Benoit's Cove man defends Facebook posts about Sgt. Tim Buckle

A Benoit's Cove man says he cannot be sued for defaming a high-ranking Royal Newfoundland Constabulary officer because the comments he made on social media were accurate.

Junior McCarthy filed a statement of defence on Wednesday, less than a week after Sgt. Tim Buckle of Corner Brook filed a suit claiming McCarthy made false and damaging comments about him on McCarthy's Facebook page.

The statements by McCarthy were made in the comments section on his Facebook page, in which McCarthy said Buckle should lose his job.

McCarthy said the comments he made are "not inaccurate, misleading or untrue." If the comments are proven not to be true, McCarthy pleads the defence of fair comment, as it's just his opinion.

The statement also said that the "comments were made for the public benefit, involved an issue of public interest and concern and was made in good faith and without malice."

Comments involve Const. Kelly's case

McCarthy made the comments in response to a ruling by Corner Brook Judge Wayne Gorman, who presided over the case involving suspended RNC Const. Sean Kelly.

Kelly was convicted of making indecent calls and lying to police in February.

McCarthy's statement of defence said Buckle told Kelly, after learning his phone was used to make indecent calls, "You got to come up with somebody that called that number twice that used your phone."

It also notes that Buckle became Kelly's RNC Association representative.

In Buckle's statement of claim, he said the comments were false and "maliciously allege a criminal act."

It said the comments have caused Buckle to "suffer substantial and irreversible damages," including loss of "reputation generally, and in his employment and role as a police officer, in particular."

Buckle is suing for damages.