NSW Racing boss Peter V’landys accuses ABC of ‘ambush’ in 7.30 expose that he hasn’t watched

NSW racing boss Peter V’landys is yet to watch the episode of an ABC current affairs program he’s suing over and may see it in court for the first time.

NSW racing boss Peter V’landys has never seen the episode of 7.30 he is suing over and may watch it for the first time as a judge scrutinises his reaction in court, his lawyer says.

Mr V’Landys, the chief executive of Racing NSW and NRL chairman, is suing the ABC and journalist Caro Meldrum-Hanna for defamation over the October 2019 broadcast he says painted him as a liar and someone who “callously permitted the wholesale slaughter” of horses.

The program, titled The Final Race, made serious allegations about retired thoroughbreds meeting a cruel end at knackeries in New South Wales and Queensland.

Mr V’landys gave an interview to the program, which he complains was spliced with graphic footage of horses being mistreated that he had not seen or been told about.

Racing NSW CEO Peter V’landys as he appeared on the program.

During a short preliminary hearing before Federal Court Justice Michael Wigney on Monday morning, ABC barrister Clarissa Amato said the fact Mr V’Landys had not viewed the program raised questions about his damages claim.

“He’s claiming damages for hurt feelings when he’s never seen the program,” she said.

Mr V’Landys’ barrister Bruce McClintock SC said even though Mr V’Landys hadn’t watched the episode, he was “very well aware” of its contents.

Mr McClintock said it might even help Justice Wigney to see Mr V’landys’ reaction in the witness box after he watches the footage in court for the first time, offering a “degree of verisimilitude”.

“Things may change, your honour, in relation to my client seeing the footage,” the barrister added.

In court documents Mr V’landys states he was “greatly injured” by the program.

Mr V’Landys is seeking information from the ABC that, according to Mr McClintock, may prove that the ABC “ambushed” Mr V’Landys with the program and deliberately cut footage to make him look bad.

 The ABC opposes the application.

A screenshot taken from the ABC 730 Report on the mass slaughter of racehorses.

Mr McClintock said Mr V’landys had asked to see the footage and was denied, creating an “obvious inference” the ABC was launching a “deliberate ambush”. But, the barrister said, he wanted to go beyond inference and see if he could prove it directly with the material sought.

It may be that the questions Mr V’landys says the ABC must answer before trial “go a little far”, Mr McClintock conceded.

Justice Wigney declined to rule on the dispute on Monday, asking the parties to return for another hearing as soon as possible.

The trial is scheduled for September.