Rugby league fan denies racial slur as defamation hearing launches

Lawyers for major TV networks are staunchly defending reports that showed a group of men being ejected from a rugby game over allegations of racial abuse.

Rugby league player Brent Naden at the Penrith Panthers v . New Zealand Warriors game in Gosford where he alleges he was racially abused by fans. Picture: Cameron Spencer/Getty Images

A rugby league fan who was ejected from a game in 2020 after being accused of racially abusing an ­Indigenous player has denied the allegations, as a defamation lawsuit against major TV networks was launched on Monday.

The Federal Court heard William Thurston and friends were subjected to a social media pile-on after footage of a group of young men being evicted from a Penrith Panthers and New Zealand Warriors game in August 2020 was broadcast on Fox Sports and also played on networks Seven, Nine and Ten after allegedly targeting former Panthers player Brent Naden.

“They were not told that they were being evicted for any other reason that they were asked to leave,” Mr Thurston’s barrister Roger Rasmussen said.

He said his clients, having had a few alcoholic drinks, were “no doubt” sledging Mr Naden, but they did not racially abuse him.

A screen grab of a video allegedly featuring men who subjected Penrith's Brent Naden to vile racial abuse. Picture: Supplied.

“We submit as the evidence pans out your honour will be satisfied the sledging … did not go anywhere near the matters alleged by the respondents,” he said.

Defending the broadcasters, barrister Dauid Sibtain SC told the court Mr Naden was not a “sensitive flower” who couldn’t handle ordinary sledging just designed to throw him off his game.

“He was subjected to abuse that included a racial element,” he said. Mr Sibtain told the court a cameraman heard the group ­yelling racial slurs at Mr Naden and said Mr Naden complained to several officials after he heard a noise that sounded like a traditional Aboriginal sound coming from the group. “The use of that sound make the abuse worse. It shifts it into a different universe of abuse. It’s shifted into cultural,” he said.

Several broadcasts were played in the court, which showed presenters slamming the fans for allegedly racially abusing Mr Naden and slamming the behaviour as “absolutely unacceptable”.

Mr Sibtain will argue that the presenters received factual and timely information and reported it as such. “There can be little doubt those opinions were honestly held,” he said.

Mr Thurston told the court on Monday he was with a group of friends, who were celebrating a birthday and arrived at The Central Coast stadium in NSW by “party bus”, and yelled at Mr Naden – who now plays for the Wests Tigers – about his haircut and said “you can’t catch a ball”, but did not use any racial slurs.

“Two police officers came up to us and said we were being kicked out for being drunk and disorderly,” Mr Thurston said.

There was no “swearing” or “racial” abuse, he said.

Mr Thurston also addressed a video that was circulated on social media and used in news reports, taken of him and his friends performing what he described as an Aboriginal dance.

The video was posted to Snapchat after the group were ejected from the game was also played in court, and opened with one of the men saying “F..k the Panthers”.

“(It was) not my intention to mock anyone, not at all,” he said.

Growing up, he said he learnt to play the didgeridoo fluently and was taught traditional dance because he had many Indigenous friends and played rugby with many Indigenous teammates too.

Mr Thurston said he immediately spoke with police at Gosford Police Station after he and his friends received a torrent of calls about the broadcast, but they advised him they could not do anything. Mr Thurston is claiming damages, including aggravated damages for defamation. Mr Naden is expected to give evidence.

Fox Sports is majority-owned by News Corp, the publisher of The Australian.

The hearings continue.