Damages accepted by police

Press, 12 February 1986, Page 4

Damages accepted by police

A $260,000 defamation action by two policemen against a Christchurch reporter and "N.Z. Truth” had been settled out of court, Mr Justice Holland was told in the High Court yesterday. The damages were claimed against Russell Anderson, a reporter for “Truth,” who was cited as first defendant and Wellington Newspapers, Ltd, publisher of the weekly newspaper, second defendant.

The two policemen claiming damages were Sergeant Graeme Michael Holmes and Constable Derek Bryan Shaw but yesterday’s proceedings involved only Sergeant Holmes, as Constable Shaw had last year accepted a sum which had been paid into court.

Mr K. N. Hampton represented both policemen. Mr T. G. Goddard, of Wellington, appeared for both defendants.

Neither counsel would confirm the amounts of the settlement but it is believed that Sergeant Holmes accepted $30,000 and Constable Shaw, $20,000.

Mr Goddard said that the defamation proceedings arose from the publication of articles and photographs in “Truth” in November and December, 1981, about an incident in which Sergeant Holmes was involved. The incident involved the arrest of Colin Latter, an unemployed Australian, on the bank of the Avon River near the Gloucester Street bridge for behaving in a drunk and disorderly manner in a public place. He was subsequently convicted in the District Court in Christchurch and discharged.

The arrest was observed by several persons including Mr Anderson, who took a number of photographs. It was made

by Sergeant Holmes and Constable Shaw. They showed Latter being taken along the footpath to where a police vehicle was waiting. The photographs appeared to depict Latter’s head coming into contact with the roof of the vehicle as Sergeant Holmes and Constable Shaw were attempting to place him in the car, said Mr Goddard.

Wellington Newspapers, in good faith, published the photographs in the November 10 issue of “N.Z. Truth” together with an article written by Mr Anderson. In the issues dated November * 17, 24, and December 1 the newspaper published an editorial and other material including an account of a police internal inquiry and its result. These articles had alleged that more force than was reasonably necessary to effect an ar-

rest had been used by > Sergeant Holmes or had been allowed by him ‘tobe used by Constable Shaw. ' It was claimed that Sergeant Holmes had grabbed and manhandled Latter and that he had £ allowed another member of the police to batter the drunken man’s face 7 against a police vehicle; Sergeant Holmes began proceedings claiming damages for defamat- : ion. ■? “I am pleased to be able to announce to the Court that the proceeding has now been settled,” Mr Goddard said. Both "N.Z. Truth” and - Mr . Anderson unreservedly withdrew the allegations made against Sergeant Holmes and offered him an unqualified apology for the distress that he and his family had suffered as a result. - A sum had been paid to ’ Sergeant Holmes by way of compensation and as there were no other out--standing issues he asked, that the proceedings be struck out, Mr Goddard said. Mr Hampton said that Sergeant Holmes had accepted the compensation and was pleased to accept the apology. He consented to the action’s being struck out

Mr Justice Holland said , he was pleased that the, matter had been settled.