DAMAGES CLAIM DROPPED

Southland Times, Issue 25763, 29 August 1945, Page 5

DAMAGES CLAIM DROPPED

Suit Against Sydney Editor (Rec. 9 p.m.) CANBERRA, August 28. The Minister of Information, Mr A. A. Calwell, has announced that he hag withdrawn his suit against Mr Brian Penton, editor of The Daily Telegraph (Sydney) claiming £25,000 damages for alleged libel. In a statement Mr Calwell said he had taken this course because Mr Penton had taken shelter behind privilege to escape from the consequences of the challenge the Daily Telegraph had thrown out, but was afraid to stand by. Mr Justice Dixon, in the preliminary hearing, ruled that the defendant could not set up privilege, but the majority of the judges of the High Court overruled Mr Justice Dixon and held that the defendant was entitled to plead privilege. Mr- Calwell in his statement says: I have not got behind me the wealth of a large corporation such as the Consolidated Press, Limited (the proprietors of The Daily Telegraph). Already the costs are heavy and I have not the means to appeal to the Privy Council against a decision which my lawyers advise me is wrong. I sought to have determined in a court of law only the simple question of the truth or falsity of what The Daily Telegraph challenged me to do. Tire defendant’s action in relying on privilege has defeated the trial on that simple issue. Because the defendant has taken shelter from the consequences of the challenge The Daily Telegraph threw out, but is afraid to stand by, the only course open to me is to discontinue the case.”

A strong attack on the Judges of the Australian High Court and on the Sydney newspapers was made in the House of Representatives in November last by the Minister of Information, Mr Calwell. The Minister was replying to a motion by Mr M. D. Cameron (United Australia Party) for the disallowance of an amendment to the Press and Broadcasting Censorship Order, dated August 18, 1944. Mr Calwell declared: “There are more fifth columnists on the reportorail, managerial and editorial sides of newspapers than in any other section of this country.” The Daily Telegraph, which was named during the debate, said in an editorial: “This is not the first time we have called Mr Calwell a liar. Unfortunately his lies are always spoken under the privilege of Parliament where he is protected from the law. We invite Mr Calwell to take action against us. His statement should be worth £lO,OOO at least—if the Court will give him the verdict.”