the facts for the purpose of defending these proceedings, Radio Avon has learned that there was no foundation for the allegation against Mr Lascelles,” said the statement. “Accordingly its defence of the proceedings was limited to a claim of privilege in respect of accurate reporting of proceedings of Parliament.

“Radio Avon now accepts that Mr Lascelles was not involved in drug dealing or other criminal activity in any way,” he said. “On Tuesday, January 15, 1980, Radio Avon in three news broadcasts reported that a number of magazines had been seized by the Customs Department from Mr Lascelles’s home and referred to the Indecent Publications Tribunal. Unfortunately, in two of these broadcasts reference was made to Mr Lascelles’s alleged involvement with drugs. “That report was wrong as there had never been any such seizure,” the statement said. “Moreover,

Radio Avon repeated the allegation in spite of an invitation from Mr Lascelles’s legal advisers to check its accuracy with the Customs Department. “Radio Avon has paid a generous sum of money into Court in Mr Lascelles’s defamation proceedings which he has agreed to accept in satisfaction of his claim against Radio Avon, subject to a proper apology. “Radio Avon acknowledges that Mr Lascelles must have been severely damaged by publications for which it has in part been responsible,” he said. “Radio Avon acknowledges that its investigation of these matters had disclosed no credible evidence that Mr Lascelles has at any such time been involved in any criminal offence, whether in relation to drugs, indecent literature, or otherwise.

“Radio Avon apologises sincerely to Mr Lascelles for any injury which he has suffered,” said the statement. “It hopes this acknowledgement will assist in confirming him in the standing of honour and respectability Jn the community which he has always properly enjoyed.” The Chief Justice, Sir Ronald Davison, struck out all proceedings against Radio Avon in accordance with the settlement.