Rob Pyne and Lyn Kennedy ordered to pay total of $594,632 in damages to Greg Hallam
A marathon defamation battle over a cartoon depicting a LGAQ boss as Jabba the Hutt and associated posts has ended with a court ordering the payment of more than half a million dollars in damages to former CEO Greg Hallam.
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A marathon defamation battle over a cartoon depicting an LGAQ boss as Jabba the Hutt and associated posts has ended with a court ordering the payment of more than half a million dollars in damages.
Hearings in the case brought by former Local Government Association chief executive Greg Hallam against Rob Pyne and Lyn Kennedy (formerly O’Connor) began in August 2021 and ran until November 2022.
At the heart of the case were five Facebook posts made by Mr Pyne when he was the Member for Cairns.
Ms Kennedy also made 36 posts to social media, for which she was found liable in default judgments in September and November 2020.
The court found the defendants defamed Mr Hallam through a series of social media posts between 2017-18.
In one post found to infer false and defamatory imputations, Mr Pyne published on his public Facebook page the words: “Thanks to all people supporting a Queensland ICAC. Those in power rarely welcome increased scrutiny, but the ordinary decent people in government roles (who are often the victims) need us to maintain the rage!”
The words were accompanied by a caricature of Star Wars character Jabba the Hutt made to resemble Mr Hallam, who was wearing a LGAQ T-shirt while a thought bubble read: “That Rob Pyne, he is going to ruin everything. I will have to meet with the govt and speaker to shut him up.”
According to King and Company Solicitors led by barrister Michael Amerena, the posts inferred a lengthy list of false and defamatory imputations including that Mr Hallam was at the heart of crooked behaviour, contributed to corruption being rife and had misused his power.
Despite Mr Pyne not mentioning Mr Hallam by name and subsequent posts not using the cartoon, the plaintiff’s legal team successfully argued the LGAQ boss was the target of the posts and that he had been defamed.
More than two years after the last hearing, District Court Judge Dean Morzone KC on Wednesday slapped the first defendant in the case, Ms Kennedy, with a total bill of $408,908.02, while fourth defendant Mr Pyne was ordered to pay $185,724.32.
Speaking outside the court Mr Pyne said the use of public money to pursue the defamation case was “absolutely appalling.”
“The Local Government Association of Queensland has spent over a million dollars in this witch hunt, basically an attempt to silence their critics,” he said.
“It shouldn’t be the way corporations and bodies like that behave, unfortunately the LGAQ has power and are determined to use it.”
On top of the court-ordered payments, Mr Pyne and Ms Kennedy could be made to pay millions of dollars in court costs incurred.
Due to a clause excluding bankrupts from holding public office Mr Pyne is now facing an uncertain future as the city’s Division 5 councillor.
“I can’t pay that amount,” he said.
“If they do chase me for that money that could lead to that consequence where I have to resign, and the minister has to dismiss me.
“But there is a possibility of some sort of payroll deduction to pay it off over time.”
Defamation laws were amended in 2021 to include a public interest defence not available to Mr Pyne and Ms Kennedy, however that’s little consolation for the self-represented pair, who have come off second best in a protracted battle with one of the most eminent law firms in the land.
“Mr Hallam said he wanted a piece of paper to wave around to say he was defamed, and this judgment gives him that,” Ms Kennedy said.
In awarding damages, Judge Morzone also applied a permanent injunction prohibiting the defendants from making future defamatory social media posts about Mr Hallam.
He also apologised for the delayed judgment.
“Thank you very much all of you for the arduous time that it took and of course having to endure the delay in the delivery of judgment, (for) which I apologise,” he said.
In a statement, the LGAQ board said it had unanimously decided in 2018 to support Mr Hallam’s action, as the Association “takes its duty of care to its employees seriously”.
Mr Hallam in a statement thanked his legal team, the LGAQ board, his partner, family, and close friends.
“I accept and respect the Judge’s ruling and would like to thank the court for its time and consideration of this matter.”
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Originally published as Rob Pyne and Lyn Kennedy ordered to pay total of $594,632 in damages to Greg Hallam
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