The Snitch: State MP Gareth Ward launches defamation case against radio station 2SM

Why is a state MP suing for defamation? Can Bruce Lehrmann still become a lawyer? And which judge hates being wished a good morning? The Snitch is here.

Embattled state politician Gareth Ward looks to have fired his first shot in the reputation rehab stakes.

The Kiama MP has launched a defamation case against radio station 2SM in the Sydney District Court.

Ward has been under the microscope in recent years after being charged over a historic sexual assault (which he emphatically denies) and unfortunate drama in New York during a late night massage, which allegedly turned into an extortion attempt (also nothing to see here, says Ward).

So what’s the case all about?

It’s a bit of a mystery at the moment as Ward was uncharacteristically quiet on the topic when Snitch inquired this week.

All he would say is that he was under strict instructions from his lawyers to keep it zipped. The same went for 2SM.

The station is home to iconic Sydney broadcaster John Laws. But Lawsy declined to confirm if Ward’s case was targeting his work or if it was one of his colleagues, or something else entirely.

Gareth Ward outside Nowra Courthouse in March, 2023. Picture: NCA Newswire/ Monique Harmer

So we will have to wait to see if more details are heard when the matter lands in court on May 9.

Ward had been due to face a three week trial over an alleged historical sexual assault in the Sydney District Court from April 8 before the case was delayed.

Police allege the assault took place in 2013 while Ward strongly denies the allegations and will plead not guilty.

The matter will be back in court on Monday where it is expected that a new trial date will be set.

Ward has been excused from appearing.

FIT AND PROPER BRUCE?

Would it be wise for Bruce Lehrmann to take a permanent gap year from his studies?

Lehrmann’s exposure to the legal system thanks to his aborted rape trial are said to have inspired him to sign up to a law degree at Notre Dame University.

But after Justice Michael Lee’s devastating judgment (for Lehrmann) on Monday, it’s fair to wonder if there is any point in the ex-political staffer continuing his studies.

Justice Lee made a finding that Lehrmann raped Brittany Higgins inside Parliament House in March 2019.

But he made the finding to a civil rather than a criminal standard.

Bruce Lehrmann. Picture: Don Arnold/Getty Images

This means the judge was satisfied the rape occurred on the balance of probabilities instead of the more concrete ‘beyond a reasonable doubt’ requirement in a criminal case.

And Lee’s findings do not equate to a criminal conviction for Lehrmann.

So what does it mean for Lehrmann’s chances to go full Atticus Finch in the next act of his career.

The prognosis doesn’t look good.

We won’t bore you with the technical details, but one of the hurdles is that Lehrmann would have to pass the fit and proper person test at multiple stages to get his lawyering licence.

So it’s a question of how they would look at Justice Lee’s civil finding that Lehrmann is a rapist and also that the judge said he was a liar and a dishonest witness.

The state’s Legal Profession Admissions Board gives a lengthy explanation about what is taken into account.

Brittany Higgins. Picture: Colin Murty

“Generally … your duty is to disclose any matter which does or might reflect negatively on your honesty, candour, respect for the law or ability to meet professional standards,” the LPAB’s disclosure guidelines said.

The wildcard is that Lehrmann has never been convicted of an offence despite Justice Lee’s findings.

However, he does have a possible second trial to come after he was accused of raping a woman in Toowoomba in 2021.

He has pleaded not guilty and strongly refutes the allegations.

NOT-SO-SPRUCE BRUCE

Still on Lehrmann, and can we take a brief moment to unpack just how royally Bruce stuffed up his life and financial future.

After enduring the first round of stories in 2021 where he was not named in reports where Brittany Higgins alleged she had been raped in Parliament House, Lehrmann settled out of court with a number of media organisations of just shy of half a million dollars.

Also, the first run of his rape trial was aborted thanks to juror misconduct and then he was acquitted after prosecutors opted not to go for round two owing to Ms Higgins’ ailing mental health.

Justice Michael Lee ended Bruce Lehrmann’s hot streak

Advantage Bruce, right?

It was at that point that Lehrmann should have cashed out and left the table.

Instead, Lehrmann thought he was on a hot streak.

He went all in on the world’s most ill-advised defamation case against Network Ten and Lisa Wilkinson.

Even if he won, the case still damaged his reputation given all the allegations of drug use and hiring of Bruce masseuses in exchange for interviews with Seven’s Spotlight program.

But he didn’t win.

Worse, Justice Michael Lee branded him a liar and a rapist.

Most, if not all, of the half a million (or more) would likely have been spent on his lawyers in the case.

Oh, and he is also likely to be ordered to pick up the bill for Ten and Wilkinson’s lawyers, which is rumoured to be about ten million clams.

If he could have his time again. What do you reckon?

NOT THE WRIGHT IDEA

In the ruthless world of criminal law, barrister Ertunc Ozen SC is something of an outlier - he’s friendly.

His good nature was working against him recently when he got chipped by NSW Supreme Court Justice Robertson Wright.

Mr Ozen’s crime: Saying good morning to the judge.

Justice Robertson reminded Mr Ozen there is a published legal precedent explaining why it is not appropriate to wish a judge good morning.

Got that? Good.

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