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John Pesutto concedes Dan Andrews’ criticism a factor in move to expel MP

John Pesutto has agreed that a criticism of one of his MPs by ex-premier Dan Andrews “would be a consideration” in moving to expel them amid his defamation fight with exiled MP Moira Deeming.

Deeming v Pesutto defamation case enters second week

Opposition Leader John Pesutto has conceded that a criticism by ex-premier Dan Andrews against one of his MPs “would be a consideration” in moving to expel them amid his defamation battle with ousted Liberal Moira Deeming.

The shadow the former premier cast over internal deliberations of the Liberal party was on display in the Federal Court on Wednesday, where Mrs Deeming is suing her former leader over claims he linked her to Nazis.

During a grilling by Mrs Deeming’s barrister Sue Chrysanthou SC, Mr Pesutto was asked whether he would move to expel a member of parliament in his party “merely because Mr Daniel Andrews had said something critical” about them.

“Not as a singular issue,” he replied.

“But it would be a consideration.”

Opposition Leader John Pesutto arrives at court with his wife, Betty. Picture: Luis Enrique Ascui
Opposition Leader John Pesutto arrives at court with his wife, Betty. Picture: Luis Enrique Ascui

Mr Pesutto agreed that Mr Andrews “did launch a number of attacks” on Mrs Deeming about her views leading up to the March 18, 2023 Let Women Speak rally that she helped organise, which was gatecrashed by saluting neo-Nazis.

Ms Chrysanthou said “irrespective of what Mr Andrews said, Mrs Deeming was a valued member” of the party.

“That was the position I had to maintain,” he said.

He admitted that when he issued a public statement calling for Mrs Deeming’s expulsion from the party the day after the rally, that neither Mr Andrews nor the media had made any connection between the ousted MP and the event.

“Not yet Your Honour, but the consideration among many was that was coming,” he replied.

Ms Chrysanthou put to Mr Pesutto that the “only reason” Mrs Deeming was publicly linked to the event was because he published a press release calling for her expulsion.

“I object to that,” he replied.

Mr Pesutto told the court he “wanted to make sure the party was protected” and sever any ties between the Liberal Party and the rally.

Mr Pesutto said “there was urgency to act” and that it was clear “how dangerous and how risky it was to the party and its reputation” that it could be tied to the event that Mrs Deeming helped organise.

Moira Deeming and her barrister, Sue Chrysanthou, arrive at the Federal Court Picture: Luis Enrique Ascui
Moira Deeming and her barrister, Sue Chrysanthou, arrive at the Federal Court Picture: Luis Enrique Ascui

During a heated closed-door meeting of the Liberal leadership on March 19, which Mrs Deeming was summoned to to discuss her fate, she was informed of online information about co-rally organisers Kelly-Jay Keen and Angie Jones allegedly linking them with extremism.

The pair also sued Mr Pesutto, but their cases were settled in May this year before it got to trial.

As part of the settlement, the Opposition Leader publicly apologised to the women “for any hurt, distress or harm” if his prior comments about them were “misunderstood” as conveying they were neo-Nazis or members of neo-Nazi groups.

Despite the apology, Mr Pesutto maintained that Mrs Deeming should still have disassociated with the pair.

John Pesutto says Jeff Kennett is contributing to his legal fees. Picture: Aaron Francis
John Pesutto says Jeff Kennett is contributing to his legal fees. Picture: Aaron Francis

Mr Pesutto said during the leadership meeting that was secretly taped by David Southwick MP, it was “my view and my leadership colleagues shared this view” that Mrs Deeming wasn’t prepared to condemn the pair.

But Ms Chrysanthou took him to the transcript of the tape that captured Mrs Deeming telling her senior colleagues: “I’m happy to condemn anything ... I’m not defending them.”

In the audio, Mr Pesutto was heard replying, “We’ll have to think that through, I don’t know.”

He told the court his view was “vindicated” 12 hours later when a public statement was issued by the rally organisers “that they had done nothing wrong”.

Pesutto gave Kennett names of ‘treacherous’ MPs

Mr Pesutto has admitted to supplying former Premier Jeff Kennett with names of Liberal MPs giving evidence against him in his defamation battle with ousted Liberal Moira Deeming.

The Federal Court heard those names were then published in the media under the title, “Treachery” alongside comments from Mr Kennett, who was helping pay some of Mr Pesutto’s legal fees.

Mr Pesutto confirmed he had disclosed details of settlement offers to Mr Kennett as Mrs Deeming accused him of defaming her after the Let Women Speak rally she helped organise was gatecrashed by neo-Nazis in March 2023.

Moira Deeming is accusing John Pesutto of defaming her after the Let Women Speak rally she helped organise was gatecrashed by neo-Nazis. Picture: Aaron Francis
Moira Deeming is accusing John Pesutto of defaming her after the Let Women Speak rally she helped organise was gatecrashed by neo-Nazis. Picture: Aaron Francis

Asked by Mrs Deeming’s barrister Sue Chrysanthou SC whether he’d told Mr Kennett names of Liberal MPs who prepared affidavits in support of the ousted MP, he replied, “some”.

MPs Kim Wells, Richard Riordan and Sarah Henderson were named in an Australian Financial Review article under the headline, “Treachery”, which Mr Kennett gave interviews for earlier this month.

The story, titled “’Grab the popcorn’: Vic Liberal civil war goes prime time”, included “scathing” comments from Mr Kennett about MPs giving evidence against their leader.

“I’m very pleased this case is going ahead so the public and the party can identify who those people are; who have been disloyal, and perhaps even treacherous,” the article quotes Mr Kennett as saying.

“In my opinion, they will be dealt with in due course when pre-selections are called for the next election. Where they are shadow ministers, they should immediately resign their portfolio.”

Mr Pesutto denies he passed on information about the court fight to Jeff Kennett. Picture: Glenn Hunt
Mr Pesutto denies he passed on information about the court fight to Jeff Kennett. Picture: Glenn Hunt

The court heard Mr Pesutto learned of those who were giving evidence in support of Mrs Deeming in May when his lawyers received affidavits as part of the legal process.

Mr Pesutto denied that he passed on information about the court battle to Mr Kennett so it could be passed on to the media.

He told the court he informed the former premier about settlement discussions “so he wouldn’t think I was being unreasonable”.

“I was telling people because I needed to assure people that I had been reasonable ... I didn’t reveal the contents”.

Mr Pesutto said comments were “being put around that I had been unreasonable in trying to resolve this matter”.

Asked if Mr Kennett was “helping pay your legal fees”, Mr Pesutto said he was making “a contribution”.

Originally published as John Pesutto concedes Dan Andrews’ criticism a factor in move to expel MP

Original URL: https://www.dailytelegraph.com.au/news/victoria/john-pesutto-concedes-dan-andrews-criticism-a-factor-in-move-to-expel-mp/news-story/1df746fba42a2827b34b347517adfc49