SECOND EDITION. DEFAMATION OF CHARACTER.

Poverty Bay Herald, Volume LI, Issue 16895, 27 November 1925, Page 12

SECOND EDITION. DEFAMATION OF CHARACTER.

CRITICISM OF POLITICAL CANDIDATE. A FINE IMPOSED. (Per Press Association.! AUCKLAND, this day. Mr. Poynlon, S.M., gave judgment Ibis morning in an action for defamation brought by Hall Skelton, a candidate for Ros!iiil. against Henry Hastings Sea!;rook. arising out of two pamphlets which related to plaintiff's rharactr.r. The case was heard on November 20. The Magistrate said the statements complained of were rvidelv distributed, and were soll’-cvidemt of intention to m-flnr-ncc (lie votes of the electors. Mr. Poynlon quoted from the pamphlet several paragraphs and said that in a community that prides itself on its loyalty to the British Empire such remarks are certainly calculated to bring a man into contempt and arouse hatred against him. The most charitable view of the .statements could not view them otherwise Ilian ns defamatory. No evidence was called in attempt to prove the truth of the statements, the defence relying on certain literature put in, and complain ant denied upon oath that the statements in such literature wore Hue. .Statements made about the Sinn Fein organisation .might lie correct, hut tliev were obviously mad 0 with tlm intention of discrediting complainant- as a candidate, and it would bn necessary for the defence of such assertions -not only to prove tliev were true, but that complainant knew they were so. Thesa facts had not been provud. This ease being the fust under the Legislature Act. 1908. section 153. defendant- would not be severely punished. Ho appnicutty acted on advice. 'Defendant was fined £2 on each charge and ordered to pnv costs. £5 16s.