A KINGSTON councillor has been sued for defamation over a series of Facebook comments about a property developer.
Councillor Cameron Howe has been ordered to pay Sam Zuchowski $205,000. Zuchowski is the managing director of Cavendish, which is responsible for the development of the Patterson Lakes marina precinct.
The defamation ruling related to comments made by third parties on the “Carrum and Patterson Lakes Forum” Facebook page administered by Howe. The comments and posts were made prior to Howe’s election to council in 2020.
Ten publications were assessed by Judge Lauritsen in the Victorian County Court. Some of the comments questioned Zuchowski’s character and the integrity of decisions made within the Endeavour Cove precinct.
Lauritsen found that Zuchowski’s reputation was “badly damaged and there is a corresponding need to vindicate his reputation”.
“Mr Zuchowski was deeply hurt by what was said,” Lauritsen wrote in the judgement. “I have strived to gauge the size of the audience who would believe Mr Zuchowski was being defamed in the comments. I am satisfied it would include many of the adult population of the marina area.
“It is seriously defamatory to describe a property developer as corrupt and who has bribed a council. What people mean by the word ‘corruption’ can take many forms but bribery is a criminal offence. To these are added a greedy developer and a contemptible person. These descriptions have an individual and cumulative defamatory effect. Since these kinds of statements were made repeatedly, it is little wonder they adversely affected Mr Zuchowski’s reputation, his relationship with residents of the marina area and with the council.”
In a statement, Howe said he is considering an appeal.
Howe also sued Amber Zuchowski over comments made as the development manager of Cavendish at a public Kingston Council meeting. He was awarded damages of $15,000 against Cavendish, with Amber Zuchowski jointly liable for $10,000.
First published in the Chelsea Mordialloc Mentone News – 12 October 2022