SLANDER CLAIM
PLAINTIFF GETS £2OO.
i(Per Press Association, Copyright)
, . AVEDLINGTQN,: August. MJudgment was given by Mr Page S.M. to-day in the case of C. L. Bishop (T(|wn Clerk of Eastbourne) jagainss .A.. /1V R, ■ Duncan-.;, (member oh Eastbourne Borough Council) claiming £3OO for alleged. slander. He found in favour, of plaintiff; He. said.in.,his view ,it .'was established, that -.'at. a. public .meeting called ... in,, connection, with his caiididaturg, .defendant spoke substantially the words alleged ;iu the. statement ..of claim,. That- these, were;defamatory, was . clear.- and obvious... Tire, implication .conyeyed; by. them, wag 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. In regard to the contention of the defence, that the.occasion ways..a privileged;one, he said in, his. view. it. was not so, but assuming it was, such a privilege would be destroyed by the proof of express malice,. and he went on .to say that , there wa s ample evidence of illwill. In regard to the, ground .of defence that- the.mat--ter complained of . 'was/fair comment ahoutta.public officer, he was unable to so regard- itj It-professed ■ to -he statements of fact, rather than comment,-hut-on any view of it-he was unable, to hold that such- allegations amounted to fair comment-to a- man holding a public position of - trust as Town-Clerk and treasurer of a borough. The allegation that-he was stealing tire property of his employer, could not he regarded as other than a serious one. He; thought the defendant took advantage of, the opportunity presented - by this, public meeting to vent personal spite against the plaintiff by making this unfounded, charge. He awarded £2OO damages, and said the plaintiff .wag entitled to his costs of the proceedings.- . -
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Hokitika Guardian, 25 August 1933, Page 6
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307SLANDER CLAIM Hokitika Guardian, 25 August 1933, Page 6
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