Launceston Mayor Matthew Garwood has lost a $15,000 defamation case he brought against an 80-year-old pensioner over a mistaken Facebook post about illegal parking.
Deputy Magistrate Ken Stanton handed down the decision on Wednesday, ruling in favour of Ray Norman.
Garwood was not present in the Launceston Magistrates Court when the outcome was announced.
The case stemmed from an email Norman sent to around 15 people in July last year, claiming the “Lord Mayor of the Mall” had parked in a disability bay for five hours without a permit.
The email ended up on a Facebook page called Launceston Chit Chat with an image modified to include Garwood’s face and contact details.
Norman had made a mistake.
The phrase “Lord Mayor of the Mall” was actually a nickname for a local businessman, not a reference to Garwood.
Garwood launched defamation proceedings in August last year and represented himself throughout the case.
He told the court during an earlier hearing that the post had caused him stress and anxiety and that he had cried himself to sleep the night he saw it.
“To walk even down the street and have a jovial comment thrown your way around allegations that have been … directed towards you, whether in jest or not, it takes a toll,” Garwood said.
Stanton found the comments Garwood pointed to as evidence of reputational harm were likely made in jest.
“That is not evidence of serious harm to the claimant’s reputation,” Stanton said.
While the email was “inappropriate, unreasonable, prejudiced and malicious in its tone and content,” Stanton said that was not enough to establish defamation.
He noted the central allegation was about a parking infringement and social media posts were generally known to be less considered and more prone to inaccuracy than other forms of media.
The council had also dealt with the matter within days, clearing up the confusion.
Norman’s lawyer Ross Hart made an application for costs, which was adjourned.
