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Pauline Hanson launches appeal of $250,000 defamation payout

Senator Pauline Hanson has launched an appeal after she was found to have defamed a former One Nation senator.

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Senator Pauline Hanson has launched an appeal of $250,000 defamation payout to former senator Brian Burston following a federal-court decision.

The court found Senator Hanson defamed Mr Burston on Channel 9’s the Today show in 2019 by falsely accused him of sexually abusing a female staffer.

Justice Robert Bromwich ruled Mr Burston’s reputation had been seriously damaged by the accusations on October 19, however, Senator Hanson has since launched an appeal on October 31.

Senator Pauline Hanson is appealing a Federal Court order to pay $250,000 for defaming former senator Brian Burston Picture: NCA NewsWire / Damian Shaw
Senator Pauline Hanson is appealing a Federal Court order to pay $250,000 for defaming former senator Brian Burston Picture: NCA NewsWire / Damian Shaw

According to the decision, Senator Hanson incorrectly stated Mr Burston sexually abused a female colleague and falsely claimed he assaulted One Nation chief of staff James Ashby in the Great Hall of parliament.

“I find that both (imputations) were seriously damaging to Mr Burston’s reputation, being broadcast on a nationally broadcast television program watched by over 290,000 people at the time. They were both false,” Justice Bromwich wrote in his decision.

Mr Burston was unsuccessful in proving other accusations made by Senator Hanson were defamatory, including that he sexually harassed staff in his office and in doing so brought the Senate into disrepute.

Mr Burston’s reputation had been seriously damaged by Senator Hanson’s accusations, the court ruled. Picture: NCA NewsWire / Damian Shaw
Mr Burston’s reputation had been seriously damaged by Senator Hanson’s accusations, the court ruled. Picture: NCA NewsWire / Damian Shaw

In his decision, Justice Bromwich noted he accepted evidence given by other female staffers who had worked for Mr Burston that his behaviour towards them had at times been “objectively wrong and inappropriate”.

“Mr Burston had apparently not kept up with changes in society in relation to the rights of women, with the tide having turned even more decisively in recent years, most particularly in relation to the conduct of and around elected representatives and their staff,” Justice Bromwich wrote in his decision.

The court heard from Mr Burston’s former staffers Wendy Leach and Terri-lea Vairy about their experiences working for the now 74-year-old in 2018 and 2019.

Justice Bromwich said he accepted evidence by Ms Leach that at one point Mr Burston had said to her words to the effect of, “Oh Wendy, you probably just need a good f**k”.

Senator Hanson was represented in the case by prominent defamation lawyer Sue Chrysanthou SC. Picture: NewsWire / Monique Harmer
Senator Hanson was represented in the case by prominent defamation lawyer Sue Chrysanthou SC. Picture: NewsWire / Monique Harmer

Ms Vairy gave evidence to the court that Mr Burston would comment on her looks, telling her that she looked “sexy”. She also recalled “several events” where he allegedly kissed her on the lips.

She said Mr Burston “cupped” her face and kissed her “hard” after one particular work meeting.

Justice Bromwich stated he strongly preferred the version of events given by the two women to that of Mr Burston, who he said “crossed an important line” towards “giving an account that he must have known was not correct”.

Senator Hanson was represented in the case by prominent defamation lawyer Sue Chrysanthou SC, and at the time said she was exploring the possibility of an appeal.

“The main part of the case, in which I was successful, related to a statement I made in the Senate in February 2019 about sexual harassment of staff,” Senator Hanson said.

“I did not name any person in the Senate or later on my social media account or in media interviews. Mr Burston identified himself as the senator the subject of the complaints.

“The court found that Mr Burston sexually harassed two staff in his office. In doing so, the court accepted the candid evidence of two brave women who were willing to speak out about their experiences.”

Read related topics:One NationPauline Hanson

Original URL: https://www.news.com.au/national/politics/pauline-hanson-launches-appeal-of-250000-defamation-payout/news-story/8994e44fe96017e59218b5a63ae193ca