In a reserved judgement following a judge-alone trial in the Westport District Court last month, Judge Kevin Kelly said: ‘‘The simple point remains that the incident at the TTPP [Te Tai o Poutini Plan meeting] was down to Mr Dooley and Mr Dooley alone’’.
‘‘It was Mr Dooley who interrupted the presenter. Ms [Sharon] Roche sought to get the presentation back on track and it was Mr Dooley alone who reacted in an aggressive and threatening fashion.’’
Mr Dooley, who was later elected to the West Coast Regional Council, sued the mayor for defamation following comments he made after an incident at a TTPP plan drop-in session in 2022. The case revolved around whether there was a physical altercation.
Buller’s then-deputy mayor Sharon Roche, who was also a member of the TTPP committee at the time, asked Mr Dooley to keep his questions to the end. It was what happened next that was in dispute.
Mr Dooley contended there was no physical violence, and he had been gravely damaged in his personal and professional reputation by claims Mr Cleine had made in the newspaper about what happened at the meeting.
But Judge Kelly concluded he was ‘‘persuaded that Mr Dooley advanced on Ms Roche’’.
‘‘Mr Dooley also accepts that it was not only his language but that his behaviour was inappropriate and he accepts that he may have been pointing his right finger at Ms Roche.
‘‘I am satisfied on the balance of probabilities that Mr Dooley did raise a fist to Ms Roche... even if I am wrong and it was just a pointed finger, in close proximity the action was aggressive and threatening.’’
There was no evidence he touched Ms Roche.
The article in the Westport News did not expressly quote Mr Cleine saying Ms Roche had been touched or hit.
‘‘I do not accept the submission from Mr Dooley that the traditional definition of the word ‘altercation’ involves a noisy brawl or dispute rising to the seriousness of physical violence.’’
The article also did not name Mr Dooley.
‘‘I am satisfied that the statement that Mr Dooley was physically threatening to WCRC staff and to members of the public is true or not materially different from the truth.’’
The judge also said a copy of a letter about the incident sent to the Greymouth Star was ‘‘released in good faith’’.
Speaking to the Greymouth Star, Mr Dooley said he had not yet decided whether to appeal.
The judgement was disappointing but he welcomed the finding that he did not touch or hit anybody.
Along with the judgement, the mayor was awarded costs, which both parties have been asked to agree upon.
It has previously been reported the case has cost ratepayers about $20,000 in legal fees, the balance covered by the Buller District Council insurers.
But Mr Cleine said costs might now have risen as high as $40,000. Ratepayers were out of pocket and should not be.
- Additional reporting Lois Williams
