Christian Porter barrister case hears why rape allegation became public

A friend of Christian Porter’s accuser wanted the rape allegations against the politician to emerge to end his chance of being PM, a court has heard.

A friend of Christian Porter’s accuser wanted the rape allegations against the politician to emerge to end his chance of being Prime Minister –—as a form of “justice” — a court has heard.

The court has also heard the ABC journalist investigating the three-decade old allegations against the then Attorney-General told a source to delete all the messages on their encrypted chats.

Mr Porter is suing the ABC for defamation claiming they identified him as the subject of a 1980s rape accusation by a woman known as “Kate”.

The former Attorney-General denies all wrongdoing. Kate took her own life last year after declining to be interviewed by police.

Christian Porter reacts to Minister Defence Peter Dutton during Question Time in the House of Representatives on May 13. Picture: Sam Mooy/Getty Images

Kate’s friend, Jo Dyer, has launched a separate legal challenge claiming barrister Sue Chrysanthou SC gave her legal advice in the fallout of the ABC’s story late last year.

The Federal Court, on Tuesday, heard Ms Dyer wanted the allegations public because ending Mr Porter’s chance of attaining the prime ministership “would have helped (Kate) feel there had been some justice”.

“(Kate) was saying that, given how difficult it would be for her to pursue this case, a measure of success for her endeavours would be if Christian Porter did not become Prime Minister,” Ms Dyer told the court.

Ms Dyer clarified that if police did not prosecute and convict Mr Porter the public airing of the allegations would have to do.

“If all else failed it would have necessitated an inquiry into those allegations,” Ms Dyer said under cross-examination by Mr Porter’s barrister Christopher Withers SC.

Barrister Sue Chrysanthou SC (right) arrives at the Federal Court with her lawyer Rebekah Giles (left. Picture: NCA NewsWire / Gaye Gerard

Ms Dyer, who directs the Adelaide Writers’ Week, told the court she was interviewed by the ABC’s Louise Milligan about Kate’s allegations.

Ms Dyer said she spoke to Ms Milligan on the phone and WhatsApp before switching to encrypted program Signal.

The court heard the messages between the journalist and Ms Dyer have since been deleted.

Ms Dyer said that was partly on the advice of Ms Milligan and partly because her filing system is “chaotic” and others close to her advised her to take care with sensitive information.

“I think there was a hope I’d delete (messages) as we went along,” Ms Dyer said.

“I did not take that care with the messages and I did delete them en masse some months ago.”

The court previously heard from Kate’s former boyfriend, James Hooke, an executive at Macquarie Bank.

Mr Hooke said he was close to Kate, who is often referred to by the lawyers in the case by the initials “AB”.

“I have a personal preference to use her name,” Mr Hooke said.

He became emotional when the court heard Kate had died in June 2020.

“It was 11 months ago yesterday,” he said, his voice breaking.

The court was opened and closed multiple times through the day as the confidential information, alleged to be passed between Ms Dyer and Ms Chrysanthou, was discussed in detail.

Mr Hooke’s evidence was heard almost entirely behind closed doors.

If Ms Dyer succeeds in her legal challenge Ms Chrysanthou will not continue to act in the high profile defamation case against the ABC.

Ms Chrysanthou will give evidence on Wednesday.