A former Millbrook parish councillor is to receive substantial, but undisclosed, damages and costs, following a libel case heard in Plymouth.
Architect Mr Bob Woffenden, who has lived and worked in the village for over 25 years, took action against fellow councillor Jonathan Moore for libel and slander.
This week a settlement was reached and an apology made by Mr Moore which was read out in open court on Wednesday before His Honour Judge Overend, sitting as a High Court judge for this purpose. It related to a wrong accusation - that Mr Woffenden had abused his position of trust as architect to a project to develop Millbrook village hall in l995. Mr Moore, apart from making the public apology, agreed to settle the claim for libel and slander by paying Mr Woffenden damages, and his costs in full.
Proceedings are still continuing against a second defendant.
The claimant's solicitor, Tony Jaffa of Foot Anstey Sargent, said Mr Woffenden had been a member of Millbrook parish council for 12 years, until April l999. Mr Moore was co-opted on to the parish council in April l998 and was elected, a month later, as vice chairman. At the time of the defamations which gave rise to the action he had been a councillor for two months.
Mr Jaffa told that court that when the parish council decided to develop the village hall it was not practical for Mr Woffenden to provide his services completely free of charge and so, in July l995, the council agreed to engage him at a rate more than 25 per cent below the RIBA recommended fee scale rate. In a letter to Mr Woffenden from the parish council clerk it was agreed that he would not attend council meetings when a conflict of interest was likely to arise, and Mr Woffenden made it a condition of the agreement that the district auditor be informed of his appointment.
Later, when it became clear constant supervision was needed for the project, Mr Woffenden suggested Roger Bewes be employed as a supervisor, as he had been involved in decorating as a volunteer. Mr Woffenden envisaged a time input of the supervisor of around 150 hours and suggested a one-off payment of £500, which he agreed would be accommodated within his previously agreed reduced percentage fee.
Following the completion of the project in September l997 Mr Woffenden submitted his account to the council, with the £500 he had already paid to Mr Bewes, clearly itemised.
Mr Jaffa said in June l998 Mr Moore wrote a letter to the chairman of Millbrook parish council, which was copied to other council members and the parish clerk, wrongly accusing Mr Woffenden of 'having acted in a dishonest, corrupt and improper manner by appointing Mr Bewes to supervise part of the village hall project, and by paying him a fee for his time.'
Mr Moore also wrongly accused Mr Woffenden of having abused his position of trust as architect to the project. A further letter, along the same lines, was also sent to the council chairman and at a meeting in June l998 Mr Moore also proposed a resolution that Mr Woffenden should resign as a parish councillor. Later an extraordinary general meeting of the council was held to debate the motion calling for resignation. At that meeting, the court was told, Mr Moore 'repeated the allegations of dishonesty, corruption and abuse of trust in the presence of a gathering of over 70 people, including parish councillors, members of the public and a press reporter.'
Mr Jaffa said: 'These allegations were without any foundation whatsoever. As such, they represent a grave slur on the claimant's personal and professional integrity, particularly in the light of the many services that he has provided to the parish council, and to the village of Millbrook, during the last ten years or so.'
Judge Overend heard that Mr Moore profoundly regretted that the allegations were ever made, and wished to apologise for them unreservedly and withdraw them.