Johannesburg — THE Citizen newspaper and three of its journalists were ordered to pay Ekurhuleni metropolitan police chief Robert McBride R200000 for defaming him in a series of articles published in September and October 2003, when he was shortlisted for the post.

The articles questioned McBride's suitability for the post, and referred to him as a cold-blooded killer in relation to his conviction for the bomb murder at a Durban bar where three women were killed in 1986.

The articles also claimed McBride flirted with alleged gun dealers in Mozambique.

Six articles were mainly editorial comment by acting editor Martin Williams and one was a column by Andrew Kenny.

Attorney for the newspaper Willem de Klerk said he had received instructions to consider the possibility of appealing against the judgment.

The damages award was R100000 less than McBride's advocate, Daniel Berger, SC, had proposed.

Johannesburg High Court Judge George Maluleke said: "The case for (McBride) is that he was granted amnesty for the attack on the Durban bar, and the charges for which he was detained in Mozambique were quashed without him appearing in court ."

The judge dismissed as without merit arguments by The Citizen that it was fair comment for the newspaper to refer to McBride as a criminal and that McBride's excursion in Mozambique which resulted in his arrest could be fairly described as a dubious flirtation with gun dealers. He said that comments and opinions founded on falsehoods and half-truths could not pass muster as fair comment.

"The defendants have failed to discharge the onus upon them to prove that the defamatory statements which they published are fair comments based upon facts that are true and are matters of public interest."

Maluleke said the Promotion of National Unity and Reconciliation Act stated that where any person had been convicted of any offence associated with a political objective in respect of which amnesty had been granted, any record of the conviction should be deemed to be expunged from official documents and the conviction should be deemed not to have taken place.

"The raking up without good cause and compelling reason of past offences of anyone who particularly has been granted amnesty in respect of those offences seems to be clearly impermissible," Maluleke said.

Maluleke said McBride was convicted and sentenced to death in 1987 for activities committed in 1986 in the context of an armed struggle against apartheid, and he was granted amnesty for this.

"There seems to be no good reason or relevance between the attack in 1986 within the context of the liberation struggle, and for which amnesty was granted, and the suitability for the position of chief of police in 2003," the judge said.

Maluleke said the lawful justification of fair comment relied on by the newspaper could not be sustained unless it was proved that the allegations of fact commented on were true and accurately stated.

"Public interest and freedom of expression do not constitute a licence to wrongfully defame an individual. since the human dignity of the individual is entitled to legal protection."

McBride faces charges of driving under the influence of liquor, defeating the course of justice and fraud, relating to an incident in 2006 in which he reportedly overturned his car.