Nugent told the defamation trial, Saint John's pension problems were not comparable to San Diego's where there were lawsuits and a fraud investigation. Nugent says it was like day and night. Nugent told the court the reference made by Ferguson to San Diego in a public presentation to Common Council left the impression the Pension Board was up to no good.
When asked about Ferguson's reference to a desperate gambler, Nugent testified he thought that referred to the city's early retirement programme which transferred costs on to the pension plan.
Nugent told the jury Ferguson did not provide any information he claimed to have about the pension plan from professional people but left it hanging thereby leaving the impression of misdeeds and misconduct.
