DEFAMATION ACT

Southland Times, Issue 19720, 28 November 1925, Page 8

DEFAMATION ACT

THE AUCKLAND CASE JUDGMENT AGAINST DEFENDANT SMALL FINES INFLICTED. (Per United Press Association.) AUCKLAND, November 27. Mr Poynton, S.M., gave judgment this morning in the action for defamation brought by Mr Hall Skelton, a candidate for Roskill, -against Henry Hastings Seabrook. arising out of two pamphlets which related to defendant’s character. The case was heard pn November 20. The Magistrate said the statements complained of were widely distributed, and were selfevident of intention to influence the votes of the electors. Mr Poynton quoted from the pamphlet several paragraphs, and said in a comijiunity 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 than as defamatory. No evidence was called to attempt to prove the truth of the statements, the defence relying on certain literature put in and upon oath that the statements in such literature were true. The statements made about the Sinn Fein organisation might be correct, but they were obviously made with the intention of discrediting complainant as a candidate, and it would be necessary for the defence of such assertions not only to prove they were true, but that complainant knew they were so. These facts had not been proved. This case being the first under the Legislature Act, 1908, Section 158, defendant would not be severely punished. He apparently acted on the advice of defendant and was fined £2 on each charge and ordered to pay costs, £5 16/-.