Hayne supporter’s minor win against Seven over ‘spit’ report
A Jarryd Hayne supporter has had a small win against the Seven Network in relation to reporting of allegations he spat at the footballer’s rape victim.
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A Jarryd Hayne supporter has had a small win and been awarded more than $30,000 after he successfully sued the Seven Network, with a judge finding he spat towards the NRL star’s rape victim but not “at her”.
Mina Greiss sued Channel 7 over their reporting of his involvement in dramatic scenes outside Newcastle Court House in May 2021 after Hayne, a former Parramatta and NSW fullback was jailed for the rape of a woman after the 2018 NRL Grand Final.
On Tuesday, Federal Court Justice Anna Katzmann awarded Mr Greiss $35,000, as well as $2,940 in interest, after he sued over an online article, a 7News Facebook post and a tweet by court reporter Leonie Ryan which alleged he spat at the complaint as she exited the court complex.
Seven successfully defended the suit in relation to the tweet and the news story, after Justice Katzmann found that Mr Greiss spat towards the complainant as she left court the court complex.
“Foul behaviour outside court following Jarryd Hayne’s sentence,” Ms Ryan tweeted at the time.
“One of his supporters stared his victim down and spat in her direction. Share far & wide guys. A grub right here.”
Justice Katzmann, relying on CCTV and evidence from journalists who were present on the day, found that Mr Greiss “spat towards the victim (rather than at her)”
She also found that he harboured “overt hostility to and contempt for the victim” and noted his “generally disgraceful behaviour in front of journalists and television cameras on a public street”.
He successfully sued in relation to a Facebook post, promoting a news story, which carried a photo caption: “‘GRUB’ SPITS AT RAPE VICTIM OUTSIDE COURT”.
The court heard Greiss had been friends with Hayne for about 17 years and travelled to Newcastle with several mates to support the former NRL player.
Justice Katzmann found Mr Greiss was angry at the complainant after his longtime friend was jailed.
“He plainly blamed the victim for his friend’s plight,” Justice Katzmann said.
“I am satisfied that he bore her ill-will. I am also satisfied that he wanted to harm her because, by testifying against Mr Hayne, she had harmed his friend.”
Mr Greiss, in his evidence to the court, denied “staring” down the victim and claimed he did not spit until after she had left the court precinct.
Justice Katzmann relied on CCTV from the Newcastle court complex, which was played during a hearing last year.
It showed the victim, along with police and prosecutors walking out of the court complex and down an exit ramp.
At the time Mr Greiss was sitting on a bench outside the court.
Mr Greiss can be seen on the footage standing and pointing in the woman’s direction.
Ms Ryan gave evidence that Mr Greiss “spat in (the victim’s) direction” and she saw his “head move back and go forward” and heard “a spitting sound”, the court heard.
Mr Greiss’ legal team attempted to argue that he could have been “sneezing” at the time, however Justice Katzmann rejected that argument.
“I am convinced from the CCTV footage that Mr Greiss’s behaviour is much more consistent with a spit than a sneeze,” she said in her judgment published on Tuesday.
“I can see from the footage that he moved his head… in an ostrich-type movement and pursed his lips.”
She said that she was not persuaded that Mr Greiss had “stared down” the complainant.
However, she noted, “no further harm was done to his reputation by the imputation that he stared the victim down.”
The court heard that following the publication of the tweet and articles, Mr Greiss felt he had been ostracised by several people, including friends and family.
He also said that a threatening note was left on his windscreen and that his car was “shot at” while outside his friend’s home.
Justice Katzmann said there was a “barrage of disparaging social media posts” relating to Mr Greiss.
The matter will return to court at a later date for a decision on the payment of legal costs.
Seven defended the matter on the basis of truth, honest opinion and contextual truth.
The Federal Court was previously told that Mr Greiss was outside Newcastle District Court “to support” Hayne during his sentencing on May 6, 2021.
Hayne was jailed for at least three years and eight months for sexual assault, however his conviction was quashed on appeal.
After a re-trial he was last year found guilty of two counts of sexual intercourse without consent and jailed for four years and nine months.
He will be eligible for parole in May, 2025.
He has launched an appeal against his verdict
Originally published as Hayne supporter’s minor win against Seven over ‘spit’ report