The wife of an Air NZ employee who was made redundant was so unhappy with the way a manager spoke about him that she launched a defamation case against her - then tried to blackmail her into settling.
The 鈥渃oncerted campaign鈥 by the wife left the manager needing therapy to address the emotional trauma and had such a significant impact on her work, two weeks into a new job, she was subsequently made redundant herself.
Rachel Wills pleaded guilty in the Christchurch District Court to a single charge of blackmailing the woman, and was sentenced to five months of community detention, with a 7pm to 6am curfew. She was also ordered to pay $4000 in reparation to her victim for emotional harm.
Wills, who was then 44, was convicted last year but the judge鈥檚 sentencing decision in her case has only just been published on the District Courts鈥 website.
Her offending had its genesis in the layoffs at Air New Zealand as the Covid pandemic was beginning to bite in 2020.
Wills鈥 husband was one of those made redundant from the airline. Her victim, whose name was redacted from the decision, was then an Air New Zealand manager.
In the course of the redundancy process, the manager spoke about Wills鈥 husband in a way the couple felt was defamatory.
The couple began defamation proceedings in the High Court at Christchurch, and then sought to settle them by making threats to the victim鈥檚 lawyer, Tim Mackenzie.
聽鈥淵ou were aggressively trying to facilitate a settlement of the defamation proceeding,鈥 Judge Tom Gilbert said in his sentencing ruling for the blackmail charge.
In November 2021, Wills emailed Mackenzie saying that she had video from three different sources of the victim being involved in a car chase with her husband.
She said if she did not have a settlement agreement and confidentiality clause within five days, she would send the video footage to the board of directors and leadership team of the victim鈥檚 new employer.
Wills repeated the threat in another email the following day.
The judgment decision says Wills was trying to get the 鈥渂est monetary offer鈥 out of the victim, along with an apology for the alleged defamation.
鈥淚t turns out that video footage that you claimed you had of a car chase involving [the victim] and your husband was not, in fact, in your possession,鈥 Judge Gilbert said.
Wills and her husband withdrew the defamation proceedings. They were later ordered to pay $6500 in costs and disbursements.
Judge Gilbert said the victim had found it hard to separate the impact of the blackmail from the broader defamation case that was brought against her.
鈥淗owever, the whole course of conduct has clearly left her very shaken and taking active steps to avoid the possibility of coming across you and your husband.
鈥淭he stress caused her to take two weeks off work. She has had ongoing therapy to address the emotional trauma,鈥 Judge Gilbert said.
鈥淎s I understand it, her position is that she was just doing her professional role at Air New Zealand and, because of that, she unwantedly became the subject of a concerted campaign by you and your husband.鈥
By that time, the victim had also left Air New Zealand and was working for another employer, but was subsequently made redundant from her new job.
鈥淪he believes that the way in which this case impacted her contributed to her redundancy, which has left her with significant financial losses and an ongoing need for counselling.鈥
Wills applied for a discharge without conviction and name suppression on the blackmail charge, which the victim opposed and the judge denied.
鈥淭hat blackmail involved threats to take steps to ruin [the victim鈥檚] relationship and reputation with her new employer, including through the use of evidence that you said you had when, in fact, you did not have it,鈥 Judge Gilbert said.
鈥淪o not only was it a blackmail, it has the flavour of attempting to pervert the proper disposition of civil defamation proceedings.鈥
The judge also disagreed with a psychologist鈥檚 report which described Wills鈥 character as being 鈥渙f the highest level鈥 despite a previous brush with the law.
鈥淚n fact that 鈥榖rush with the law鈥 鈥 involved five instances of forgery in 2007 in respect of which you were sentenced under a different name in 2012,鈥 Judge Gilbert said.
He said Wills鈥 forgery and dishonesty at that time changed forever the lives of people who were 鈥渉ugely鈥 impacted financially, and two of them were bankrupted as a result.
Judge Gilbert said Wills avoided being sent to prison in 2012 after she agreed to pay reparation to her victims.
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