Geoffrey Rush has won his defamation suit against The Daily Telegraph
Oscar-winner Geoffrey Rush has won his defamation suit against The Daily Telegraph over reports of alleged inappropriate behaviour.
Australian actor Geoffrey Rush has won his defamation lawsuit against a Sydney newspaper that published articles accusing him of inappropriate conduct.
Justice Michael Wigney handed down his judgment this afternoon after the Academy Award-winner sued The Daily Telegraph and its journalist Jonathon Moran over the claims.
The stories, published at the end of 2017, related to a complaint about Rush’s behaviour made by an actress he worked with during the Sydney Theatre Company’s production of King Lear in 2015 and 2016.
It was alleged that Rush, 67, was improper in his interactions with Eryn Jean Norvill.
Justice Wigney ruled that the stories in question conveyed a range of serious imputations and found them defamatory, and that the newspaper and journalist’s truth defence had not been established.
Norville’s evidence was not credible, he ruled, nor was that of fellow actor Mark Leonard Winter, who also testified in court.
“I have found that (the newspaper and journalist) … have not discharged their onus of proving the substantial truth of the … articles in question,” Justice Wigney said.
“I was not ultimately persuaded that Ms Norvill was an entirely credible witness.”
He said her “evidence was inconsistent with statements she gave to journalists about what it was like working with Mr Rush, including that she loved his ebullience, and loved working with him”.
Justice Wigney said her evidence demonstrated that she was “prone to exaggeration and embellishment”.
Justice Wigney awarded $850,000 in aggravated damages as well as special damages for economic loss, but will determine how much at a later date.
At the trial, Rush denied calling Norvill “yummy and scrumptious”, making lewd gestures towards her and deliberately grabbing her breast during a scene.
And he insisted a text message he sent to her was meant as a joke.
“I was thinking of you, as I do, more than is socially appropriate”, Rush wrote, followed by an winking and tongue-poking emoji.
Rush had denied all allegations of wrongdoing during his time at the STC and in the wake of the stories, he sued.
Justice Wigney found that two stories had conveyed defamatory imputations about Rush and that The Daily Telegraph and Moran had failed to demonstrate they were substantially true.
“This is a sad and unfortunate case,” Justice Wigney said as he opened his remarks.
It would have been preferable for all involved if matters were dealt with away from the adversarial nature of defamation proceedings, he said.
He said that the first report, a November 30 front page, reproduced “striking if not somewhat haunting” portrait of Rush as King Lear, with the headline “King Leer”.
In his judgment, Justice Wigney ruled the story conveyed four defamatory imputations.
“I concluded that the ordinary, reasonable reader … would have read the articles as imputing or implying the meanings that Mr Rush alleged they did.”
A follow-up story on December 1, which was also subject to the complaint, was also ruled defamatory, Justice Wigney said.
“I have found on the balance of probabilities that each of the imputations was conveyed.”
Justice Wigney said he had not been swayed that the claims were credible or convincing, and therefore could not be proven to be true.
He said the reporting was “reckless” and failed to properly inquire into the facts.
“This was in all the circumstances a recklessly irresponsible piece of sensationalist journalism of the very worst kind.”
Justice Wigney said Rush had argued the reporting led to “hatred, ridicule and contempt” and that his reputation had been damaged and caused loss “running into the millions of dollars”.
He agreed and found that Rush was entitled to damages.
Justice Wigney awarded $850,000 in aggravated damages. Rush is also entitled to special damages for economic loss, but wants to enter discussions with both parties to determine how much.
A case management hearing will now take place on May 10.
Speaking outside court, Rush thanked his wife and children for their support.
“There are no winners in this case,” Rush told reporters. “It’s been extremely distressing for everyone involved.”
Norvill also offered a brief statement outside the court saying she stood by everything she said during the trial.
“I told the truth. I know what happened. I was there. I would’ve been content to receive a simple apology and a promise to do better, without any of this.”
The Daily Telegraph is published by News Corp Australia, which also publishes news.com.au