CLERK’S SLANDER CLAIM

Hawera Star, Volume LIII, 18 August 1933, Page 6

CLERK’S SLANDER CLAIM

SUIT AGAINST COUNCILLOR BENZINE AT EASTBOURNE. COMMENT AT MEETING. CASE AGAIN ADJOURNED. (By Telegraph—Vresf Association.! WELLINGTON, Aug. 17. The hearing was continued to-day ot the case in which C. L. Bishop, town clerk at Eastbourne, claimed £3OO damages for alleged slander from A. T. R. Duncan, a member of the Eastbourne Borough Council. T.»ie allega-

tion is that Duncan at a large public meeting used words that the plain-j tiff contends meant that Bishop had taken benzine, the property of the. council, in excess of his free allowance and without paying for such excess, therebv committing theft as a servant. Further evidence was given for Bislrop concerningr statements \vhich Duncan was alleged to have made at a public meeting. Mr. Leicester, counsel for Duncan, said Duncan had been engaged in municipal affairs for more than i-0 years. He was a man who would not hesitate to express an opinion or perform an act if he thought it was in the interests of the people whom he desired to serve. Duncan believed the administration of a certain department was faulty and that it was an abuse of the system that Bishop should be able to purchase petrol through the council for less than the price at which he could purchase it elsewhere. Duncan made no direct allegation of limit and had not used words which would support any such allegation. •Counsel applied for a non-suit on the ground that the remarks of Duncan were fair comtnent and that the words used enjoyed qualified privilege. The magistrate reserved his decision on this point. Margaret Magill, deputy-Alayor Oi Eastbourne, in evidence said the impression she gained at the meeting aa as that Duncan wanted to stop Bishop from receiving petrol supplies at the council garage. She did not receive the impression that Duncan charged Bishop with the theft of petrol. The general looseness of the system was the thing referred to. Duncan in the box said the mam portion of his address had been directed to maladministration of the services generally, particularly the bus department. fie was satisfied Bishop had been completely honest in his benzine transactions. He bad not charger* him with dishonesty. - . Leonard Charles Roffe, clerk m the office of the Eastbourne Borough Council, said he remembered the Government audit inspector visiting the office. The inspector had gone away before the audit was completed and had returned. Mr. Leicester: Did you receive instructions concerning some papers?— Yes, I was told to take a sack a papers down to be burnt. Mr. Leicester: After the auditor had been and before he returned? —Yes. Who gave you the instructions? —Air Ely, a clerk in the office. Is lie a relative of Bishop?—-I have heard he is.

Were some of these papers running sheets?—l could not say definitely what was in the bag. Did you see some running sheets Tinder a desk at the time of tho first Visit'?—Yes. After further evidence on behalf ol Duncan had been given the caso was adjourned until Monday.