Liverpool mayor Ned Mannoun loses defamation case against councillor Peter Ristevski

Liverpool mayor Ned Mannoun has lost his defamation case against a former Liberal colleague, over Facebook comments which accused him of being a “crim” who defrauded a charity.

Liverpool mayor Ned Mannoun (left) has lost his defamation case against Peter Ristevski (right).

Liverpool mayor Ned Mannoun has lost his defamation case against a former Liberal colleague, who accused him on Facebook of being a “crim”, after a judge ruled he had not been seriously harmed by the publication.

The NSW District Court dismissed Mr Mannoun’s case on Friday and ordered him to pay Liverpool councillor Peter Ristevski’s legal fees.

The court heard that in a comment made in a public Facebook group called “Liverpool Council Shenanigans” in 2022, Mr Ristevski made allegations Mr Mannoun had fraudulently altered his business’ financial records.

“Nader Mannoun is a crim. He fraudulently inflated his financials to sell his business to a charity for $1m,” Mr Ristevski wrote.

“That charity has now lost $1m as the business was not worth that much.

Liverpool mayor Ned Mannoun. Picture: Monique Harmer

“I dare the grub to sue me for defamation so it can all come out in the public forum.”

The Facebook group, a space to discuss complaints about Liverpool Council, had about 250 followers when the comment was posted.

Liverpool councilor Peter Ristevski. Picture: Tim Hunter

Mr Ristevski argued the comment was a “small drop in the ocean of negative content” about Mr Mannoun in the social media group, where his reputation was “asserted to be bad”.

His lawyers also suggested the “crim” and “grub” comments were “just another allegation of the kind routine for politics at this level”.

“It is submitted that the plaintiff would need to establish not only that his reputation was worse, but seriously worse, as a result of the matter complained of, and that this has not been done,” Judge Judith Gibson said, summarising Mr Ristevski’s arguments.

Mr Mannoun’s legal team argued it was up to Mr Ristevki to establish the mayor had a bad reputation, and said the evidence did not establish people critical of him considered him a criminal, “much less a criminal who would defraud a charity”.

While the comment stayed online until just before the hearing in September, it was unclear how many people saw it, as Facebook filters views for comments differently from posts.

Mr Mannoun claimed “hundreds” of people saw it but Judge Gibson said there was “no evidence” this many people, or even tens, had accessed the Facebook page.

“The matter complained of was published to a handful of site followers and readers and those few who can be identified clearly already had a low opinion of his conduct generally,” Judge Gibson said.

Judge Gibson also criticised the evidence of Mr Mannoun and his two witnesses — his campaign manager and Liverpool councillor Matthew Harte, and Liverpool Council employee Tony Hadchiti — describing it as “poor”.

She said there were “compelling reasons why I should not accept the evidence of Mr Harte and Mr Hadchiti”.

The judge added that Mr Harte had “changed his evidence” on one topic “so often that his opinion is valueless”

“Their evidence cannot demonstrate serious harm,” she said.

Judge Gibson concluded Mr Mannoun had failed to establish the Facebook comment had caused serious harm to his reputation “either at the time of publication or prospectively in the future”.

Mr Mannoun will be ordered to foot Mr Ristevski’s legal bill out of his own pocket. The cost is still unknown.

Mr Ristevski, Mr Mannoun’s former accountant and an ex-Liverpool deputy mayor, was not a councillor at the time of the Facebook comment, but he won back his seat on the council when he contested September’s local government elections as an independent.

He told this masthead he had forwarded the results of the defamation trial to the NSW Government’s public inquiry into Liverpool Council.

The inquiry is investigating allegations of “maladministration” and “widespread dysfunction” at the council.

“I’m very happy (with the outcome of the case) and. personally, I think it was a frivolous attempt (by Mr Mannoun) to bring such an action,”Mr Ristevski told this masthead.

Mr Mannoun told this masthead a “line was crossed”, leading him to use his own money to launch the defamation claim.

He said his case had been made difficult by 2021 amendments to defamation law, which now required proof comments had caused, or were likely to cause, serious harm to a person’s reputation.

“With the way the law has changed, it’s more about how did this hurt you, and unfortunately we couldn’t prove how (Ristevksi’s comment) hurt,” he said.

“Ultimately, what Ristevski has said and continues to say about me and my family is revolting.”