NO MALICE FELT

Evening Post, Volume CXXII, Issue 14, 16 July 1936, Page 11

NO MALICE FELT

STATEMENTS UNTRUE

SEAMAN'S LIBEL ACTION

OFFICIALS' REGRET

Freely disclaiming belief in statements that had been published regarding Douglas Gibson, a member of the Seamen's Union, the two union officials against whom Gibson has proceeded for £600 damages for libel, in a statement to the Supreme Court today, expressed their regret that the statements were published. They assured the plaintiff that they had never entertained any feeling of malice towards him, and at no time had they prevented him from obtaining employment.

The defendants in the action were Fintan Patrick Walsh and Felix Newfield, for whom Mr. E. P. Hay appeared. Mr. L. K. Wilson and Mr. Lan Macarthur appeared for the plaintiff.

When the case was resumed today Mr. Hay, instead of proceeding with the evidence for the defence, produced a statement -to his Honour Mr. Justice Blair.

"The absence of a plea of justification was in the defendants' view an admission that the statements complained of by the plaintiff were untrue," said Mr. Hay, reading from the statement, "but, having regard to the observations from the Bench that some express indication to that effect should be made, the defendants freely disclaim any belief in such statements.

"The defendants would like to assure the plaintiff (as Mr. Walsh had already intimated in the previous case) that they have never entertained any feeling of malice towards him. The statements referred to were published by the union to its members in good faith, and those responsible for them were actuated solely by what they regarded as the best interests of the organisation. The statements having since been proved to be untrue, the defendants express t^eir regret that they were published, even although they consider a privilege attached to them.

"This statement is tendered .particularly in view, of the contention put forward yesterday by the plaintiff that the non-withdrawal of the statements complained of led to his being! deprived of the opportunity of earning his living. The defendants give their assurance to the Court-that at no time have they; in any way attempted to prevent the plaintiff from obtaining employment, nor have they any intention of doing so in .the-future."

Elaborating the statement, Mr. .-Hay said that in the course of the lengthy case last year before the Chief Justice it was stated by Walsh in his evidence that had Gibson come forward at the appropriate time to show documentary evidence in his possession, and not in the possession of the union, the course of events might have been entirely different so far as he was concerned. The present statement was made as a gesture" to the plaintiff, showing that no malice existed.

On the suggestion of his Honour, the Court adjourned to allow his Honour and council to confer.