Defamation suit against Clark dropped

Published: 12:05PM Tuesday February 03, 2009 Source: NZPA

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An Auckland doctor has dropped a defamation suit against former prime minister Helen Clark after she publicly acknowledged he did not break the law.

Former Auckland District Health Board member Tony Bierre launched the defamation suit last year after Clark made comments in March questioning whether he had broken the law by misleading the DHB over a controversial laboratory contract.

Bierre has now received an open letter from Clark acknowledging he did not commit an offence.

"In my comments I noted that I would be seeking a briefing as to whether your breaches were offences. They were not, as I learned and accepted shortly afterwards, and continue to accept," Clark says.

"I trust that this letter, which is open and public, will resolve your concerns."

In a statement through his lawyer, Bierre says he will end defamation proceedings.

"This letter vindicates my position that I have never broken the law," he says.

Clark's comments on March 26 followed the High Court at Auckland overturning the decision by Auckland, Waitemata and Counties Manukau DHBs to reassign laboratory services from Diagnostic Medlab (DML) to Labtests Ltd.

Diagnostic Medlab claimed, and the High Court agreed, there was an improper use of insider information by Bierre who at the time was the Labtests' boss.

The High Court also ruled the three Auckland DHBs did not consult widely enough.

But the Court of Appeal overturned the decision in September, saying the health boards did consult properly and Bierre acted appropriately once his conflict of interest arose.

"Miss Clark's acknowledgement that I did not commit any offence provides me the opportunity to finally restore my reputation, and brings an end to a matter that has both jeopardised my professional career and inflicted significant emotional hardship on my family," Bierre says.

"I am pleased that this matter has been resolved and I look forward to moving on."

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