LIBEL ACTION.

Taranaki Daily News, 2 September 1920, Page 5

LIBEL ACTION.

FITZHERBERT v. ACHESON' CLAIM FOR . £3OOO DAMAGES. FIRST PHASE OF PROCEEDINGS, (By Wire.—Special Reporter.) Wellington, Last Night. The preliminary phase of the claim for £3OOO damages for alleged libel preferred by Patrick Buckley Fitzherbert, of New Plymouth, barrister arid solicitor, against Prank Oswald Victor Acheson, of Wanganui, president of the Aotea Maori Land Board, came before iris Honor Sir John Salmond in the Supreme Court to-day. Mr. T. Neave appeared for plaintiff, and Mr. W. C. MacWregor, Solicitor-General, for defendant. The statement of claim set out that in July, 1920, Judge Aehesou was aitting sit Ilawera as president of the Aotea Maori Land Board. Mr. Fitzherbert applied, on behalf of James Suiter McKay, for the payment of 42184 out of moneys held by the Aotea District Land Board. The claim vent on to say:—''After having examined the said Jam.es Suiter McKay upon oath, 'defendant falsely and malicious!} spoke and published of and concerning plaintiff in .relation to his profession as barrister and solicitor and his conduct therein the following words: "'I will not allow this claim. (Plaintiff here rose and interrupted defendant, Judge Aclieson). I am not taking any notice of you, Mr. j-'itz-herbert. You and 'McKay and Epae have been putting your heads together to mislead the Board and Atamirikura. When Atai'nirikura signed this acknowledgment she received a large sum of money. A native under such circumstances will sign anj thing.' "Meaning thereby that piaintiiV, or plaintiff and others, hail paid Atamirikura a sum of money for the purpusc of obtaining a false acknowledgment of debt to on? James Suiter McKay; in fact, that piaintifT was guilty oi gross professional misconduct. • Subsequently, on the same day, at the same sitting of the Board, as pinintilf (Mr. Fitalierlicrt) was about, to leave the Board room, defendant (Judge Achoson), addressing plain-J!", said:' " 'There are other matters of yours that will need some explanation, Mr. Fitzherbert.' "After an explanation of certain transactions had been Given, defendant said: •' 'I do not accept your explanation. You have misappropriated this money. You will hear more about it.' "Plaintiff then rose and said ho could not very well, under the circumstances, again appear before defendant,, and defendant thereupon falsely and maliciously, and without just cause or excuse, spoke and published the following words of and concerning plaintiff in his profession rts barrister and solicitor: " 'You will probably find that you will not be able to do so.' "The said words mean, and were understood to mean, that plaintiff had been guilty of such gross, professional misconduct as a barrister and solicitor that he would thereby, or on account thereof, be struck off the .roll of persons as barristers and solicitors in New Zealand. Therefore plaintiff claimed £3OOO dam.' ages." On behalf of defendant, the SolicitorGeneral moved a motion that the action be dismissed with costs against plaintiff. The application was based on the grounds that the action was not maintainable, and disclosed no cause of action, and was frivolous and vexatious, for the reason that even if the statements alleged in tho statement of claim tt> have been made by the defendant were made by him, which was denied, all such statements were made by defendant in the course of exercising his judicial functions as a Judge iof the Nattve Land Court and president of the Aotea District Maori Land Board, a duly constituted court and tribunal, and were therefore absolutely privileged. Addressing the Court, Mr. McGregor submitted that the motion must succeed, on the grounds that the action was hopeless and constituted an abuse of the procedure of the Supreme Court. He (|iioted authorities to show that the statements complained of wore privileged beyond question. He added that 1 an action for libel had been instituted solely with the object of staving off certain other proceedings. Mr. Neave contended, op behalf of plaintiff, that whatever privilege defendant might be said to possess ceased when the final disposition was made of the case before the Land Court. The statement of claim clearly disclosed that judgment had been delivered in connection with McKay's application, and the Land Court had passed on to new business when the 1 words constituting the alleged libel'were made use. of. After hearing further legal argument the Court reserved its decision.

Donald was a member, read a special resolution passed by the committee in recognition of his good work as a member of that body. Then, proceeding, Mr. Newman eulogised the late member's services in the interests of land legislation, land reform, and closer settlement. "His sympathies," he said, "were always with the backblocks settlers." Feeling references were also made to one whom Mr. Sullivan described as a "golden hearted man," by Mr. Sidey, Sir William Herries, ihe Hon. J. A. Hanan. the Hon. A. T. Nfjata, and Messrs Lysnar, Hockly, Veitch, Holland. Forbes. Sullivan, and laitt. On the Premier's motion, the House rose at 3.35-p.m. teV 2.30 p.m. to-morrow, as a mnrk of respect to the memory of the deceased. The news of Mr. MnoDonald's death caused profound regret throughout Taranaki, and Haps were flown at half-mawt in the principal towns.