Moira Deeming and John Pesutto hurl accusations as tensions rise in defamation case

Moira Deeming and Opposition Leader John Pesutto have accused each other of concealing key documents as tensions heat up ahead of their highly anticipated defamation trial.

Tensions in the defamation trial of Opposition Leader John Pesutto have escalated with warring parties accusing each other of hiding key documents.

During a 90-minute hearing in the Federal Court on Tuesday, lawyers for Mr Pesutto and exiled Liberal MP Moira Deeming — who has launched the defamation action — accused their opponents of failing to produce documents that could be central to the trial.

Both Ms Deeming and Mr Pesutto have accused one another of hiding key documents. Picture: Simon Bullard

Sue Chrysanthou SC, for Ms Deeming, said emails from former senior staffers of Mr Pesutto — chief of staff Rod Pintos-Lopez and media boss Nick Johnston — had not been produced amid claims their accounts had been deactivated after they quit their jobs in March.

But Justice David O’Callaghan was told Mr Pesutto had been on notice of a potential defamation action for almost a year before that, and both Mr Pintos-Lopez and Mr Johnston had been personally requested to maintain all relevant documents months before their subsequent departures.

Sue Chrysanthou SC is acting on behalf of Ms Deeming. Picture: NCA NewsWire / Max Mason-Hubers

Matt Collins KC, for Mr Pesutto, also accused Ms Deeming of failing to produce hundreds of communications between herself and British women’s rights activist Kellie Jay Keen, and with journalists from “almost every major organisation in the country”.

But he said two folders of those communications were produced late on Friday night, meaning Ms Deeming had now produced all relevant documents, but questioned the delay saying they should have been produced months ago.

Mr Collins said the communications showed a “quite extraordinary degree of engagement between Mrs Deeming and journalists from all media outlets, including at times, seeking and following advice from journalists about how to maximise the damage she could inflict on Mr Pesutto.”

The court also had its first glimpse into Mrs Deeming’s written testimony in which she complained of feeling powerless to defend herself amid the firestorm that erupted after Mr Pesutto moved to expel her from the party citing her alleged links to Nazi sympathisers.

It also alleges Mr Pesutto or his office were backgrounding journalists at the time.

Ms Deeming’s statement alleges Mr Pesutto or his office were backgrounding journalists. Picture: Nicki Connolly

“Mr Pesutto was out there day and night, controlling the narrative, while I was forced to wait and trust the issue could be resolved privately once it was realised that what Mr Pesutto was saying was wrong,” the court was told her affidavit said.

“Other people kept telling me I was dumb for not dealing with the media.

“I was being told by journalists that Mr Pesutto or his office were backgrounding them, some of these journalists were mocking me saying I was naive for not responding to the media and staying silent.”

The highly anticipated defamation trial is due to begin in less than two weeks, with dozens of witnesses expected to be called to testify.

It is expected to see senior Liberals publicly at odds with each other with members of Mr Pesutto’s shadow cabinet divided among those who testify on his behalf and those who testify against him.

Liberal powerbrokers have been desperate for Mr Pesutto to reach a private settlement with Mrs Deeming. Picture: Ian Currie

Liberal powerbrokers have been desperate for Mr Pesutto to reach a private settlement with Mrs Deeming, fearing the case is both distracting to his job, but also damaging to the party’s brand especially as a federal election draws nearer.

But sources familiar with the case say there is now no hope of settlement, with parties on both sides in active preparations for the estimated three-week trial.

Mr Pesutto has already reached private settlements with Ms Keen and local activist Angela Jones who each launched their own defamation actions.