Court finds John Pesutto defamed Moira Deeming after rally appearance

Victoria’s opposition leader John Pesutto has denied there is any challenge to his leadership after a scathing defamation judgment in favour of ousted MP Moira Deeming.

Victoria’s opposition leader John Pesutto has denied there is any challenge to his leadership in the wake of a scathing defamation judgement in favour of ousted MP Moira Deeming.

“Two years ago I took on the responsibility of being Victoria’s opposition leader and alternative premier … because I believe that Victorians deserve better government, certainly better than the type of government we’re getting from Premier Jacinta Allan,” he said.

“We need better leadership in Victoria - that's why I have this job that's why I intend to continue in this role.

“Now today’s decision by the federal court is obviously a very disappointing outcome but I respect the court's decision so I do accept that.”

Victorian Opposition leader John Pesutto says he will not resign. Picture: NewsWire / Ian Currie

Speaking to media on Thursday afternoon, Mr Pesutto raised the issue of massive state debt and the government’s tax regime as reasons he needed to stay on as leader of the Victorian Liberal Party.

Mr Pesutto was not willing to say he had no regrets, or if he would do anything differently.

“I just don’t see the point in reviewing matters which have been concluded by today’s decision.”

Lawyers would analyse the decision overnight, but Mr Pesutto repeatedly said the decision “concluded” the matter.

“I’ve always been a fighter and I’ve always been a fighter for the right reasons and for the right people; the Victorian people. That’s why I’ll continue in this role,” the Opposition Leader said.

MP Moira Deeming leaves the Federal Court after her defamation win against Victorian Liberal leader John Pesutto. Picture: NewsWire / Ian Currie

Mr Pesutto said none of his colleagues asked him to step down as leader since the court delivered its decision. The Opposition Leader said whether Ms Deeming was allowed back into the Liberal Party room was a matter for the party, repeating the same answer when asked for his personal opinion too.

He did say he would not bring forward a vote on readmitting Ms Deeming to the party.

Mr Pesutto’s comments come just hours after a court ruled he had defamed exiled party member Moira Deeming in a series of media appearances following her involvement with a controversial rally.

Ms Deeming, who remains a sitting MP, was ousted from the Liberal Party, after promoting and speaking at a rally in March last year.

The Liberal leader denied there was any challenge to his leadership and said it was up to the party if Ms Deeming returned.

Moira Deeming says she expects to return to the Victorian Liberal Party. Picture: NewsWire / Ian Currie

“It’s for the party room to decide,” he said.

“I’ve been on record previously saying I do not support that.”

Organised by British activist Kellie-Jay Keen-Minshull, also known as Posie Parker, the ‘Let Women Speak’ rally was gatecrashed by white supremacist groups who performed a Nazi salute outside Parliament House.

On Thursday, the Federal Court in Melbourne ruled Mr Pesutto’s commentary in the wake of the controversy had defamed Ms Deeming in five publications, and awarded her $300,000 in damages.

Speaking to media on Thursday afternoon, Ms Deeming said she was “unjustly expelled” from the Liberal Party and “it makes sense to me” to be returned.

“I don’t know what they’re actually going to do … my door is always open if anybody wants to speak to me.”

John Pesutto says no colleagues have asked him to stand down. Picture: NewsWire / Ian Currie

Asked why she wanted to be back in a political party room which kicked her out, Ms Deeming said she “had every right to be there”.

“I did nothing wrong. All the accusations that were made about me were just disproven in court,” Ms Deeming said from the state parliament lawns.

The MP also said she would serve in a Liberal Party room led by the man who defamed her, John Pesutto.

“I’m capable of being a professional. I was a teacher. I can work with people,” she said.

“We’re supposed to be here to serve Victorians. If you can’t be professional enough to put everything aside and serve Victorians, then you shouldn’t be in Parliament.”

“Not one Liberal Party value was honoured or furthered in Victoria by this relentless and remorseless campaign to discredit me and everybody who stood by me,” Ms Deeming said on Thursday.

“But I was never going to let it go unchallenged in this state and under my Liberal Party logo that innocent women rallying against the destruction of every single common sense safeguard, and desire to protect them and their children, could be attacked and scapegoated as Nazis and bigots.”

MP Moira Deeming enlisted high-flying lawyer Sue Chrysanthou SC, left. Picture: NewsWire / Ian Currie

Justice David O’Callaghan ruled in the Federal Court on Thursday that across the publications, there were six defamatory imputations, including that Mrs Deeming was ‘unfit to belong to the Victorian parliamentary Liberal Party because she knowingly associates with neo-Nazis”.

“The imputation found to be conveyed is that Mrs Deeming participated in a rally and knowingly worked with Ms Keen and other organisers to help them promote their odious Nazi agenda and their white supremacist and ethno-fascist views.

“I’ve also found that has caused and is likely to cause serious harm to her reputation”.

While Justice O’Callaghan declined to award Mrs Deeming aggravated damages, he did rule that “the appropriate award of damages to Mrs Deeming for non-economic loss is $300,000.”

Mrs Deeming sat smiling in the front row of the court as the ruling was read out, while Pesutto did not attend today’s ruling. 

Looking defeated after the ruling, a member of Mr Pesutto’s legal team was heard simply saying “Court of Appeal”.

Now a crossbencher, Ms Deeming had argued in court she was defamed by the Liberal leader in media interviews, an expulsion motion, a press conference, and a media release which her lawyers had argued contained 20 imputations painting her as a neo-Nazi sympathiser.

Lawyers for Mr Pesutto had disputed all of the imputations alleged by Ms Deeming, arguing that she alone was responsible for her reputational damage after failing to distance herself from the rally.

In their closing submission, lawyers for Ms Deeming claimed Mr Pesutto “undertook a relentless and ongoing campaign to convince fellow parliamentarians, the media and the public, that Ms Deeming was associated with and shared platforms with Nazis.”

“By these allegations, the further message that was conveyed about Mrs Deeming was that she herself was a Nazi sympathiser or a person who shared or agreed with views espoused by Nazis … such that she could be fairly described as a Nazi herself.” 

Mr Pesutto’s lawyers relied on honest opinion and contextual truth defences, arguing also that he was protected by common law qualified privilege due to the fact his comments concerned “the discussion of government and political matters.” 

Justice O’Callaghan’s ruling found that none of these defences were adequate. 

Following the ruling, Mrs Deeming said she was very grateful to the court for its prompt ruling. 

“Now we’re just going to get back out there and continue to get safe space rights for women and safeguards rights for children,” she said.

In a statement posted to social media immediately after the decision, Ms Deeming said she was relieved and vindicated.

“It has been an incredibly tough 22 months for me and my family but I can now start to move forward with the judgment today clearing my name,” she said in the X post.

“The organisers and attendees of the 2023 Melbourne “Let Women Speak” Rally did nothing wrong and it is shameful that they were treated without fairness or respect by so many in public office.

“I will continue to fight for the rights of parents, women and children - and I know I won’t be alone.”

Ms Deeming pointed out “every single one of Mr Pesutto’s defences, failed”.

“This judgment is a public acknowledgment that there was never any justification - legal, moral or political - for what the Opposition Leader did to me and to my family.”

Ms Deeming thanked supporters “despite personal and political differences and regardless of the cost”, including friends, strangers, opponents, Liberal members and colleagues.

“And finally, thank you to my family, especially my husband.”