Chappell appeal upheld

Press, 19 June 1984, Page 25

Chappell appeal upheld

NZPA-AAP Sydney The Court of Appeal has ordered a new trial of a defamation action by the former Australian test cricket captain, lan Chappell, against Mirror Newspapers, Ltd. The three appeal judges unanimously upheld an appeal by Chappell against a jury’s unfavourable verdict and set the verdict aside.

Chappell, aged 41, had complained about articles which appeared in “The

Australian" on January 1, 1980, and the “Daily Mirror” on February 27, 1980.

The article in “The Australian” reproduced part of an article by an English cricket writer which criticised Dennis Lillee and lan Chappell, claiming it would be an obscenity for them to play in the centenary test at Lords.

The article in the “Daily Mirror” referred to “racist sledging” allegedly fired by Chappell at a New South

Wales player, Len Pascoe, during a Sheffield Shield match.

The jury of four found that the two articles carried imputations which were defamatory of Chappell, but that his reputation was not likely to be further injured by them. The jury therefore awarded Chappell no damages.

The Court of Appeal, comprising Mr Justice Moffitt, Mr Justice Samuels and Mr Justice Priestley found that the trial judge, Mr Justice Begg, had committed errors in admitting certain evidence, in rulings on law and in directions to the jury.

They ordered a new trial of the action.