SLANDER ACTION

Timaru Herald, Volume CXXXVII, Issue 19578, 26 August 1933, Page 18

SLANDER ACTION

£2OO DAMAGES AWARDED. By Telegraph—Press Association WELLINGTON, August 24. Judgment was given by Mr E. Page. S.M., to-day in the case of C. L. Bishop, Town Clerk, Eastbourne, claiming £3OO for alleged slander. He found in favour of the plaintiff. He said in his view it had been established that at a public meeting called in connection with his candidature, the defendant spoke substantially the words alleged in -he statement of claim. That these were defamatory was clear. The obvious implication conveyed by them was that plaintiff had been dishonestly obtaining benzine from the Council garage, without paying for it, and had been covering such action by the manipulation of the running sheets; in other words, that he had been committing theft of the property of his employers. With regard to the contention of the defence, that the occasion wr - privileged, Mr Page said in his view it was not so, but assuming that it was, such privilege would be destroyed by proof of express malice, and l e went on to say that there was ample evidence of ill-will.

With regard to the ground of the defence that the matter complained of was fair comment about a public officer, Ire was unable to regard it as such. It professed to 1 statements of fact rather than comment, but on any view of it. he was unable to hold that such allegations amounted to fail* comment to a man holding a public position of trust as a Town Clerk and treasurer of a borough. An allegation that he was stealing the property of his employer could not be regarded as otl * r than a serious one. He thought the defendant took advs ntage of the opportunity presented by this public meeting to vent personal spite against the plaintiff, by making this unfound-

ed charge. He awarded £2OO damage, and said tlu plaintiff was entitled to the costs of the proceedings.