Defamation spending was improper

Gosford Council has released records for 2003 which allow any reader to accept that well over $10,000 was paid as a direct result of councillors resolving to ask the general manager "to pursue all issues of defamation" late in 2002.

A policy 00/22 pursuant to the Local Government Act signed by the Director General of the Department of Local Government Gary Payne seems clear when it reads in part 5: "A council may not meet the cost of an action in defamation taken by a councillor or council employee as plaintiff in any circumstances."

Councillors resolved to use council resources improperly in the pursuit of all issues of defamation.

This ignores the Ballina Shire Council v Ringland 1994 Supreme Court of Appeal ruling which found in favour of William Ringland that an elected corporate entity has no entitlement to pursue defamation action.

This finding has been no secret, and has been referred to many times since 1994.

Using its ratepayers resources to interfere with the people's democratic rights is probably unconstitutional.

Edward James Umina