Swiggs’ backers ditch key claim

Supporters of embattled former Christchurch councillor Deon Swiggs have dropped a key allegation in their legal battle to prove his election campaign was sabotaged.

Swiggs’ backers took their fight to the Christchurch District Court to argue the electoral process during October’s local body elections had been compromised.

But after hearing more than four hours of legal argument and evidence from witnesses yesterday, Swiggs’ team dropped a key pillar of their case.

As a lawyer for Jake McLellan, who won the Central ward seat ahead of Swiggs, told the court the evidence against his client was little more than ‘‘speculation’’, the representative of Swiggs’ supporters interrupted to say they were dropping their claim that McLellan’s campaign team had ‘‘orchestrated a campaign of allegations and innuendo’’ against him.

Paul McMenamin told the court the petitioners had realised their argument ‘‘would not be sustainable’’.

The decision has left a single point for Judge Paul Kellar to consider before he releases his decision next week – that unidentified young people had released ‘‘unsubstantiated allegations’’ to the media via the Canterbury Youth Workers Collective (CYWC) at a critical point in the election deliberately to sabotage Swiggs’ campaign.

It is the second time Swiggs’ supporters have dropped a claim.

Two weeks ago they withdrew an allegation the council failed to carry out a Code of Conduct process in good time.

Richmond Residents Association member Hayley Guglietta, who is leading the legal battle, said the first claim was dropped as it would likely form a key part of legal action Swiggs himself is expected to take, while the argument of an orchestrated campaign of allegations was pulled because there was no legal case for it beyond circumstantial evidence.

Swiggs lost his seat to People’s Choice/Labour candidate McLellan weeks after allegations emerged that he had sent ‘‘grossly inappropriate’’ messages to youngsters – claims he denies. The CYWC made five complaints on behalf of four males and a female, one of whom is 15.

Allegations were made by his supporters against five parties – McLellan, the Christchurch City Council, electoral officer Jo Daly, CYWC and the Christchurch Youth Council.

Guglietta told the court there was ‘‘overwhelming circumstantial evidence’’ the election had been sabotaged.

Joshua Shaw, representing McLellan, said much of that evidence was hearsay. ‘‘The petition is little more than innuendo, rumour, speculation, drawing lines between dots where those inferences can’t be safely drawn.’’

McMenamin argued there had been a ‘‘blitz of negative information’’ about Swiggs – who attended yesterday’s hearing – that amounted to ‘‘grossly defamatory’’ claims being made without him having chance to respond.

Earlier, People’s Choice/ Labour campaign manager Kaitlyn White ‘‘categorically denied’’ making the complaints about Swiggs public.

White, the Labour Party’s youth vice-president, said she believed none of the complainants were involved with the Young Labour movement but ‘‘didn’t want’’ the allegations to emerge during campaigning as they would ‘‘overshadow’’ the election.

McLellan also said that while he knew from White as early as July that the complaints were against Swiggs, he wanted to distance himself from the allegations as it could look like he had something to do with them.

‘‘Having observed Mr Swiggs over three years on the community board, I had a feeling it perhaps related to inappropriate behaviour.’’

Deon Swiggs

Paul McMenamin told the court the petitioners had realised their argument ‘‘would not be sustainable’’.