Police spend nearly $1m on defamation defence against disgruntled employee

Melissa Opai, pictured leaving the High Court, lost her defamation proceedings against police. Photo / Dean Purcell

Police spent nearly a million dollars defending its reputation in court after a disgruntled employee claimed her senior sergeant defamed her.

And the legal costs could continue to grow with the potential for appeals to be heard in New Zealand's two highest courts.

Last week, Melissa Jean Opai, a former watch-house supervisor for Counties Manukau Police, lost her defamation proceedings against the Attorney-General, on behalf of the Commissioner of Police.

She claimed her former manager, Senior Sergeant Laurie Culpan, made defamatory remarks about her in a draft performance appraisal, an internal briefing paper, a complaint about her, and in diary notes during 2013.

She initally sued Culpan and the Attorney-General for $280,000 each in aggravated damages.

However, the High Court earlier dismissed Opai's case against Culpan, who was the commanding officer of the Counties Manukau station at the time, and later awarded him costs of more than $25,000.

Now, the Herald can reveal police spent a total of $841,590 on legal fees during the lengthy court proceedings, according to information released under the Official Information Act.

Police engaged top commercial law firm Buddle Findlay during the Employment Relations Authority leg of the matter, costing $186,367.

The case then made its way to the High Court due to the amount of compensation sought by Opai.

Once there, police used Crown Law, law firm Meredith Connell, and hired Matthew McClelland QC.

Some $132,830 was spent with Crown Law defending the defamation action, which reached a week-long trial in July.

A combined $334,076 was spent on McClelland, who led the defence, and Meredith Connell, which was instructed by Crown Law as the Crown Solicitor's office in Auckland.

A further $188,317 was spent with Buddle Findlay.

The figures for legal fees and disbursements paid by police were to the end of July, after four years of proceedings.

Bill Peoples, the police's national manager for legal services, said the Crown Law's fees were mostly for Crown counsel and assistant Crown counsel.

He was, however, unable to provide the number of hours Crown Law billed for.

Justice Timothy Brewer said in his judgment police were entitled to costs after winning the case which will be determined at a later date.

Melissa Opai's lawyer Neville Woods said his client was disappointed with the result and was considering an appeal. Photo / Dean Purcell

After the judge's ruling, Opai's lawyer Neville Woods told the Herald his client was disappointed with the result and was considering an appeal.

"She feels the judgment avoids addressing many of the concerns she raised, but she will continue to work towards bringing genuine change to address the current culture within the police. She is considering her legal options, including rights of appeal," he said.

"She is grateful the court gave her the opportunity for her case to be heard (after two unsuccessful strike out applications by police), for she has genuine concern about the attempt to silence her in raising complaints about the misconduct of other staff."

A police spokesperson said police acknowledged the court's ruling but had no further comment.

Justice Brewer said in his decision he was "increasingly saddened" as the case progressed and added it came as several personal grievances against police are currently before the Employment Relations Authority.

Opai began working for police in 2005 and became a file management support officer.

She alleged Culpan's comments were false, tarnished her reputation, ostracised her from colleagues, and prevented promotion.

Woods said during the hearing his client also suffered physical and emotional stress-related issues as a result of the dispute.

McClelland argued the remarks were published on occasions of qualified privilege and were not serious enough to engage in a defamation proceeding.

Justice Brewer said, in most respects, Opai was a model employee but her sense of responsibility caused friction with other staff, which was a concern for the station's management.

She has also accused several senior police officers of being "members of an old boys' club", misleading the courts and engaging in retaliatory conduct.

Opai began to see malice behind any of Culpan's actions, the judge said.

"I fear Ms Opai is now obsessed with the way she perceives she was treated as an employee," he said.