Marlborough Express

The librarian and the letter

- JENNIFER EDER

A former principal claiming her reputation was damaged by a letter sent out to the school community has triggered an ‘‘unusual’’ defamation trial in Marlboroug­h.

Her lawyer said defamation cases were normally reserved for the ‘‘highrise buildings and printing presses’’ of the country’s media, not a ‘‘rural village’’.

Former Rai Valley Area School principal Muff Newton brought the defamation case against former school librarian Faye Leov and her husband Bernard, and Dunedin writer Sue Dunn.

The Leovs employed Dunn in 2012 to write a book about conflict within the school, and Dunn sent the letter that September, asking people to share their experience­s.

But Newton claimed there were 14 defamatory statements in the letter, directed at her and depicting her as ‘‘evil and malevolent’’.

The trial ran for two weeks and lawyers gave their closing arguments on Thursday and Friday at the Blenheim District Court.

Newton’s lawyer Richard Fowler QC said the statements in the letter clearly referred to Newton, though she was not named.

In the letter, Dunn wrote that ‘‘something extremely sinister’’ and ‘‘alarming and heartbreak­ing’’ had happened at the school.

It was ‘‘undoubtedl­y the worst story of workplace bullying to surface in New Zealand’’, she wrote.

A ‘‘ruthless saboteur’’ had ‘‘systematic­ally set about to insidiousl­y degrade’’ people linked to the school, Dunn wrote.

The saboteur’s actions had caused harm to children and staff at the school, and the wider community, she said.

‘‘Those of you who have aligned yourselves with this bullying should step back to take an objective look,’’ Dunn wrote.

‘‘The only way you can be a true colleague and friend is by helping her to face the truth.

‘‘A monstrous thing has happened and now is the time to defang the monster.’’

Defence lawyer Christophe­r Griggs said the statements did not name Newton as the subject.

But if the court found they identified Newton, several of the statements were presented as opinion, using phrases such as ‘‘points to’’ and ‘‘seems to suggest’’, Griggs said.

There was no proof Newton was subject to ‘‘ridicule, odium or contempt’’ as a result of the letter, he said.

And the Leovs should not be held responsibl­e for what Dunn wrote, Griggs said.

Dunn emailed Leov a draft of the letter in September 2012, but Leov repeatedly wrote that she was uncomforta­ble with it and asked Dunn to change some parts, and have a lawyer check it. The letter was not read by a lawyer. Leov explicitly told her not to send the letter on September 16, but Dunn said she had already sent it five days earlier.

‘‘We must have had a misunderst­anding,’’ Dunn wrote.

Statements in the letter about Newton being a bully were fact, Griggs said.

An expert witness gave evidence that they considered Newton’s behaviour constitute­d workplace bullying.

Three teachers and a library committee member gave evidence of the ‘‘devastatin­g’’ physical and emotional harm caused to them and others by Newton; from anxiety, depression, weight loss, hair loss and insomnia, to the resignatio­n of teachers, Griggs said.

But Fowler said Newton was not a bully.

‘‘Mrs Newton’s actions were nothing more than standard and understand­able measures to manage the school.’’

Before Leov was fired in 2008, she clashed with Newton over a shared library for the school and the community.

The library society, including Leov as chief librarian, disagreed with Newton over how much control the school had over the library.

Newton was acting on legal advice, not malice, when she refused to meet with some staff and trespassed two volunteers from the library, Fowler said.

Fowler said the Leovs should be held partly responsibl­e because they ‘‘fed’’ Dunn the informatio­n used in the letter, knowing it was likely to be published, and provided a list of people to send it to.

The Leovs paid $7500 to Dunn later that year as per their contract, which seemed to endorse Dunn’s decision to send the letter, Fowler said.

Newton sought an apology from the Leovs and Dunn and a correction to be sent to the people who received the letters.

However if the judge ordered the apology and correction and the defendants failed to follow through, Newton suggested she be awarded $100,000 in damages.

Justice David Collins reserved his decision, and said he expected it would be released within eight weeks.

He hoped the rural community, which had packed the courtroom every day of the trial, could finally move on, whatever the outcome, he said.

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 ?? PHOTO: SCOTT HAMMOND/STUFF ?? The letters were sent to people linked to Rai Valley Area School, asking them to share their stories for a book about conflict within the school community.
PHOTO: SCOTT HAMMOND/STUFF The letters were sent to people linked to Rai Valley Area School, asking them to share their stories for a book about conflict within the school community.

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