Expelled Liberal MP Moira Deeming launches defamation action against opposition leader John Pesutto
Opposition Leader John Pesutto says he “exhausted every effort” to avoid court action before expelled Liberal MP Moira Deeming lodged her statement of claim against him in the Federal Court. Read the full document.
Victoria
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Opposition leader John Pesutto has formally been served legal papers by ousted Liberal MP Moira Deeming.
Ms Deeming lodged her statement of claim against Mr Pesutto in the Federal Court on Tuesday, formally initiating legal proceedings in expensive defamation action which could cost him more than a million dollars in legal fees and compensation, if not his job.
Mr Pesutto on Wednesday said he was not focused on the legal action.
The document indicates Mrs Deeming’s lawyers — who include high profile defamation barrister Sue Chrysanthou and author of Australia’s seminal textbook on defamation law, Patrick George — will base their argument upon media releases, press conferences and interviews Mr Pesutto gave in the days following a March “Let Women Speak” rally.
They will also draw upon a dossier Mr Pesutto’s office circulated to MPs and the media in seeking support to expel her from the state Liberal Pparty room, and utterances he has since made to try to justify his actions.
“Whatever occurs will be for my lawyers,” Mr Pesutto said on Wednesday.
“I’m not focused on any of that.
“I’m focused with my colleagues on holding this government to account over the next three years.
“I can give you this guarantee that my total focus last night and this morning has been reviewing and anticipating this report.”
Mr Pesutto said he “exhausted every effort” to resolve the matter and avoid court action.
“I’ve been very reasonable in that but if another party doesn’t want to settle that’s a matter for that party,” he said.
In a sign the legal action could extend well beyond Mr Pesutto, fellow Liberals David Southwick, Georgie Crozier and Matt Bach — who made up the party’s leadership team at the time of Mrs Deeming’s expulsion — have been sent legal letters warning them to retain all relevant documents and communications, and noting that Mrs Deeming reserves all rights.
Similar letters have been sent to senior Pesutto staff, and Liberal frontbencher James Newbury.
“It brings me no joy to have had to lodge this defamation case in court today, but despite the best efforts of many inside and outside the Liberal Party, unfortunately I have no other avenue to see justice done for myself, my family and all the women involved in “Let Women Speak” that day,” Mrs Deeming told The Australian.
In August, UK women’s rights activist Kellie-Jay Keen — whose organisation Standing for Women UK organised the “Let Women Speak” rally — issued Mr Pesutto, Mr Southwick, Ms Crozier and Dr Bach with defamation concerns notices, giving them 28 days to apologise and pay compensation for making “grossly misconceived, wilfully vexatious, and wretchedly false” claims, or face federal court action. Ms Keen’s lawyers are understood to be preparing to commence their own action, meaning Mr Pesutto and other MPs could be facing legal threats on multiple fronts.
A press release issued by Mr Pesutto on March 19 — the day after the “Let Women Speak” rally — forms a key part of Mrs Deeming’s statement of claim.
The rally was organised to protest against what Mrs Deeming, Ms Keen and their fellow protesters see as the infringement of transgender self-identification laws upon the rights of women and children.
Transgender rights activists held a counter-protest, and a third group of masked men dressed in black taunted the transgender protesters and performed the Nazi salute on the steps of state parliament.
Mrs Deeming and Ms Keen have always maintained that they have no association with the masked men.
In his press release, now the subject of Mrs Deeming’s statement of claim, and still published on his website and that of the Victorian Liberal Party, Mr Pesutto stated that he met with Mrs Deeming to discuss her attendance at the previous day’s rally.
“I discussed her involvement in organising, promoting and participating in a rally with speakers and other organisers who themselves have been publicly associated with far right-wing extremist groups including neo-Nazi activists,” Mr Pesutto said.
“This is not an issue about free speech but a member of the parliamentary party associating with people whose views are abhorrent to my values, the values of the Liberal Party and the wider community.”
Mrs Deeming’s lawyers argue that the press release was “defamatory”, and contained imputations including that Mrs Deeming supports, sympathises with or associates with white supremacists and neo-Nazis, and even that she is a white supremacist or neo-Nazi.
The statement of claim makes similar arguments about interviews Mr Pesutto gave to 3AW and the ABC on March 20, as well as a press conference he gave the same day, in which he declared with reference to Mrs Deeming that: “it will never be acceptable in this state of Victoria, as a member of the Liberal Party, to associate with anyone who is connected with or shared platforms with Nazis, white supremacists, ethno-nationalists, or whatever other odious agenda someone wishes to spout.”
“Any question of an association, even indirectly, to Nazis, white supremacists, ethno-fascists or whatever else, is so odious in 2023, as it should be, that I can’t see a way back,” Mr Pesutto said at the time.
Also key to Mrs Deeming’s case is the expulsion motion Mr Pesutto circulated to MPs ahead of the March 27 party room meeting at which she was suspended for nine months, and an attached 15-page dossier of social media screenshots and media reports – mostly relating to Ms Keen – which purported to justify the claim in the motion that she was associated with “far right-wing extremist groups including neo-Nazi activists.”
Mrs Deeming’s lawyers argue the impact of Mr Pesutto’s public statements about Mrs Deeming “caused hateful conduct by members of the public, including vandalism of Deeming’s Electorate Office sign with ‘Nazi Bigot’ written across her face, retraction of official MP invitations from community functions, social media reactions, threats, jibes, hatred, harassment, abuse, contempt and ridicule through emails, letters and voicemails to Deeming and on social media.”
They argue Mr Pesutto’s role and status as the Leader of the Victorian Liberal Party exacerbated the damage, in that his statements were more likely to be believed in light of his position.
“The serious harm to Deeming’s reputation from the campaign that the media release instigated continues in various and unexpected situations,” the statement of claim argues, citing the example of a meeting Mrs Deeming attended in Scotland in October with two local MPs “who refused to allow photographs taken together with her to be published until and unless her name and reputation was cleared of any association with Nazism.”
“On 25 November 2023, Deeming was scheduled to speak at a community forum with a Local Government Councillor, Council Watch (AU) and local residents at a local Church Hall in Werribee, but the Church was inundated with threats and complaints about Deeming’s supposed ‘Nazism’ and so the venue pulled out and the event had to be moved outdoors to a park,” Mrs Deeming’s lawyers state.
The statement of claim notes that Mrs Deeming has issued Mr Pesutto with four concerns notices since May, including one sent to him on Monday, which relates to the March 20 3AW interview.
“Pesutto has not, prior to the filing of this Statement of Claim, made any Offer to make Amends in response in relation to the matters in question generally or in relation to the imputations particularised in the Concerns Notices, and has disputed that the matters in question have caused or are likely to cause serious harm to Deeming’s reputation,” Mrs Deeming’s lawyers state.
“By reason of the publication and republication of the matters complained of, Deeming has been gravely injured in her reputation personally and professionally, and in her career, and has suffered and will continue to suffer substantial hurt, distress and embarrassment and fear for her safety and financial security.”
The statement of claim indicates Mrs Deeming will seek aggravated damages as a result of multiple actions Mr Pesutto took or failed to take, which they allege exacerbated the defamation.
Mr Pesutto’s office has been contacted for comment.
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