Ex-TDU boss Mike Turtur to continue defamation lawsuit despite Facebook apology by Francene Connor
An apology on Facebook has done nothing to slow former Tour Down Under boss Mike Turtur’s defamation lawsuit, with a court hearing he intends to pursue the case all the way to trial.
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Former Tour Down Under boss Mike Turtur is “somewhat confused” and “at a loss for words” because the person he is suing for defamation apologised online, a court has heard.
The District Court has also heard Mr Turtur intends to pursue his claim against marketing identity Francene Connor, despite her apology, and take it to trial.
On Tuesday, Greg Griffin, for Mr Turtur, said Ms Connor’s latest Facebook post had been made without any input from his client.
“We’re somewhat confused as to the position the defendant is taking, going from ‘vigorous defence’ to posting a supposed apology,” he said.
“We’re at a loss for words as to where this matter is now going, other than toward a two-day trial instead of a five-day trial, given the admissions made in that post.”
In his lawsuit, Mr Turtur asked the court to order Ms Connor pay aggravated damages for having defamed his character online with “improper motives” and “ulterior purposes”.
He said that, on Facebook, she falsely accused him of stealing credit for the TDU from the late David McFarlane, of SA Major Events, and staying silent to “maintain the lie”.
In addition, he asserted Ms Connor falsely accused him of being “arrogant, dismissive, demeaning and unacceptably rude” toward local mayors and race volunteers.
Two months later, Ms Connor posted an “unreserved apology” online, saying Mr Turtur should be “applauded” for his contributions to both cycling and the state’s economy.
On Tuesday, Mr Griffin said he would likely call expert evidence at the trial.
“We will probably have to call people who would say Mike Turtur is, of course, a world-accredited and recognised expert in cycling,” he said.
“They would also say the person to whom the defendant referred is a complete unknown in the world of cycling, and could not possibly have pulled the TDU together.”
He said Ms Connor’s Facebook apology was “not consistent” with her defence to the claim.
Rebekah Griffith, for Ms Connor, said she did not agree with Mr Griffin’s “summary” of the state of the case.
“In terms of next steps, we would seek to have a settlement conference … we think that would be the most cost-effective way forward,” she said.
Master Mark Blumberg noted the ultimate outcome of the case would be decided on the evidence laid in court, not “extraneous documents” online.
He adjourned the matter to a settlement conference in September, saying a trial date would be set should be unable to reach a resolution.