The jury was told Ferguson is relying on his defense of qualified priviledge and fair comment when he accused the pension board of being derelict in it's duties and deceptive.
Mr. Justice Grant made notice of the alleged conversation with pension board trustee David Gould about disability pensions being handed out improperly.
The judge pointed out Ferguson did not reveal that conversation to his colleagues on common council for many months after.
The judge also described Ferguson as being combative under cross examination and said it was hard to reconcile his testimony about what he was not aware of or didn't know the meaning of.
