Dooley vs Cleine defamation case: If anyone lied, it was Dooley - lawyer

Some witnesses saw a raised fist - others did not.

But that didn't mean anyone was lying in the Dooley vs Cleine defamation case, the Westport District Court was told on Tuesday.

Westport accountant Frank Dooley is suing Buller Mayor Jamie Cleine for defamation over the mayor's claims Dooley raised a fist to then-Deputy Mayor Sharon Roche at a public Te Tai o Poutini (TTPP) meeting in Westport in February 2022. Dooley has admitted he "flipped" and swore at Roche, but denies he raised his fist at her.

"Some witnesses saw a fist, others did not," Cleine's lawyer, Daniel McLellan KC, told the court in his closing submission. "That is not surprising given how quickly this unfolded. Importantly, Dooley's witnesses, who did not see a fist, were positioned behind him, 10-12 metres away. When he turned to face Roche, his fist could easily have been out of their view."

Because Dooley had lost control of himself, he might genuinely believe he did not raise a fist, McLellan said.

"However, if anyone has lied, it is not Roche, the mayor or the other defence eye-witnesses - it has to be Dooley. He could not bring himself to tell his wife what he had done because the truth was so deplorable that he did not have the 'courage' to do so.

"Indeed, it was Mrs Dooley's evidence that, to this day, he has not admitted to swearing repeatedly at Roche, raising his hand twice, or losing control."

Dooley's misconduct was unprofessional, verbally abusive, bullying, intimating and physically threatening, McLellan said. Roche believed he was going to hit her.

"It follows that Dooley's behaviour was capable of amounting to a criminal and statutory assault. For that reason, again, Mayor Cleine's reference to an assault was substantially true."

McLellan said the court had had two different accounts of the incident. Dooley claimed Roche had advanced on him, he had sworn at her, waved her away and sat down. Dooley said he was not intimidating, although she might have felt intimidated.

Dooley's story was backed by Brett Avery and four others who were 10-12 metres away, and Charlie Elley who was outside the room. Their unreliability was underlined by the fact Paul and Kyle Avery, Michael Bade and Glen Duncan had only "signed up" to Brett Avery's statement, rather than give detailed statements when events were fresh in their minds, McLellan said.

Cleine's account was supported by Roche and six others in the room who were well-positioned to see what happened. Several, including Roche, had testified Dooley raised his fist at her.

"The truth is, he was so enraged at being 'interrupted' by the diminutive female deputy mayor that his 'switch triggered' and he 'flipped', as he put it."

Dooley had failed to take responsibility for his actions and to sincerely and unreservedly apologise, McLellan said.

Cleine's subsequent comments to the Westport News and his letter to West Coast council and TTPP officials, were "true or at least substantially true", McLellan said. Dooley had failed to prove the comments were defamatory of him - a reasonable reader of The Westport News would understand there had been a verbal assault, Roche had been breasted up to, sworn at and a fist had been raised.

The article did not name Dooley and only a very small number of people could have worked out it referred to him. Dooley had outed himself in a letter to the editor the next day.

"Mayor Cleine should not be held responsible for that."

Dooley alleged the mayor had written to West Coast council and TTPP heads to humiliate him because he was considering running for office, and possibly the mayoralty, and because he had had run-ins with the Buller District Council (BDC) and the mayor.

McLellan said Cleine had not been motivated by ill-will. The mayor had a duty to write the letter for health and safety reasons. His comments in the letter were protected by qualified privilege. Dooley had not come close to proving the main motive was to injure him.

The mayor had released the letter to the Greymouth Star to comply with BDC's obligations under the Local government Official Information and Meetings Act.

Recounting previous incidents involving Dooley, McLellan said Dooley admitted he had "absolutely flipped" at the mayor at an O'Conor Home Trust meeting in November 2021. Dooley did not mention the incident in his brief of evidence.

Dooley had described his exchange with Westport librarian Misato Nomura in February 2022 as "civil" despite her saying he was demanding, rude, confrontational and entitled.

McLellan said the court had seen two sides of Dooley. While testifying he was "respectful, subdued, even half-apologetic". In a video-taped police interview days after the TTPP meeting he was "belligerent, self-serving and ready to blame others".

McLellan said Dooley had an ingrained misogynistic view that women needed to be rescued by men. Because men had not intervened during the incident at the TTPP meeting, Dooley maintained his behaviour was no worse than "probably inappropriate".

Dooley had described Cleine as "cowed in the friggin' corner" and questioned why Di Rossiter, and not her husband Phil, had intervened. During Dooley's subsequent police interview he had referred to Greymouth Star chief reporter Laura Mills as a "little Irish girl" with a "beautiful accent".

McLellan said the run-ins between Dooley and Cleine had reached a high point in a voicemail in September 2021 when Cleine called Dooley the "most f***ing ignorant man".

Cleine had been upset Dooley had not spoken to him before writing a letter to the editor of The Westport News inferring Cleine had been disrespectful to regional councillor Laura Coll McLaughlin - whom Cleine had supported, McLellan said.

Dooley had called Cleine back and "screamed down the phone at him".

The mayor had tried to deescalate the situation and apologise. Dooley did not reply, McLellan said.

"The fundamental problem here is not that Mayor Cleine had ill will towards Dooley, rather it is Dooley's self-aggrandisement and sense of entitlement."

Dooley saw everything in absolutes: victory or humiliation, McLellan said.

If the court decided Cleine had defamed Dooley, it should not make a declaration Cleine was liable - Dooley could not be considered blameless, any harm to his reputation was minor and his own efforts at damage control had revealed his appalling conduct, McLellan said.

Dooley's lawyer, Robert Stewart KC, began his closing submissions in the six-day trial early Tuesday afternoon.

- The Westport News