Parent collapses in tears on final day of Tamborine school defamation trial

A judge who has presided over a lengthy trial in the case of parents being sued for defamation by Tamborine Mountain State High’s principal has raised major concerns about the case. it comes after a dramatic day in court in which the school teacher was told to ‘rot in hell you bitch’.

A JUDGE has raised major concerns about a landmark $1 million defamation lawsuit launched by a Gold Coast high school principal.

Tamborine principal Tracey Brose is suing a group of disgruntled school parents over a series of comments on social media after she was suspended in early 2016.

While Education Queensland initially substantiated the allegations that led to Mrs Brose’s suspension, she was later cleared and returned to the job four months later.

After launching legal action against several parents, only three - Donna Baluskas, her husband Miguel Baluskas, and Laura Lawson, have continued to fight the case - without legal counsel, during a heated civil trial spanning four weeks.

The trial wrapped up at Southport District Court on Friday with Judge Catherine Muir retiring to compile her findings, but not before raising major questions about the case.

“How do I unravel this?” she asked Mrs Brose’s barrister Holly Blattman.

“(Your client) talks about hurt and distress but there is no medical evidence in this case at all.

“There were other circumstances at the time including the suspension.

“For a teacher of 19 years getting a letter saying she was going to be suspended and it not having any effect on her, is most surprising I must say.”

Donna Baluskas and Laura Lawson. Picture: Jason O’Brien

She also questioned the inconsistencies in settlements reached with other defendants and why some people who posted disparaging remarks online were not pursued at all.

“What do I make of the decision to settle with the seventh defendant - who just happened to be the only one who was represented, for nil, when their barrister was about to cross-examine the plaintiff in court?”

She said she hoped to deliver her judgement in the early part of next year.

Earlier today, one of the parents being sued in the landmark case collapsed in hysterics after breaking down during her closing submission.

Making her closing submission at Southport District Court on Friday, Mrs Baluskas fought back tears as she addressed Judge Muir.

After accusing Mrs Brose’s team of presenting “doctored” evidence which included samples of comments allegedly stemming from a Change. Org petition, Mrs Baluskas struggled to contain her emotions.

“I should not even be here your honour,” she said. “We are being sued under false pretences.

“I’ve just lost everything.”

Tamborine Mountain State High Principal Tracey Brose. Picture: Adam Head

After collapsing in tears, she was comforted by her husband, Ms Lawson and members of the gallery and helped from the courtroom as she yelled “Rot in hell you bitch.”

Mrs Baluskas said evidence submitted during the trial which allegedly showed offending comments on the petition were doctored because Change. Org does not use “likes” and “replies” like Facebook does, while the comments under Mrs Baluskas’ name were attached to her Facebook profile picture.

Meanwhile, another parent involved in the case, Laura Lawson, has enjoyed a key victory.

Appearing in Southport District Court today, Ms Lawson pointed out that one of her two posts fell outside the 12-month time limit for defamation action to be applicable.

The allegedly offensive post was made more than a year before an amended statement of claim was lodged by Mrs Brose’s legal team.

Appearing in court for Mrs Brose, barrister Holly Blattman conceded the post fell outside the statute of limitations and would not be pursued.

Ms Lawson is still being challenged over one online comment.

The trial continues.