DAMAGES CLAIMED

Hokitika Guardian, 17 February 1930, Page 3

DAMAGES CLAIMED

MALICIOUS STATEMENTS IN LETTER.

INVERCARGILL, February 13,

Damages to the amount of LiOJ were claimed uy Herbert Campbell, ol \Vaikawa, farmer in an action against Robert Hamilton senior, of Waikawa, farmer, in the Magistrate's Court today. • Plaintiff claimed that on April 26th 1925), defendant falsely and; malicious ly wrote and published in a letter to L>a\ id MelXmgall, M.P. these words: ‘‘l also object to this Mr Campbell as a neighbour ,as it is not. long since lie, came put of ,the asylum and is a. dangerous follow when annoyed.” Defendant, it was claimed, meant thereby that plaintiff was a man of unsound mind on occasion, who committed acts of violence towards his neighbours and was a menace to the community. Hy reason of this statement

. bdntiff’s reputation, it was alleged had been injured. Mr Hall Jones, Tor plaintiff, stated the facts of the case- and said that Campbell was a well-respected man, a returned soldier wVio bad suffered wounds and'bad the misfortune to. •ev/n/.l' unnie timp •in the mental hospital.: The grounds for Ills act arose when .he .was.applying for. a section o.i. band.. He had, then been free .of.mental trouble for several years and tli .statement, it, wn.s,claimed., was :ipade with -slanderous .intent to. prejudice hjs chances.

• -. defence raised the plea of qualified privilege. .... ; ■ In giving his decision tire Magistrate; -said the statements were undoubtedly -.libellous per se. The suggestion that plaintiff was a dangerous fellow was a very Unhappy and serious one to make, it had been proved conclusively that plaintiff was a lawnhiding citizen, who was held in * :l > highest respect by all who knew him Even had he found that qualified privi lege existed it would have been •overridden by the malice evidenced by defendant. ' Magistrate fixed da maces a* £35, with costs against defendant.