P.M.G. SUED

Greymouth Evening Star, 8 November 1933, Page 12

P.M.G. SUED

RADIO-OPERATOR’S CLAIM

[fer press association.]

AUCKLAND, November 8. A claim for £.lOOO damages against the Postmaster-General, on the ground of alleged defamation, was made m the Supreme Court, to-day, by Roy Keith radio operator, of Auckland. Counsel said that plaintiff used to be on the air as operator of Station IZR, and had been in the radio business for cloven years. On May 3, he received a letter (for which the Minister accepted responsibility) stating that on the ground that he was deemed to be an unsuitable person to be entrusted with the operation of a broadcasting station, the Minister had directed no further broadcasting license be issued to him. “We claim that this man has been victimised,” said counsel. “There may be a question of privileges entering into tho letter, but we claim that we will be able to prove malice.” Mr. Justice Herdman: You adnm qualified privilege. That puts on your

shoulders the responsibility to prove malice or motive.

Counsel: If there has been a policy on the part of the departmental officers, to take such action as would put B stations out of existence, 1 Y? 11 prove ill-will. Plaintiff, as one of the members, comes within the ill-will. His Honor: This is purely a personal action. . Counsel: Against the Minister or his agent. If the officers of the Department are actuated by ill-will spite, or any motive,-and are determined to put the B stations off the air, I submit that would Show malice on the part of the Minister or his officers. ' Counsel said that the lettei had a sinister suggestion, and was a slur on the plaintiff’s character. His means of livelihood had been taken away. Plaintiff had been pestered by the Department since he began operating, and his correspondence had' been interfered with. Restrictions had been placed on him, but not on other operators. His Honor: There may have been some special reason for it. Counsel for the Crown objected to the attempt to discuss the conduct of other stations, and the Judge said

that the letters -which passed between Keith and the Department could be read, if they showed spite or malice. He asked what letters indicated malice,;.' , ’ ' ... -

Plaintiff’s counsel replied: “Those saying that this man could not do certain things, while other stations were doing them.” The hearing is proceeding.