Christian Porter discontinues defamation case against the ABC

There has been a sudden and dramatic development in former Attorney-General Christian Porter’s high-profile defamation case against the ABC.

Former Attorney-General Christian Porter has discontinued his defamation case against the ABC over a historic rape allegation, lashing out at “modern day lynch mobs”.

But the national broadcaster insists no damages were paid.

An emotional Mr Porter claimed he was vindicated on Monday night, standing on the steps of the Federal Court, but the ABC insisted he was “dropping his defamation claim” against the broadcaster.

The settlement is confidential and neither side would confirm whether or not the ABC had agreed to pay his legal costs. Mr Porter insisted the allegations “simply didn’t happen” and he had been prepared to say so under oath.

The MP has repeatedly and strenuously denied he sexually assaulted an Adelaide teenager in 1988 after a debating conference in Sydney.

“There is no turning the clock back once someone writes a sensationalist article like this, with allegations that would lead ordinary readers to jump to a conclusion of guilt and what the ABC have said is that they regret that,’’ Mr Porter said.

“Louise Milligan has said she regrets the outcome of the article. There is no wriggling around that, no matter how many tweets you put out. I do not think this article should ever have been printed and published in the way it was. It was sensationalist, one-sided, and unfair.

Barrister Sue Chrysanthou pictured at the NSW Supreme Court on May 14, 2021 in Sydney. Picture: David Gray/Getty Images

“I never thought that the ABC would settle. I never thought they would say they regret the outcome of the article. I never thought that they would concede that the accusations that were put in the article could never be proven, could not be proven to the criminal standard or the civil standard. They no doubt will try and spin what has happened.”

Mr Porter said he did not expect to be reinstated as Attorney-General after his appointment to the industry portfolio.

“I do not want any old jobs back. I am totally committed to my portfolio and to the Government which is totally committed to the Australian people. I just want to get on with the job,’’ he said.

In a statement, the ABC said today that Mr Porter has decided not to proceed with his defamation action against the ABC and Four Corners journalist Louise Milligan.

It has agreed to amend the article in question with a statement of “regret” over any inferences that suggested he was guilty of a crime. No financial compensation will be offered to Mr Porter.

Mr Porter had alleged that an ABC story that revealed a cabinet minister was the subject of a 1988 rape allegation identified him even though he was not named.

BREAKING! Christian Porter is dropping his defamation case against the ABC. No damages were paid. We stand by our stories. #4Corners#auspol

— Sally Neighbour (@neighbour_s) May 31, 2021

The WA MP strenuously denies he raped the Adelaide woman as a teenager or had a consensual sexual relationship with her. She died by suicide last year after contacting police but did not provide a formal statement before her death.

Mr Porter’s decision not to proceed follows an expensive legal battle over his choice of lawyer Sue Chrysanthou SC who was ultimately forced to withdraw from the case on the grounds of a conflict of interest.

“All parties have agreed to not pursue the matter any further. No damages will be paid,” an ABC spokesperson said.

Former Attorney-General Christian Porter has discontinued his defamation case against the ABC and reporter Louise Milligan. Picture: NCA NewsWire/Gary Ramage

“The ABC stands by the importance of the article, which reported on matters of significant public interest, and the article remains online.

“It has been updated with this Editor’s Note: On 26 February 2021, the ABC published an article by Louise Milligan. That article was about a letter to the Prime Minister containing allegations against a senior cabinet minister. Although he was not named, the article was about the Attorney-General Christian Porter.

Christian Porter has discontinued his case. The ABC will pay him no damages. I stand by my journalism & proud to work @4corners & grateful to the ABC & our brilliant legal team for supporting public interest journalism. Thanks, everyone, for your support. https://t.co/1l0h3SjlAQ

— Louise Milligan (@Milliganreports) May 31, 2021

“The ABC did not intend to suggest that Mr Porter had committed the criminal offences alleged. The ABC did not contend that the serious accusations could be substantiated to the applicable legal standard – criminal or civil. However, both parties accept that some readers misinterpreted the article as an accusation of guilt against Mr Porter. That reading, which was not intended by the ABC, is regretted.

The ABC said it “stands by our investigative and public interest journalism, which is always pursued in the interests of the Australian community.”

“The ABC stands by Louise Milligan, one of Australia’s foremost and most awarded investigative journalists” the ABC said.