Photo: RNZ / Nate McKinnon
Westport accountant Frank Dooley's run-ins with Buller Mayor Jamie Cleine have been laid bare in court.
Dooley is suing for defamation over Cleine's allegation Dooley physically assaulted then-deputy mayor, Sharon Roche, at a public meeting in Westport in February 2022.
Dooley, who is currently a West Coast regional councillor and chief executive of Buller Electricity, was the first witness in the case which began in the Westport District Court yesterday.
During cross-examination, Cleine's lawyer, Daniel McLellan KC, asked Dooley about his history with Cleine and the Cleine family.
Dooley said he had known Cleine most of his life. Their families knew one another well, and he had employed Cleine's brother Warrick in his accountancy practice for a time.
Dooley agreed he was proud of Jamie Cleine in 2019 when he was elected Buller mayor.
"We were definitely supporters of Jamie," Dooley said.
McLellan said run-ins with Cleine began in September 2021, when Dooley wrote a letter to the editor of The Westport News criticising the mayor and Buller District Council (BDC).
"It's unsurprising that Mayor Cleine was very surprised and disappointed by that letter, which came out of nowhere," McLellan said.
Dooley disagreed the letter would have been a surprise.
McLellan said Dooley's letter claimed Cleine had not been supporting the West Coast Regional Council (WCRC), particularly Westport's Laura Coll McLaughlin, who was a councillor at the time. McLellan said Cleine had offered support to Coll McLaughlin.
Cleine called Dooley after the letter was published and left a voice message describing him as the "most f***ing ignorant man".
Dooley called Cleine back. He described their discussion as "straightforward… we didn't mince words".
McLellan said Dooley had yelled at Cleine. Afterwards, Cleine had texted a "measured response" and apology, he said. Dooley did not respond to the message.
McLellan outlined several instances where Dooley had publicly criticised Cleine and the BDC in the media, including articles and letters published by The News, Stuff, and The Greymouth Star.
"Your horns were locked with the local council, were they not, on what should be done for flood mitigation?" McLellan said.
Dooley responded he had disagreed with BDC's submission to the Te Tai o Poutini Plan but said flood mitigation had many aspects.
McLellan also referred to Dooley's criticism of Westport flood steering group members, Dooley's work with the Buller Builders and Associates group opposing BDC's finished floor heights policy, and other occasions where he had disagreed with BDC.
McLellan said tempers also flared at an O'Conor Home Trust meeting in November 2021. Dooley chairs the trust's management committee. Cleine is one of three trustees.
McLellan said the meeting went well until it discussed the design of a new independent care living facility and the BDC's finished floor heights policy.
He said Dooley told project manager Sean Casey to "direct the architect to forget about the 100-year floor height recommendation… because that's not going to be affordable, we're not f***ing doing it".
Dooley denied he had said that. He said he had told the meeting the Building Act required mitigation for natural hazards, but he did not support BDC's finished floor heights policy.
Cleine recalled Dooley had "absolutely flipped", McLellan said.
"You said something like 'I've had a gutsful of you and your f***ing council'. You said you were at war with Jamie Cleine."
McLellan said Cleine had asked for the meeting minutes to be recorded accurately. Dooley had responded "I decide what goes in the f***ing minutes".
"Do you endorse that kind of dialogue in a governance meeting for a socially positive organisation like O'Conor Home?" McLellan asked. Dooley said he did not.
McLellan said Dooley had bullied Cleine out of the meeting. "You got your way again."
Dooley said Cleine had decided to leave the meeting.
McLellan asked Dooley about an incident at the Westport Library on 9 February 2022 when Dooley wanted to take home a copy of the draft Te Tai o Poutini Plan, to prepare for a virtual TTPP meeting on 17 February. He had been unable to view the 700-page document online and wanted to study it.
Dooley said his exchange with library staff had been civil. He had later called the West Coast Regional Council and arranged to be sent a physical copy, he said.
McLellan said library staff had described Dooley as "agitated". Staff had explained the copy had to stay put but offered to photocopy some pages. Dooley told them he was entitled to the whole copy as a ratepayer.
"She (the librarian) said it was confronting. It was like you'd come in with an agenda," McLellan said.
About a month later the librarian filed a report about the incident and her concerns for staff safety.
McLellan said Dooley had gone to the public TTPP meeting on 21 February 2022, with documents, pre-prepared questions and a strong view the TTPP would have "catastrophic effects" if implemented.
Dooley had begun asking questions during the opening presentation. Roche asked him to keep his questions until the end.
Dooley had acknowledged he "flipped his lid".
"You'd already made up your mind not to sit and listen to this presentation, hadn't you?" McLellan asked.
Dooley disagreed. He also disputed directing further questions "forcefully and aggressively" towards the presenter.
"I have no hesitation in asking questions… but I am not aggressive," he said.
McLellan said Roche's request for him to desist had been polite and appropriate. Dooley disagreed.
McLellan said Dooley's description of Roche "advancing" towards him incorrectly portrayed her as the aggressor.
Dooley said that was not his intention. He said he put his right hand up twice to halt her, swore at her, and sat back down.
Dooley spent about five hours on the stand yesterday.
Judge Kevin Kelly told him to take a break at one stage, because he was clearly in pain from standing. His cross examination finished today, then the first of his 15 witnesses took the stand.
The case is set down for six days.