DAMAGES AWARDED

Otago Daily Times, Issue 22042, 26 August 1933, Page 6

DAMAGES AWARDED

EASTBOURNE SLANDER ACTION STATEMENTS HELD TO BE DEFAMATORY. (Pee United Press Association.) WELLINGTON, August 25. Judgment was given by Mr E. Page, S.M., to-day in the case of C. L. Bishop, town clerk of Eastbourne, claiming £3OO from A. T. R. Duncan, a member of the council, for alleged slander. ,He found in favour of the plaintiff. He said that in his view it was established that at a public meeting called in connection with his candidature the defendant spoke substantially the words alleged in tl.c statement of claim. That these were defamatory was clear. The obvious implication conveyed by them was that the plaintiff had been dishonestly obtaining benzine from the council garage without paying for it, and had been covering such action by manipulation of the'running sheets; in other words, that he had been committing theft of the property of his employers. In regard to the contention of the defence that the occasion was privileged, Mr Page said that in his view it was not so, hut, assuming that it was, such privilege would he destroyed by proof of express malice, and he went on to say that there was ample evidence of ill-will. In regard to the ground of defence that the matter complained of was fair comment about a public officer, he was unable eo to regard / it. It professed to be statements of fact rather than comment, but on any view of it he was unable to hold that such allegations amounted to fair comment. To a man holding a public position of trust as town clerk and treasurer of the borough, the allegation that he was stealing the property of his employer could not he regarded as other than a serious one. He thought the defendant took advantage of the opportunity presented at this public meeting to vent his personal spite against the plaintiff by making this unfounded charge. *He awarded £2OO damages, and said the plaintiff was entitled to the costs of the proceedings.