scone.com.auRatepayers Not To Foot Defamation Costs
THE Office of Local Government made a clear direction to all Councils that they may not use rate payer’s money to take defamation cases for Councillors or Council staff, but in the Upper Hunter Shire Council there have been several instances of ‘letters of concern’ being issued by Council staff threatening defamation.
In April, Leah Marchant, a former volunteer at the Scone pound received a letter from Waid Crockett, the general manger of Council threatening legal action for defamation unless his demands were met and on Friday Ms Marchant also received a letter from Jason Marks a ranger from Council also threatening defamation action.
And in 2015 Mayor Wayne Bedggood claimed in writing that statements made by Alex Gillian, a member of the public, were “boarding on liable”, but he did not proceed with legal action.
Robert Todd a defamation lawyer for Ashurst agrees with the Office of Local Government’s stance and said the costs of litigation for defamation cases typically begin at $200,000 and the sky is the limit.
“It depends, but a full blown defamation case can cost hundreds of thousands upwards and it’s not uncommon for them to go towards $1,000,000 in some cases depending on how complex they are,” said Mr Todd.
“If it goes to court you can certainly guarantee to spend a couple of hundred thousand dollars at least,” he said.
“It’s a very technical area of the law and you certainly commonly advise people to think twice before they embark upon that process and explore all other options of resolving their dispute before they do so.
“Engaging lawyers is not a great idea generally,” he laughed.
John Preston, Upper Hunter state candidate for the Fisher’s, Shooters and Farmers party said all levels of government need to be accountable and criticism is par for the course in democracy.
“The whole principal of democracy is we live in a debating chamber not an echo chamber,” said Mr Preston.
“It’s not to say we are here to vilify people, but if you can’t take a bit of conjecture and criticism,” he said.
“Reasonable conjecture about the conduct of government functions is entirely appropriate, it has to be.
“You know what they say, ‘if you can’t stand the heat get out of the kitchen’.
“The things I’ve had said about me over the years everything from John Preston has been struck off as a solicitor, he steals electricity you name it I’ve had some Bobby Dazzlers, but what can I say, I just get over it,” John Preston said.
The Upper Hunter Shire Council has said no money has been spent on defamation proceedings to date.
scone.com.au has also received letter of concern from Jason Marks concerning defamation.
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