Moira Deeming suffers early blow in defamation fight against John Pesutto
Exiled Liberal MP Moira Deeming has lost the first battle in her defamation war on Opposition Leader John Pesutto, failing to persuade the Federal Court her case needed two separate trials.
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Moira Deeming has lost the first battle in her defamation war on Opposition Leader John Pesutto, failing to persuade the Federal Court her case needed two separate trials.
Instead Justice Michael Wheelahan ordered a single 10-day trial be run from September 16, meaning the matter will plague Mr Pesutto for much of 2024.
Senior Liberals have become increasingly concerned about the long-running saga which started in March last year when Mr Pesutto first moved to expel Mrs Deeming from the parliamentary team.
They fear the case is distracting from efforts to lead the party, develop policy, and hold the Allan government to account.
In what some sources said was a bid to assuage those concerns on Friday, Mr Pesutto chose not to attend court and instead appear on 3AW taking calls from listeners.
The case relies on media releases, press conferences and interviews Mr Pesutto gave following the rally that was gatecrashed by neo-Nazis.
It 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 partyroom.
In an early blow to Mrs Deeming, Justice Wheelahan appeared critical of the case prepared by her lawyers, who wanted two separate trials.
The first trial would have dealt with the meanings of the publications, and the second to deal with whether or not they were defamatory.
Sue Chrysanthou SC, for Mrs Deeming, argued separate trials would ultimately save costs and court time.
But Justice Wheelahan didn’t agree, saying the matter could be properly dealt with in a single 10 day trial.
However he offered lawyers for Mrs Deeming a lifeline, saying they were free to make a further application to separate the trials when the matter returns to court on April 26 for an update.
Justice Wheelahan also questioned the sheer number of imputations lawyers for Mrs Deeming were arguing could be made from Mr Pesutto’s statements and interviews.
In total they have pleaded 67 imputations across five publications they make out their case.
“I mean, how many ways are there of saying the same thing?” Justice Wheelahan said.
In a 57-page defence filed with the court this week lawyers for Mr Pesutto denied any wrongdoing and accused Mrs Deeming of ruining her own reputation.
While they admitted some comments and statements could be defamatory, they will rely on an “honest opinion” defence.
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