Activist wanted to ‘wound’ federal minister Peter Dutton with tweet, court told

A refugee activist being sued for defamation was trying to ‘wound’ cabinet minister Peter Dutton with his tweet, a court has been told.

A refugee activist being sued by Defence Minister Peter Dutton for calling him a rape apologist on Twitter was trying to “wound” the federal frontbencher with his tweets, a court has been told.

Shane Bazzi is defending a defamation lawsuit brought by the senior politician over a since-deleted tweet on February 25 stating “Peter Dutton is a rape apologist”.

Mr Dutton said he was “deeply offended” by the tweet and is seeking aggravated damages from Mr Bazzi, who crowdfunded $150,000 for his legal defence.

Mr Dutton’s barrister Nick Ferrett QC on Thursday said Mr Bazzi had “plainly” acted with malice when he posted the offending tweet.

Mr Ferrett pointed to the refugee rights campaigner’s other posts, including one labelling Mr Dutton a “fascist” and a “torturer”, and another calling him a “c--t”.

Peter Dutton said he was ‘deeply offended’ by a tweet calling him a rape apologist. Picture: NCA NewsWire / Gary Ramage

The barrister said he would have liked to question Mr Bazzi on whether he had sought “specifically to wound Mr Dutton”, but he had elected not to give evidence.

“Where is Mr Bazzi?” Mr Ferrett asked, rhetorically.

The tweet linked to a 2019 Guardian Australia article about Mr Dutton telling Sky News refugee and asylum seeker women detained on Nauru were “trying it on” and claiming they had been raped in a bid to secure medical transfers to Australia.

Hours before the tweet was sent late on February 25, Mr Dutton had fronted the media about his handling of former Liberal staffer Brittany Higgins’ allegation that she had been raped in Parliament House in 2019, the court was told.

During the press conference, Mr Dutton said he was not provided with the “he said, she said” details of the Higgins investigation, a comment that was widely reported, the court was told.

Barrister Richard Potter SC told Justice Richard White that the tweet was Mr Bazzi’s honestly held opinion, and it was based on proper material, namely, the Guardian article that had truthfully recounted Mr Dutton’s Sky News comments.

Mr Potter said Mr Bazzi’s other tweets, while “offensive” and “displaying animus” towards Mr Dutton, did not negate his honest-opinion defence.

Even if the judge concluded Mr Bazzi acted with malice, that alone was not enough to conclude it wasn’t his honestly held opinion, the barrister said.

The meaning of the six words “Peter Dutton is a rape apologist” is also at issue in the case.

Mr Bazzi denies the sentence suggested Mr Dutton condones or excuses rape.

Mr Potter told the court it would have been read by others as implying Mr Dutton “lacks sympathy or empathy” with the women on Nauru who had made rape allegations.

Mr Ferrett disagreed, saying: “No one, whether it’s a lawyer or a priest or the man walking down George St, thinks that rape apologist means anything other than we all understand it to mean.

“Someone who makes excuses for rape. Some who condones rape.

“The context doesn’t change it.”

The Defence Minister was the only witness in the short trial. Picture: NCA NewsWire / Gary Ramage

Mr Dutton gave evidence on Wednesday morning as the only witness in the case.

He said being criticised was part of the “rough and tumble” of holding the emotional, high-stakes home affairs portfolio, but Mr Bazzi’s tweet was beyond the pale.

The Member for Dickson said he had never sued anybody for defamation before but “took particular exception” to being labelled a rape apologist.

Mr Dutton agreed under cross-examination he did not see Mr Bazzi’s tweet until after he had extracted an apology over a similar statement from Greens senator Larissa Waters on March 24.

But he insisted he was hurt and offended afresh by Mr Bazzi’s post.

Justice White has reserved his decision.

Originally published as Activist wanted to ‘wound’ federal minister Peter Dutton with tweet, court told