ACTION FOR LIBEL

New Zealand Herald, Volume 82, Issue 25318, 27 September 1945, Page 7

ACTION FOR LIBEL

VERDICT CONTESTED LEGAL ARGUMENT HEARD Questions of law that were reserved at the close of the hearing of the recent libel action against the Auckland Harbour Hoard were further argued before Mr Justice Callan yesterday. A claim for £OSO damages for alleged libel and slander was brought* against the board (Air Hauler) by a dredge fireman, Lawrence Joseph Keenan (Mr Haigh and Mr A. K. Turner), and the jury awarded him £l(M) damages on the libel issue, but found for the defendant on the allegation of slander. Over a fortnight Mr Hauler moved for judgment, or for a nonsuit or for a new trial

Dealing with the motion for judgment for defendant, Mr Turner submitted that the Harbour Board was not a person within the meaning of the relevant section of the Emergency Regulations. The act of the board was not in the intended execution of the regulations, but merely in their pretended execution. The board, in Sending a letter which the jury had found to be tainted with malice, was using the Act as a cloak for an improper action. The plea of absolute privilege could not stand, because the manpower officer to whom the letter was sent was not a judicial tribunal, but merely an administrative officer. Nor could tiie letter be treated as a first step in an appeal before an appeal committee. Mr Haigh submitted argument against the motions for a nonsuit, for setting the verdict aside and for a new trial. H e submitted that there was evidence of malice and deemed that the verdict was against the weight of evidence or inconsistent.

In replying, Mr Hairier argued in support of his contentions that the manpower officers ' inquiry was a judicial proceeding, and that the board's letter must be privileged, because it opened the way to judicial proceedings that were admittedly privileged. The hearing was adjourned until today.

PRIiNTIMG TRADES NEW AWARD FOR WOMEN A new award covering female employees in the printing trades within a ten-mile radius of Auckland has been issued by the Arbitration Court providing for an increase in wages and a 10-hour five-day week. The revised minimum rates of pav for junior girls range from 25s a week during the first six months to 62s Gd in the fourth year, after which the basic wage is 60s. All rates are exclusive of the bonuses previously granted by the Court. Ordinary hours are to be worked between 8 a.m. and 6 p.m. from Monday to Friday inclusive, and all time worked outside those hours will be paid for at the rate of time and a-lialf for the first four hours and afterward at double rates. There are new provisions for meal money, which has been fixed at not less than 2s.

Casual workers are to be paid at the rate of 10 per cent above the award rates, with a minimum of one day's pay, except on Saturday. The rate for piecework is to be sufficient to enable a worker to earn not less than 10 per cent more than the minimum rate of wages.

Except, for the provisions relating to wages, which are retrospective to April 1, the award came into effect on Tuesday.

MARRIED WOMAN CHARGED A married woman, aged 25, appeared before Mr J. Morling, S.M., yesterday, charged with stealing an Air Force allotment cheque for over £ll. Accused, whose name was suppressed, pleaded guilty. Senior-Detective Trethewey said accused was the mother of two young children and her husband was overseas. On May 12 a postman handed her some mail, which included an allotment warrant, to give to a neighbour. The neighbour did not receive the warrant and it was later found to have been forged and uttered. Accused eventually admitted that she had taken it. She stated that she was badly in need of money at the time.

The magistrate admitted accused to probation lor six months.

FOUND HANGED An inquest into the death of a 10-year-old apprentice. Peter John O'Connor, who was found hanged in a boatshed near his home at Panmure about 7.H0 p.m. on August 4 was concluded before the coroner. Mr A. Addison, yesterday. "In this case there is no doubt about (he cause of death," commented the coroner. All the evidence showed that the boy was quite happy at home, tie was seen whistling and singing while cutting wood by his father at 4,.'i0 p.n'i. and at 7..10 p.m. he was found dead. The medical evidence was that he was dead for about three hours before lie was discovered, which meant that he died not long after he was last seen. "It is very hard to escape the evidence that it was a deliberate act, but there is always room for accident—remote in this case," concluded Mr Addison in returning a verdict that the cause of death was asphixia from hanging.