ALLEGATION OF SLANDER

Taranaki Daily News, 18 August 1933, Page 9

ALLEGATION OF SLANDER

EASTBOURNE COUNCIL CASE

TOWN CLERK’S USE OF BENZINE.

STATEMENTS BY COUNCILLOR.

CLERK MAKES DAMAGES CLAIM.

By Telegraph—Press Association.

Wellington, Last Night. The hearing was continued to-day of the case in which C. L. Bishop, town clerk at Eastbourne, claimed £3OO damages for alleged slander from A. T. R. Duncan, a member of the Eastbourne Borough Council. The allegation is that Duncan at a large public meeting used words that the plaintiff contends meant that Bishop had taken benzine, the property of the council, in excess, of his free allowance and without paying for such excess, thereby committing theft as a servant. Further evidence was given for Bishop - concerning statements which Duncan was alleged to have made at a public meeting. 1 Mr. Leicester, counsel for Duncan, said Duncan had been engaged in municipal affairs for more than 20 years. He was a man who would not hesitate to express an opinion or perform an act if he thought it was in the interests of the people whom he desired to serve. Duncan believed the administration of a certain department was faulty and that it was an abuse of the system that Bishop should be able to purchase petrol through the council for less than the price at which he could purchase it elsewhere. Duncan made no direct al-, legation of theft and had not used words which would support any such allegation.

Counsel applied for a non-suit on the ground that the remarks of Duncan were fair comment and that the words used enjoyed qualified privilege. The magistrate reserved his decision on this point. Margaret Magill, deputy-Mayor _of Eastbourne, in evidence said the impression she gained at the meeting, was that Duncan wanted to stop Bishop from ’ receiving - petrol supplies at the council garage. She did not receive the impression that Duncan charged Bishop with the theft of petrol.. The general looseness of the system was the thing referred to. Duncan in the box said the main por--tion of his address had been directed to maladministration of the services generally, particularly the bus department. He was satisfied Bishop had been.com-' pletely honest in his benzine transactions. He had not charged him with dishonesty. Leonard Charles. Roffe, clerk in the office of the Eastbourne Borough Council, said he remeriibered the Government audit inspector, visiting the office. The inspector had gone away before the audit was completed and had returned.;

Mr. Leicester:*.Did. you receive in-; structions concerning some papers?— Yes, I was told to-take a sack of papers, down to be burnt. . " >

Mr. Leicester:. After ..the auditor had; been and before he. returned?—Yes. . ■ Who gave you ' the instructions?—Mr/j Fly, a clerk in the; office. Is he a relative of Bishop?—l have heard he is. / . .

1 Were some of these papers running Sheets?—l could not say definitely what was in the bag. ”

Did you see some running sheets under a desk at the time of the first visit? -Yes. ’ '

After further evidence on behalf of Duncan had been given the case was adjourned until Monday.