Vander Zalm guilty of libelling Ted Hughes

 

 
 
 
 
Former judge and inquiry commissioner Ted Hughes leaves B.C. Supreme Court in Vancouver. Hughes sued former premier Bill Vander Zalm for libelling him in his self-published book.
 

Former judge and inquiry commissioner Ted Hughes leaves B.C. Supreme Court in Vancouver. Hughes sued former premier Bill Vander Zalm for libelling him in his self-published book.

Photograph by: Arlen Redekop, PNG Files , Vancouver Sun

Former premier Bill Vander Zalm is mulling an appeal of a B.C. Supreme Court jury's ruling that he libelled the province's ex-conflict of interest commissioner Ted Hughes.

After deliberating overnight, the five-man, two-woman panel returned Thursday afternoon to say the 77-year-old Vander Zalm defamed his old political enemy in a self-penned, vanitypublished autobiography.

The jury found that in his 2008 book, William Vander Zalm: For The People, the former premier wrongly suggested in several passages that Hughes conducted a biased inquiry in 1991 that led to the erstwhile Social Credit leader's resignation.

The jury said Vander Zalm should pay $60,000 in damages and the judge also ordered him to remove the offending comments from any further copies of his text that are sold, distributed or published.

The charismatic populist, who led a successful tax revolt against the harmonized sales tax, was not in court for the ruling but said by phone he was "very disappointed."

"I had the book checked by lawyers before it was published, to make sure there was nothing libellous, but obviously that didn't work out too well," he said.

Vander Zalm claimed Hughes only launched his lawsuit after he "saw me being successful in the HST fight."

His lawyers were also less than conciliatory after the verdict and continued to insinuate the lawsuit over now-ancient political history was frivolous.

"I think given the length of time Mr. Hughes took to commence the lawsuit and the fact he thought it was appropriate to give his neighbours the book, it's a surprising verdict," said Frank Potts. "But there it is and it will be up to Mr. Vander Zalm to decide whether he wishes to take this further."

After the jury's verdict, Hughes' lawyers asked the judge to award him double legal costs, given that Vander Zalm had spurned a pretrial settlement offer.

But Vander Zalm's lawyers argued he shouldn't be penalized because he turned down the deal.

In December and January, the two sides discussed settling the bitter dispute out of court but the former premier thought his nemesis wanted too much: $25,000 in damages, roughly $80,000 in legal costs and a significant advertisement containing an abject apology published in four major newspapers. (Given the weeklong trial, Hughes' legal expenses are probably now over $100,000.)

"It was an attempt to have Vander Zalm shamed in the public square," his lawyer Tim Delaney complained.

He offered in return a qualified apology and some reimbursement on Hughes' legal costs.

"Publication was never wide in this case," Delaney added. "He only sold a handful of [the 3,000] books - it was self-published and never widely distributed."

Hughes, now 84, was pleased by the ruling that endorsed the integrity of his damning report on Vander Zalm's conduct two decades ago, which forced the former Social Credit Party leader to resign immediately in disgrace.

Outside the courtroom, the respected former Saskatchewan justice and B.C. deputy attorney-general accepted warm congratulations from a handful of friends.

"I am very satisfied with the decision," Hughes said. "I am gratified for the attention the jury gave to the matter. I have been in the justice system for 60 years and it's quite an experience to see it working so well from the other side."

He testified that he was shocked and depressed after reading Vander Zalm's attack on the fairness of his investigation into the $16-million sale of the ex-premier's theme park, Fantasy Gardens.

During negotiations, the buyer, late-Taiwanese billionaire Tan Yu, gave Vander Zalm an envelope stuffed with $20,000 in $100 U.S. bills.

Vander Zalm only acknowledged the cash existed when confronted by Hughes with a surreptitious tape-recording of the meeting provided by the sales agent.

His failure to disclose receiving the money and his inability to adequately explain its purpose have haunted him since.

Justice Laura Gerow will issue her ruling on costs Feb. 28.

imulgrew@vancouversun.com with file from Andrea Woo


 
 
 
 
 
 
 
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Former judge and inquiry commissioner Ted Hughes leaves B.C. Supreme Court in Vancouver. Hughes sued former premier Bill Vander Zalm for libelling him in his self-published book.
 

Former judge and inquiry commissioner Ted Hughes leaves B.C. Supreme Court in Vancouver. Hughes sued former premier Bill Vander Zalm for libelling him in his self-published book.

Photograph by: Arlen Redekop, PNG Files, Vancouver Sun

 
 
 
 
 
 
 

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