DAMAGES FOR LIBEL.

New Zealand Herald, Volume LXVI, Issue 20263, 24 May 1929, Page 13

DAMAGES FOR LIBEL.

TEACHER WINS ACTION.

aURY AWARDS SUM OF £l5O

STATEMENTS IN A LETTER. WRITER ACTUATED BY MALICE. The libel action brought by Laurence Topping Donaldson, headmaster of the Motukaraka school, near Itawcne (Mr. Johnstone' and Mr. Butler), against Leonard Sidney Barrel!, butter factory manager, of Motukaraka (Mr. Sullivan and Mr. Prendergast), was concluded in tho Supremo Court yesterday, before Mr. Justice Kennedy arid a jury of 12. The alleged libel was that Barrell, as chairman of the local school committee, wrote to tho Auckland Education Board a letter containing tho following statement: —"I havo to report that Mr. Donaldson, head teacher, has on various occasions interfered in an improper manner with the clothing and persons of my two children, Gwendoline and Muriel." For this tho plaintiff claimed £SOO damages. The jury brought in a verdict for plaintiff. awarding him £l5O damages. Evidence in support of the charges in the letter was given by the defendant, who said that he had lived in Motukaraka for the past nine years. He admitted havihg sent a message to Donaldson asking him to canc a girl for trying to ride his daughter down. With reference to another caning incident, defendant said that he had complained to Donaldson, not for having caned his daughter, but for having caned her on the arms and shoulders instead of the hands. 'At tho annual meeting of householders last year, of which he was appointed chairman, ho refused to allow Donaldson's conduct to be discussed, as the matter was in tho hands of the police. Harmonious Relations Sought, Defendant said that when he asked Donaldson to work more harmoniously ■with tho school committee Donaldson said that that was impossible, as he recognised only the Education Board. The first information he had of the serious charges against Donaldson was when Air. Basford spoke to him in February of last year. Between that time and his formal complaint in September, ho had complaints of a similar nature made to him by Messrs. Basford, Beazlev and Te Hira. The first information ho had of complaints from his own daughters came to him from the polico last May. Defendant denied having made any of a number of statements against Donaldson, of which evidence had been given by witnesses for tho plaintiff. He denied having advised Basford to go to the polico with bis charges. When tho first Education Board inquiry was held, the board know of the more serious charges against Donaldson. Ho absolutely believed the complaints that his daughters made to him.

In cross-examination by Mr. Johnstone, defendant admitted that he had written to tho. board last August suggesting that Donaldson should bo removed because Donaldson had made a false charge against him. He knew then of the grave charges against Donaldson, but did not mention them at that time. Much of the evidence for the plaintiff was absolute fabrication. Although he knev,Donaldson was guilty of these dreadful things, he invited Donaldson to work amicably with him because as chairman of the committee it was Jus duty to see that things worked smoothly. Apology Declined. Defendant admitted that there was "nothing of a sex kind" in what had happened, but he thought Donaldson had acted improperly. Nevertheless ho declined to. make the apology asked for. He did not think Donaldson was a lit and proper person to teach. The defendant's oldest daughter, Gwendoline Mary Barrell, aged IG, who left the Motukaraka school at the end of 1924, then gave evidence. Similar evidence was given by Muriel Barrell, aged 14. Ernest George Basford, present secretary of the Moaikaraka School Committee, said that ho took his daughter away from the school last July because of Donaldson's conduct toward her. Barrell had not influenced him in hi,s decision to go to the police with liis daughter's complaint. He considered that Barrell maintained a good attitude to Donaldson at the two inquiries and did riot show hostility. In reply to Mr. Johnstone, witness admitted that he had done nothing at all about his daughter's complaint until he received from Donaldson a threatening letter. Then he went immediately to the police. Maxwell Beazley. a member of the school committee, deposed that ho had seen no signs of hostility by Barrell to j Donaldson at tiie inquiries. Issues for tho Jury. Mr. Sullivan, in addressing the jury, I emphasised the grave importance of tho case to school teachers and school committees, to parents and to children. The j first defence was that the charge made in ; the defendant's letter was true. The plaintiff suggested that this was a diabolical plot hatched with a view to ruining him. Even if tho. defendant had been mistaken ho had a perfect right to make i such a complaint, believing it to be true. The letter was written with great restraint and asked for an inquiry into tho charges.

Jlr. Johnstone submitted that this was a clear and plain case of a serious libel, aggravated in some measure by the way iu which the defendant's case had been presented. Thero was ample and complete evidence of malice. The case was not one for slight damages, and he invited the jury to award such a sum as would mark its disapproval of Barrel's conduct. Jlis Honor instructed the jury that in order to succeed in this action the plaintiff must prove malice. lie submitted the following issues:—(1) Wcro the words set out in the statement of claim defamatory of the plaintiff? (2) Were the words true? (3) Was the defendant in publishing the words actuated by inalico against the plaintiff? (4) What, damages is the plaintiff entitled to recover ? The Judge said the jury would have no difficulty in deciding that the words were defamatory. On the second question they must be satisfied beyond all reasonable doubt, and could they say it was beyond doubt when there was so much contradiction in the evidence? -After a retirement of more than three arid a-half hours the jury returned to report that they had unanimously found the ■words defamatory, and that the defendant was actuated by malice. They awarded £l5O damages, His Horor entering judgment accordingly with costs.