POLICEMAN'S APPEAL

New Zealand Herald, Volume LXIX, Issue 21254, 6 August 1932, Page 9

POLICEMAN'S APPEAL

ALLEGED LIBEL ACTION 'RIGHT TO PROCEED UPHELD i SYDNEY, Aug. j Six Judges of the High Court of Aus- ' i tralia have ruled that a police officer's I report concerning a subordinate's conduct does not enjoy the protection of , absolute privilege and may be sued upon ! J if the person offended considers himself : | defamed. 1 | Constable William Gibbons brought an action for alleged libel against Police Inspector Thomas Duffell concerning allegations in a report furnished by the latter 1 to the Superintendent of Police when ' Gibbons sought transfer from one division » to another. The Supreme Court held that I as in tho case of the military an<f naval . forces, the privilege attaching to the pub- ■ lication of Inspector Duffell's report was r absolute. The High Court, on the contrary, upon 1 appeal by Gibbons, held that publication - was not absolutely prifjleged and allowed 3 the appeal with costs against the respon- . dent. s The Chief Justice said it might be ! better for the police force, if worse for t the individual, that libel actions between B policemen should be disallowed, but the a Legislature had not said so. There was s not sufficient warrant in the principles of common law for denying to one police officer tho protection of the law from malicious defamation by another.