M'Murchy v. Campbell And Maclullich

Subject_1 Reparation Subject_2 Slander Subject_3 Public Official Subject_4 Averment of Malice — Relevancy. Facts: In an action of damages for slander at the instance of a police sergeant against his superior officer, in respect of statements contained in an official report— held that the action was irrelevant because there was no special averment of facts and circumstances from which malice could be inferred.

This was an action of damages for slander at the iustance of Donald M'Murchy, sometime sergeant of police at Oban, against Peter Campbell, late inspector of police, Oban, and John Campbell Maclullich, S.S.C., Procurator-Fiscal, Inveraray.

The pursuer averred—“These statements regarding the pursuer are unfounded and malicious falsehoods, and represented the pursuer to have acted as an immoral and dissolute person, and to be unworthy of employment in the police force.” He stated that in consequence of the report having been sent to the Chief-Constable he had been suspended for two weeks, but that he had been reinstated after the charges had been investigated by the Police Committee at Inveraray, and found to be without foundation.

The defender Campbell stated in answer that the facts contained in the report were currently reported about Inveraray and Dalmally. This the pursuer denied. Campbell further stated, that as the pursuer's superior officer, and in the discharge of his duties, he had made the report to the Chief-Constable.

The defender Maclullich stated that he had no knowledge of the report until a copy of it was sent him in his official capacity by the Chief-Constable.