campbell went on to sue superintendent of the province of canterbury james fitzgerald for libel on the grounds that he had been defamed in fitzgerald's letter to governor of new zealand george grey while seeking campbell's removal from office. fitzgerald's letter to the governor said ""i request the removal of an officer who has been condemned by the united voice of the public as wholly unfit to be entrusted with any public office whatever"". campbell initially won the case but the verdict was overturned on appeal on the basis that fitzgerald's letter to the governor was privileged, that campbell had not proven that fitzgerald acted in malice, and that campbell had misstated the alleged libel.