ACTION FOR LIBEL

Hawera Star, Volume XLIX, 15 February 1930, Page 8

ACTION FOR LIBEL

VERDICT' FOR- £35. REJ V iEEGE ELEA REJECTED. (By Telegraph—Press Association^ INVEIROAR.GIEL, Feb. 13. Damages amounting to £IOO for libel were Claimed by Eterbert Campbell, farmer, of Waikawa, from .Robert Hamilton, sen., farmer, qf Waikawa, in the Magistrate's Court to-day. He was awarded £35.

Campbell claimed that on April 26, 1929, Hamilton falsely and maliciously wrote and published, in a letter to David McDougali. M.P., these words: “1 also object to this Mr Campbell as a neighbour, aw it is not long since he came out of the asylum and he is a dangerous fellow when annoyed.” Hamilton, it was claimed, meant thereby that Campbell was a man of unsound mind on occasions who committed acts of violence towards, his neighbours, and was a menace to the community. !3y reason of this statement Campbell’s reputation, it was alleged, had been injured. His counsel s t aid that Campbell was a well-respected man, a returned soldier who had suffered wounds and had 1 had the misfortune to spend some time in a mental hospital. The grounds for bis action arose when be was applying for a section of land. He had then 1 been free of mental trouble for several years, and the statement, it was claimed, was made with slanderous intent to prejudice his chances. The defence raised the plea ol’ qualified privilege. In giving his decision, the magistrate said the statements were undoubtedly libellous.. The suggestion that Campbell was a dangerous fellow was a very unhappy andi serious one to make. It bad been proved conclusively that Campbell was a law-abiding citizen who was held in the highest respect by all who knew him. Even had he found qualified, privilege existed, said the magistrate, it would have been overridden by the malice evidence by Hamilton .

The magistrate fixed damages at £35 with costs against Hamilton.