DAMAGES FOR LIBEL

Sun (Auckland), Volume III, Issue 889, 5 February 1930, Page 7

DAMAGES FOR LIBEL

MINERS’ SECRETARY’S CLAIM FROM “RED WORKER” MAGISTRATE’S OPINIONS Press Association GREYMOUTH, Tuesday. Judgment in plaintiff's favour was given by Mr. W. Meldrum, S.M., today on a claim for £6O damages for libel made by William Balderstone, former secretary of the Blackball Miners’ Union and of the West Coast Miners’ Council, against A. F. Marshall, of Wellington, printer, publisher and proprietor of the “Red Worker’’ newspaper, a Communist Party journal. published at Wellington. The statement of claim inter alia net out that defendant published the following words concerning the plaintiff:—"At the negotiations for a new agreement for the West Coast miners the owners pressed their attack still further. Although pledged to demand a wages increase the leaders, led by Balderstone, sold out to the owners. Not only did they forget the demanded increase, but agreed to the inclusion of the infamous clause 21. Encouraged by their successes the owners then attacked the militants at Blackball, using Balderstone as a foil. Half the men employed were sacked, and speeding up has taken place. All this, ■with one or two disputes in the North Island, has led to the Shas Point lockout.” The Magistrate said: “My own bpinion is that the words are capable of only one interpretation. They suggest there had been a breach of trust and a dishonourable act had been done and representatives of the men had betrayed their trust for some benefit, not necessarily an immediate one. I certainly think the words are libellous and plaintiff is entitled to damages.” Plaintiff claimed £6O. Such sum was flamed as a reasonable amount to cover only the expense plaintiff would be put to, and the magistrate considered it a modest claim. Plaintiff was entitled to the full amount claimed, with solicitors’ fee £4 3s, witness’s expenses 19s 9d and court costs £2 13s. Judgment was entered accordingly.