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ABC drops $1.1m on Antoinette Lattouf court case … and it’s not over yet

That figure could well nudge $2m by the time the matter concludes, given that it excludes the costs of the ABC’s own sizeable in-house legal team.

ABC's $1.1m legal fees revealed for Lattouf case

The ABC has splashed $1.1m – and counting – of taxpayers’ money on external legal fees in its controversial defence of the unlawful termination case brought by fill-in radio presenter Antoinette Lattouf.

That figure could well nudge $2m by the time the matter concludes, given that it excludes the costs of the ABC’s own sizeable in-house legal team.

Lattouf was sacked by the ABC in December 2023, just three days into a five-day contract to host the ABC Sydney mornings program, after the broadcaster’s management deemed she had allegedly ignored directions to avoid posting social media material about the Israel-Gaza conflict.

Lattouf denies being instructed not to post such material.

Appearing before a Senate estimates hearing in Canberra on Tuesday, ABC acting managing director and chief financial officer Melanie Kleyn acknowledged the Lattouf case had been “an impost on public funds”.

“The ABC has tried on multiple occasions to settle the matter,” said Ms Kleyn, who was appearing at the hearing in place of outgoing managing director David Anderson.

The Senate was told Mr Anderson, whose term as managing director expires next week, is currently on “approved leave”.

Outgoing ABC managing director David Anderson. Picture: Damian Shaw / Newswire
Outgoing ABC managing director David Anderson. Picture: Damian Shaw / Newswire
Antoinette Lattouf at the Federal Court in Sydney. Picture: NewsWire / Gaye Gerard
Antoinette Lattouf at the Federal Court in Sydney. Picture: NewsWire / Gaye Gerard

Media executive Hugh Marks will replace Mr Anderson in the role on March 10.

Tuesday’s hearing was told nobody at the ABC investigated Lattouf’s social media activity before she was hired for the short-term on-air hosting role.

Liberal senator Sarah Henderson questioned whether Lattouf would have been hired by the ABC had her social media activity – which showcased her political stance on the Israel-Gaza conflict – been discovered by management.

But the ABC’s chief people officer, Deena Amorelli, told the hearing that screening potential employees’ posts on social media was “not part of the process”.

“Through reference checking and the interview process … that is where we are able to engage with candidates about their suitability for the role,” she said.

“It’s not always the case that we would examine potential candidates’ social media activity before hiring.”

Senator Henderson asked: “Isn’t that a mistake?”

“I’m not sure I’d call it a mistake,” Ms Amorelli said, citing the heavy workload such an undertaking would involve.

Greens senator Sarah Hanson-Young asked Ms Kleyn if the ABC accepted that it had mishandled the Lattouf matter.

“Surely ABC management can see that this whole affair has been handled badly and resulted in quite a messy legal process?” Senator Hanson-Young asked.

Ms Kleyn responded: “I wouldn’t agree … I think we are (reflecting on) and will continue to reflect on this matter, and we will learn what we can.

“We defend our position that we did not unlawfully terminate a casual contract and we will continue to reflect and learn.”

Earlier, Ms Kleyn declined to answer questions relating to former ABC chair Ita Buttrose’s claim that key details in Mr Anderson’s affidavit, tendered to the court as part of the Lattouf hearing, were incorrect.

“Senator, I would not be able to comment at all on the different witness statements,” Ms Kleyn said.

The Lattouf case is ongoing, and will return to court later this week.

On a separate issue, Senator Hanson-Young asked the ABC about its coverage of “the invasion in Gaza”.

“Does the ABC have a formal policy or guidelines regarding the use of the terms of ‘Israeli occupation’ or ‘occupier’ when referring to Israel’s presence in both the West Bank and in Gaza?” she asked.

ABC editorial director Gavin Fang said journalists at the public broadcaster had been instructed to refer to the “occupied territory”.

“We are always looking to make sure that guidance is fit for purpose and takes into account changing circumstances, or new news and events,” he said.

Senator Hanson-Young asked Mr Fang about the “reasoning” for having such a guideline.

“We recognise that is an area of contention, so the guidance is to help our staff better cover the conflict … and to make sure that we’re meeting our obligations for objective and impartial journalism,” he replied.

The Greens senator also said “we’re living in a time when Islamophobia and of course anti-Semitism is sadly something we see and hear … all too much”.

“I want to understand how the public broadcaster …. measures this particular issue,” Senator Hanson-Young said.

Mr Fang said the ABC’s complaints process was available to the public.

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Original URL: https://www.theaustralian.com.au/business/media/abc-drops-11m-on-antoinette-lattouf-court-case-and-its-not-over-yet/news-story/fe321441b4e234cead5f72293cf6f791