Glenda Mather vows to continue defamatory comments battle
SHE says she has lost more than $500,000 fighting to clear her name, but the people's councillor Glenda Mather is not quite ready to throw in the towel.
In June, Cr Mather made an application in the Brisbane District Court to have a court order from October 2013 set aside.
The order was to pay $85,000 plus interest, to former Livingstone councillor John Smith, for making defamatory comments in a 4RO radio interview in 2008.
According to court documents Cr Mather said in the radio interview, a day before the Rockhampton Regional Council elections, "Mr Smith condoned the construction of a road by the Livingstone Shire Council at the cost of the ratepayers for the private and exclusive use of one non-ratepaying individual so that individual could go fishing".
In her application in the District Court to have the primary judgment set aside, Cr Mather, representing herself, claimed there was a failure by the other side to make full and proper "discovery" of a report she believed could have justified her statements in the radio interview as "factually correct". Discovery is the pre-trial procedure in a lawsuit when each party can obtain evidence from the opposing party.
But Judge Stuart Durward disagreed when he delivered his judgment on Cr Mather's application last week.
In Queensland District Court documents, Judge Durward said Cr Mather's allegations in relation to the documents were "entirely unwarranted and contrary to the plain facts readily evident from the conduct of the trial".
Despite saying she had lost more than half a million dollars from legal fees and the original settlement, Cr Mather said she was willing to go that extra mile because "I need to clear my name".
"It has been a struggle to stay on track with my normal local government duties ... I've been through an amalgamation and a de-amalgamation, plus, I have made all these court appearances and had to pay for flights to attend them over four years," she said.
Prior to Cr Mather's application being heard she said she had been served with a bankrupty notice from the other side in the Federal Court.
She said she was able to satisfy the court she was able to honour her debts and stave off any potential bankruptcy.