POLICE REPORT

Hokitika Guardian, 5 August 1932, Page 5

POLICE REPORT

JUDGES’ RULING

CONSTABLE SUES INSPECTOR

(Australian Press Association.)

(Received this clay at 9.30 a.m.) SYDNEY, August 5,

Six judges of the High Court, of Australia ruled 'that the police officers' report concerning subordinates’ conduct does not enjoy the protection cf absolute privilege, and may be sued upon, if the-person offended should consider -himself defamed. Constable William Gibbons brought an action for libel against police inspector; Thomas Duffell, concerning j\f-lega(ions'-iii a report furnished by the latter to the Supei intendent <V Police when Gibbons sought a transfer from one decision to another.

The Supreme Court held that, as in the case of military and-naval forces, the privilege attaching to the publication of Inspector Duffell’s report was absolute. On the contrary the High Court, noon appeal by Gibbons, held .that publication was not absolutely privileged, and allowed the anneal noth costs against the respondent.. The Chief Justice emphasised tbnt it might ho hotter for the police force, if it were worse for the I'’dividual that libel potions between policemen should be disallowed, but the Legislature Had not said so.' 1 , There was not .sufficient, warrant in the principles of common law for deny in e to one police officer the' protection of the law frcm malicious defamation by another.