Libel Damages Against Drivers’ Union Secretary

Grey River Argus, 12 November 1948, Page 8

Libel Damages Against Drivers’ Union Secretary

AUCKLAND, Nov. 11. Written judgment for the plaintiff in a slander and libel action was delivered by Mr H. Jenner Wily S.M., to-day in the case of Albert GeorgeSmith, aged 63, against Lawrence Gerard Matthews, secretary of the Auckland Drivers’ Union and Art Craft Press Ltd. Smith had claimed £5O against both defendants for an article which appeared in the publication, Union Record, and also two amounts of £25 damages against Matthews for statements he allegedly made at a union meeting. On the first case of action aaginst both defendants, the Magistrate awarded £lO and £l5 respectively. Smith alleged that Matthews was the author of an article published by the Art Craft Press, including the following words: “His actions since becoming' a member of the union disclosed that he joined the union for the purpose of assisting to conduct a campaign against the union’s leaders. Such people are referred to in trade union circles as white-anters and disrupters.” WENT TOO FAR It was further alleged that Matthews made similar statements at a union meeting. The magistrate said the sponsors of the attack on Matthews, of whom Smith was one, followed the constitutional course and so did Matthews’s address to members, but Mcitthews went further m the published article and also in verbal statements to the meeting and attacked the plaintiff personally with allegations which the magistrate held to be false. The purpose of Smith’s attack upon officers was in the interests of the union, should any party be dictating a policy which was bringing the union into disrepute. What Matthews stated in his personal attack against only one of the many known members who were dissatisfied greatly exceeded what was pertinent or relevant. The magistrate was satisfied the attack on Smith was to defame or injure him. The oral statements clearly affected Smith’s membership of the union to which he was compelled to belong to carry on his trade as a driver.