LIBEL ALLEGED.

Hokitika Guardian, 27 June 1927, Page 3

LIBEL ALLEGED.

dairy board member brings ACTION. (Australian A N.Z. Cable Association.) WELLINGTON, June 21. In the Supreme Court, before the Chief .Justice, *T. M. Timpany, of Woodlands, the Southland member of the Dairy Produce Export. Control Board, proceeded against the “New Zealand Dairy Produce Exporter” Newspaper Company to recover £2090 damages for alleged libel arising from certain articles in that, paper. Sir John Findlay and Mr J. S. Hanna appeared for plaintiff and Mr A. U - Blair and Mr R. Kennedy for the ‘‘Exporter.” Theallegalioiis related to reports in connection with the contest between plaintilf and Air .John Fisher on the occasion of the campaign lor membership of the Dairy Board in 1920. The article was entitled: “How Southland was .Misled.” One of the .statements contained the words “deliberately misled.” Another .was in reference to an allegation that Mr Timpany hud communicated to the Pits.-, the Prime Minister’s telegram to the hoard, which was of a confidential nature. The defence denies that there was any arrangement by which the Dairy Board paid the “Exporter” for the publication of certain official matters. It pleads that tho words complained of were a verbatim extract from a speech by Mr Fisher and insofar a> the words complained of were expressions of opinion and comment, (hey

uere fair comment, made in go d il faith, and without malice, on matters (I of public interest. It aNo states that :- the words used with the exception of - ‘‘deli hern to” were true in substance f and fact. e hi the course of lii.s address. .Sir e John Findlay referred to the cablegram. saying it was not addressed to the hoard, but to the Minister of Agriculture or somebody else. Each mcm- ■ her of the hoard received a copy. Air Timpany refused a ‘'New Zealand Times’’ reporter a copy. Later, however, in Invercargill, Mr Reynolds, Go- ) vernment representative-on the hoard, showed him a copy of the “Times” containing the cablegram. Any idea 1 that it was confidential was dispelled. 1 and Timpany gave the representative of the Invercargill papers his ’ copy. There was nothing to show that the cable was confidential. Plaintiff, in the course of his evideuce, corroborated counsel’s .statements. He said that when approached in Wellington by a newspaper re- \ porter regarding the text of the cable from London, tho reporter seemed to have knowledge of its contents. AVhon ho found on returning to Invercargill that information had bPcn divulged he , gave his copy ol the cable to the local papers. He had informed Southland . people that lie obtained his information first hand. He had nothing to do with the Free Marketing League. The hearing of tho ease was not finished to-day. ; WELLINGTON, June 2d. Ihe Timpany libel ease was continued. The plaintiff, answering a question, said the figures he hud used at Matariira of quantities of produce held ' !>y several firms were supplied him by it committee of thirteen factories opposed to control. He represented two out of the three proprietaries factories in Southland. In answer to a I question plaintiff reiterated that five thousand tons of Goodfeli'ow butter (New Zealand Co-operative Dairy Company) was not the object of control. ■ Ho denied he was the source of infor- ! niation which appeared in the New , Zealand “Times.” After it appeared, . the Board resolutioned censuring him, , but lie was absent, through not receiving the correspondence. For the defence, Mr Blair said they . submitted the statements published were statements of fact and were fair t comment. I .1. R. Thacker, ex-member of tlie ■ Board, and Chairman during Mr , Grounds’s absence in Britain, said he ; was in the chair at the meeting at ; which the Premier’s cablegram was reI eeived. Members were supplied with ' copies confiedntially. The information - could only he given out by authority - of the Board. T. C. Brash. Secretary to the Board, f stated the cablegram from ->.r Coates 1 reached the Board in a letter marked ' “ Private and Confidential.” The 3 Board’s doings were usually made known through the “ Exporter ” newspaper and in no other ease had anything been disseminated in any other way. Witness recollected Timpany I stated he had a duty to give his olec : • tors information in which they were c interested. It was ci'early intimated to cl members that Mr Coates’s cablegram II was confidential. 0 John Fisher, who was defeated by ‘f Timpany for a seat on the Board, pointed out what he had said in his 11 election addresses were inaccuracies on (1 the pirt of Timpany. There was no) had feeling between them personally. ” Hon. 0. .T. Ifawken, Minister oT - v Agriculture, said he received Air Coates’ cablegram through the ActingPremier, and directed that a copy he sent to the Board for its consideration. The Court then adjourned.