A regional mayor and his council colleague in the western New South Wales town of Coonamble have levelled defamation threats against a community radio station for questioning ongoing delays to a local infrastructure project.
At the core of the dispute are on-air comments made on February 13 by Coonamble Community Radio host Don Schieb, which questioned the cause of delays to the Coonamble Artesian Spa project. The project is a local development that the council promises will boost tourism to the region with the support of a $5.5 million grant from the NSW government’s Regional Tourism Activation Fund.
While on-air, Schieb questioned whether the project, for which a feasibility assessment was first carried out in 2010, had been subject to delays as a result of alleged politicking, as the council considers several site locations.
By the end of the week, both the station and Schieb had been issued with concerns notices, according to letters seen by Crikey.
The councillors threatening litigation are Coonamble Mayor Tim Horan and Councillor Brian Sommerville. The pair claim the “defamatory imputations” of the comments made by Schieb are “serious” because they implied both councilmen are “corrupt” or “trying to derail and delay” the project.
The men are chasing damages worth $75,000 and $55,000, respectively, which would be enough to run the volunteer-led radio station aground, Crikey understands.
The Coonamble Community Radio station, which goes by MTM FM 91.9, was founded in early 1998 by a “small group of passionate volunteers”, according to its website, before taking its first transmission to air in October that year. The station is currently run by a committee of six, led by president Terry Lees and secretary Felicity Keady. Keady, on behalf of the station, declined to comment.
In letters sent by the councillors’ lawyers, they allege their clients feel falsely accused of “engaging in politics” and that, as a result, their reputations and “future endeavours in the political landscape” have been harmed. The letters were sent to the station in late March by solicitor Stuart Gibson, who is representing both councillors. Gibson declined to comment.
The station, in a letter from its solicitor, offered to make amends by removing all traces of the two audio segments in question, along with the broadcast of a prominent apology and a promise to avoid making similar comments again in future.
The councillors declined, threatening to advance the matter to litigation if the station refused to pay as much as $130,000 in combined damages, plus expenses, which on March 29 were costed at $5500 per councillor.
“The fact that your client is a not-for-profit incorporated association and community radio broadcaster is irrelevant to the question of damages,” Gibson wrote to the station’s legal team.
“In fact, it highlights the fact that a community radio station, which runs on public donation, should be more responsible and have appropriate protocols in place to address defamation issues on air.”
In the case of Sommerville, Gibson has claimed that damages were justified because the first-time councillor had “suffered losses to his business”, a local store called Sommos Toys & Variety, as a result of Schieb’s on-air comments.
The most recent correspondence seen by Crikey was sent by the radio station’s solicitor, Tim Cullenward, to leadership at the station, urging the committee to prepare for the worst. Cullenward didn’t respond to a request for comment.
“It appears both parties intend to commence proceedings unless these damages are paid,” Cullenward wrote in early April.
“At this stage we recommend briefing an appropriately qualified barrister in order to defend any proceedings brought by Messrs Horan and Sommerville. We think it would be prudent to do so urgently, and obtain specialist advice in the event that proceedings are commenced.”
