ABC’s departing boss finds himself in the last place he wanted to be

ABC managing director David Anderson has just 23 days left as the boss of our embattled public broadcaster, and the Federal Court – dealing with the termination of radio presenter Antoinette Lattouf – is not where he wanted to spend it.

As he told this publication in 2021 of the ABC’s top job: “There is no reprieve. You can never turn off. I feel like I should be available all the time.”

This week has apparently been no different. “No, I haven’t watched proceedings,” Anderson replied, when asked about the highly public legal brawl which brought him to the witness stand.

ABC boss David Anderson and dismissed radio presenter Antoinette Lattouf.Credit: Alex Ellinghausen, Louise Kennerley.

Anderson can be forgiven for wondering how, out of all the controversies he has had to deal with over his tenure – including the incendiary ABC commando reports which included audio of extra gunshots – he was being grilled over a casual employee on a five-day contract filling in a sleepy shift on ABC radio just days before Christmas 2023.

As recently as the weekend, the public broadcaster had been trying to reach a cash settlement with Lattouf over her alleged unfair dismissal in December 2023. The dismissal came three days into a five-day contract hosting a local radio show in Sydney, and was triggered by her social media posts relating to the Israel-Gaza conflict.

A settlement would have meant Anderson, who developed a reputation as a safe pair of hands at Senate estimate hearings, would have avoided the grilling in the Federal Court, which delved into the cracks of the ABC’s argument that Lattouf was not sacked.

The ABC argues that Latouff’s role was terminated early over her failure to follow a directive from management about her “contentious” social media posts on the conflict. Posts which, according to the ABC, may have damaged its reputation for impartiality and independence.

“If what they express is advocacy for one single perspective, then that is problematic when it comes to impartiality,” Anderson told the court.

The ABC’s lawyers had already outlined their argument that the decision to remove Latouff sat with its content boss, Chris Oliver-Taylor. All a bespectacled Anderson, in his blue suit and tie, had to do in court on Wednesday was reprise his Senate performances, with his customary low-key demeanour.

Lattouf’s barrister, Oshie Fagir, had other ideas.

“Do you regard this as an impartial statement? Australia is a racist country,” Fagir asked, referencing the controversial comment by ABC’s star political reporter Laura Tingle.

“I have no problem with that statement, because it is based in fact, that we have a history of racism,” Anderson replied.

A more intriguing query about the impartiality related to another prominent ABC personality’s tweet about the Gaza conflict: “Israel is killing journalists again,” Paul Barry tweeted last October.

“You haven’t spent an evening reviewing Paul Barry’s tweets?” Fagir asked. “No, I haven’t,” Anderson responded.

The contrast with Lattouf’s treatment was awkward to say the least.

But the most problematic answer for Anderson, and the ABC, may be his response to whether proper procedure was followed when it came to Lattouf’s abrupt departure, including whether she was properly directed to stop social media posts.

“Hindsight is a wonderful thing. You would like to have seen that there was certainly a discussion with Ms Lattouf, to find out the motivation behind what I believed at the time was disobeying direction,” Anderson said.

He batted this grenade to Oliver-Taylor, who is to appear before court later this week. “Chris was empowered to make a decision ... I can’t second guess that decision,” he said.

Anderson announced his resignation last August, barely a year into a five-year contract extension by the ABC’s then chair, Ita Buttrose, who announced soon after that she would not seek a second term. She was replaced by Kim Williams in March last year.

Anderson ends his reign as ABC managing director at the end of this month but will be on hand for an indefinite transition period for new MD Hugh Marks, who is due to start on March 10.

But that will not be front of mind for him as he returns to court on Thursday.

The Business Briefing newsletter delivers major stories, exclusive coverage and expert opinion. Sign up to get it every weekday morning.