Don Burke calls in defamation lawyers over allegations

Don Burke has enlisted senior defamation lawyers over allegations about his behaviour towards female colleagues.

Don Burke.

Former gardening show host and nationally renowned television personality Don Burke has enlisted senior defamation lawyers after the ABC and Fairfax Media published allegations he was a “sexual predator” and “high-grade abuser” of younger female employees with whom he worked.

UPDATE: Burke is set to deny allegations he was a “sexual predator” in an interview with Nine’s A Current Affair host Tracy Grimshaw.

Days before veteran journalist Tracey Spicer is due to release hundreds of complaints of sexual misconduct against dozens of members of Australia’s media industry, a joint investigation by the ABC and Fairfax reportedly interviewed more than 50 people who have made serious allegations about Burke’s behaviour. Three women have been named so far in the allegations.

Burke, 70, is understood to have engaged Patrick George, a senior partner at Kennedys Australia, to act for him in any legal action he decides to take following the coverage.

He has vehemently denied any wrongdoing and specific allegations, saying there were a “small number” of former employees who “still bear a strong grudge against me”. He was not a bully, but a “perfectionist”, he said.

The Australian does not suggest Burke is guilty of any of the allegations, only that he has been accused.

Two former Nine Network chief executives — David Leckie and Sam Chisholm — have commented publicly about their interactions with Burke, who hosted the popular program Burke’s Backyard from the late 1980s until it was axed in 2004.

Leckie, who led Nine from 1990 to 2001, told Fairfax that Burke was a “horrible, horrible man”.

A statement from Nine today said: “The current management of Nine is simply not in a position to comment on these specific allegations or on how these sorts of matters may have been dealt with in the past.

“The allegations are extremely serious; the behaviour described is completely unacceptable and would not be tolerated at Nine today.

“Nine has zero tolerance of sexual harassment and workplace bullying and no employee should be subjected to this kind of behaviour. Everyone is entitled to come to work confident that our workplace is safe, free from harassment and unacceptable behaviour will be dealt with effectively.

“Nine has robust policies and procedures for dealing with complaints and to support staff in such circumstances.”

Asked if he believed the industry had changed, current Nine CEO Hugh Marks told The Australian: “I think there’s constant change, and change for the better, absolutely” and that he, as a leader, needed to “make sure that continues”.

Chisholm told Fairfax: “Don Burke was a disgrace because of his behaviour internally and externally.”

Chisholm described Burke as “terrible grub”, but couldn’t remember if anyone had come to him personally with allegations of misconduct. “Probably they did, but I don’t know. It’s a long time ago,” he said.

In his statement, Burke distanced himself from allegations made about television executives in Hollywood, and said his program was against misogyny.

“The bitter irony is that I have had a lifelong opposition to sexism and misogyny. Burke’s Backyard was a lone bastion of anti-misogyny since its inception in 1987.”

Bridget Ninness, a former producer on Burke’s Backyard, launched legal action against Burke that was eventually settled out of court. “He is a high-grade, twisted abuser,” she told Fairfax Media. “He got off on terrorising (female researchers). Women were his playthings and he loved seeing them shocked by his behaviour and language.”

Louise Langdon, who worked as a producer with Burke at 2UE Radio in Sydney, alleged he harassed her several times. She alleged that on a work trip to the Northern Territory he tried to remove her bra.

“I was sitting next to Don on the bus and he decided that it was OK for him to put his hands on my T-shirt and try and pull my bra strap, my bra off and try to somehow remove my clothing. He was trying to take my top off,” she said.

“Dealing with Don Burke was an endurance test in terms of his persistence in commentary about anything sexual.”

On another occasion, he allegedly insisted she watch a video of a woman having sex with a donkey. “Don was getting so much pleasure from seeing my reaction to it,” she said. “I was just, just ... speechless. I was really overcome.”

Wendy Dent worked as an entertainer when she met Burke at the Melbourne Gardening Show in 1995, aged 21. She alleged he knelt in front of her when she was dressed in a fairy costume, closed his eyes, asked to be granted a wish, and said: “It didn’t work. You’ve still got your clothes on” as he opened them.

In his response to the allegations, Burke said it was “unfair and unworthy journalism” from a “small clique of malcontents” who were dismissed from their jobs.

He included comments from former reporter Jackie French, now a children’s author, who said she never saw “any hint of sexual harassment, nor heard any gossip” in the decade she worked with him.

Of Spicer’s work to uncover alleged sexual misconduct in the media and entertainment industries, Burke said in his statement: “No payouts were ever made, nor were any complaints of this nature ever received by me or anyone in his company. I also was never informed of any complaints or payouts by Channel Nine. Lastly, it is very evident to me that Ms Spicer has fallen into a small clique of malcontents who were ex-employees of CTC productions.”

Michael Freedman, Burke’s former CEO, said: “I never observed any sexual harassment. Don’s not the kind of person to engage in that type of behaviour.”

The ABC’s 7.30 program will tonight broadcast interviews with Burke’s accusers.

Don Burke’s statement in full

Don Burke’s statement to ABC and Fairfax Media — 26 November 2017

I am deeply hurt and outraged at the false and defamatory claims made in your correspondence. It is evident that these baseless claims concern statements from a few ex-employees of CTC Productions who bear grudges against me.

I also believe that this publication is opportunistic and intended to severely damage my reputation, by trying to link my alleged behaviour with the appalling behaviour of Harvey Weinstein, which has gained a lot of media traction.

I loathe the reported behaviour of Mr Weinstein and hope that the legal system deals with him in such a way as to prevent this happening again. The bitter irony is that I have had a lifelong opposition to sexism and misogyny, Burke’s Backyard was a lone bastion of anti-misogyny from its inception in 1987. This was evidenced by me deliberately choosing many women to be regular presenters on this program who were them because they were the very best in their field truly outstanding women like Densey Clyne, Rosemary Stanton and Jackie French (who was awarded Senior Australian of the Year a few years back). These women, in Jackie French’s own words, were not the typical media females aged under 30 and with Barbie-doll figures and Don faced considerable opposition to having them on prime time TV. They were there because they deserved to be there. The media has never appeared to notice this anti-misogyny. Even the most cursory of glances at BBV should have evidenced this obvious fact.

For the record, in this matter. I believe I am a classic sitting duck. I created the program BBY. I became executive producer of it and was co-director of CTC productions, the company which made BBY. I am a sitting duck because I was also the main presenter of this eponymously named program. This is almost unheard of in the television world.

I largely ran the program and oversaw the hiring and firing of employees. Inevitably, this led to me being involved in the dismissal of some employees who underperformed or who behaved in an improper manner. Accordingly, there would be a small number of these ex-employees who still bear a strong grudge against me. It is evident, that you have obviously been dealing with these ex-employees and as indicated above, you need to do proper screening and background checks in order to publish an accurate report of events.

I absolutely dispute the claims of bullying, and wish to point out that BBY was a prime-time TV show where excellence was essential. If even one or two employees in the BBV team were below standard, this could lead to the cancelling of the program and the loss of the jobs of about 40 people. This is the nature of prime time TV. So yes, there was pressure on each and every member of the BBY team to perform at a high level, My perfectionist management was the prime reason for BBY lasting 18 years on prime time TV.

These untrue claims will inevitably destroy my ability to perform my extensive charity work such as my 25-year plus association with Retina Australia (youth blindness). It will also destroy my association with Asbestos Awareness where for over 10 years I have tirelessly worked to save the lives of renovators and tradespeople. I am also associated with charity work of the department of Concord Hospital and many other charities and community groups.

These untrue claims will also destroy my income for the rest of my life. I have solid relationships with Scotts Australia, Celebrity Speakers, and many other groups. Already these mischievous claims have led to some thousands of dollars of cancellations of appearances.

Now, I respond to the specifics of these intentionally destructive claims:

— The rooftop incident never occurred either then or to any other female ever.

— The Alice Springs story never occurred, BBY did not take researchers when filming and I can find no record of this event. No such inappropriate behaviour occurred with anyone and no such video has ever been sighted by me. I did not and would not show anything like that to anyone, male or female. No foot pushing or similar episode ever occurred and no comments concerning not working out ever occurred.

— My staff and I regarded the CTC productions workplace as being a very safe workplace and I am very happy to provide female and male witnesses to affirm this.

— The story about the reporter quoting me is a total fabrication.

— BBV’s long-term receptionist is a dear friend of mine and no such words were ever uttered by me.

- I never commented on the body shape of any family member.

- No payouts were ever made, nor were any complaints of this nature ever received by me or anyone in his company. I also was never informed of any complaints or payouts by Channel Nine.

Lastly, it is very evident to me that Ms Spicer has fallen into a small clique of malcontents who were ex-employees of CTC productions. They must have referred her to others in this clique. When Ms Spicer spoke to people who refuted what the malcontents were saying, she appeared to dismiss what they said it seemed clear that she had made up her mind before contacting them. She had her “Weinstein” headline and nothing was getting in its way. This is unfair and unworthy journalism. I enclose records of interviews from ex-employees who were contacted by Ms Spicer. All are highly ethical people who would never tolerate behaviour such as you have alleged. Jackie French was a reporter on BBY and was Senior Australian of the year a few years back, Michael Freedman was CEO of BBY for many years as was James O’Sullivan; all three are willing to stand up in public forums or court to verify what they have said. There are others in this boat as well.

Don Burke

26 November 2017