A complaint by Benedict Ong against a fellow Dunedin city councillor alleging “discriminatory remarks” has been dismissed after it was found to be without substance.
Cr Ong had complained about what he claimed were discriminatory remarks by Cr John Chambers.
A preliminary assessment by barrister Steph Dyhrberg was made available to the Otago Daily Times this afternoon.
“There is insufficient basis to warrant further investigation, and so I dismiss the complaint,” she said.
Her lengthy report went into detail about alleged comments, how they were interpreted and her efforts to get to the bottom of what had happened.
“Although Cr Ong was offended by what he thought Cr Chambers said, the evidence indicates Cr Chambers’ remark was misinterpreted,” the report said.
Ms Dyhrberg found the complaint was without substance, she said in her 58th and final point.
She also made the observation Cr Ong was “resistant to participating openly in the complaint process, despite it being his own complaint”.
“I advised him that complainants are expected to be forthcoming about what actually happened and to answer questions. Cr Ong debated every aspect with me, but provided little information. That was his choice.”
Pressed about precisely what the allegation was, Cr Ong alleged Cr Chambers had said: “Our South Asian community act in bad faith in taking business degrees, not in the intent of studying, but in order to work in vape stores.”
The report noted Cr Chambers had a vastly different recollection of events.
The context was a discussion about economic development and immigration, he said.
Given his previous career as a doctor, he had commented to the effect: “I had noted that a recent trend perhaps in the past year or so for arrivals from South Asia working in bottle stores and vape stores and ‘was that the economic development that we’re looking for?’.”
He denied making disparaging comments about South Asian people.
He also denied commenting that South Asian people were coming under the pretext of studying and instead working in places such as vape shops.
Ms Dyhrberg concluded: “I consider it more likely than not that, in the context of discussing economic development and immigration, including from South Asian countries, Cr Chambers commented on South Asian people getting jobs in vape shops and that the city should be making better opportunities available to them.
“I find it highly unlikely he commented on the misrepresented intent of people coming to study in Dunedin, or intended any discriminatory meaning.”
Ms Dyhrberg said she believed the incident was more likely to have occurred as Cr Chambers recalled it.
“I consider it more likely Cr Ong has interpreted the events, including his own observations, and reflected what he has made of the matter in his complaint.
“That is supported by his reluctance to focus on what Cr Chambers actually said, and instead to talk about the implications and his thoughts about what he believed had been said.”