Dunedin Mayor Dave Cull is facing a $500,000 defamation action after being served with legal papers while walking down Bath St last Thursday. The claim was filed by fellow Dunedin City Councillor Lee Vandervis.
At a council meeting in December, Cr Vandervis had stated a belief that there were historical issues with the DCC tendering process, and raised concerns that the practice may be ongoing. He claimed that in the 1980’s, while working as a lighting and sound fitter, he had been required to back a 10 percent backhander in order to win council contracts. Mayor Cull took exception to the claim, and after receiving advice, instructed Cr Vandervis to leave the chamber, citing “repeated false statements”.
Vandervis insisted that he had presented evidence of the fact, which Dave Cull denied. Vandervis believes that his personal testimony is “as good evidence as you can get”, and claims this is not the first time Cull has called him a liar, but was the first time in public. Cull has since doubled down on the claim, saying “a liar is a liar”. According to Vandervis “Liar is the one word you know to never use in politics. It seems Mr Cull just hasn’t learned”.
This is not the first time the two have clashed, during the last election Cull called Cr Vandervis “shonky”, which was eventually resolved with mediation and an apology issued.
Vandervis says that the reason he filed the motion now was a result of meeting with a lawyer friend who urged him to pursue action, although some have speculated that the timing may be more due to the upcoming local body election.
He says he would still be willing to drop the claim if he were to receive a public apology and payment of his legal fees, and believes he has a very strong case saying “I can’t see how it possibly isn’t [defamation]”.
Dave Cull was unable to comment on the matter as he had not yet filed a statement of defense, but he expressed regret that it had come to this, saying “It is disappointing that a fellow councillor has chosen to take this step but I will defend my position strongly”
Otago University Law Professor Marcelo Rodriguez Ferrere believes the case could be contentious, and that Cull could have the defense of Honest Opinion available to him if he has reason to believe that Cr Vandervis’ evidence was insufficient. Because such a case could require a jury trial, it is unlikely to be resolved until well into next year.