31 Aug 2007
AG V WRIGHT HC AK CIV 2006-404-7325
- Citation
- openlaw-e6053b47_9d39_45ca_86ea_498e9fe9ce88.pdf
- Court
- High Court
The appeal is dismissed. The judge's finding that the police had misused qualified privilege under s19 was open on the evidence: the constable's conduct (publishing a photograph dated after the incident and inconsistent with the description, and failing to consider the risk the person was wrongfully identified) was so grossly negligent as to amount to reckless indifference to the truth; the judge properly applied s29 factors to reduce but not eliminate damages. The respondent's award of $35,000 and costs at scale 2B are affirmed.