Retweets drag Malcolm Turnbull into Christian Porter case

Retweets by ABC journalists of a claim by Malcolm Turnbull that a woman who accused Christian Porter of rape may not have died of suicide have dragged the ex-PM into the ­defamation battle.

Former prime minister Malcolm Turnbull. Picture: AAP

Retweets by ABC journalists of a claim by Malcolm Turnbull that a woman who accused Christian Porter of rape may not have died of suicide have dragged the former prime minister into the ­defamation battle between the ­Industry Minister and the public broadcaster.

Mr Turnbull told ABC radio on March 2, before Mr Porter outed himself as the cabinet minister ­facing historical rape allegations, that an inquest was needed to ­confirm the circumstances of the complainant’s death and suggested there were questions over whether she did commit suicide.

Lawyers acting for Mr Porter, who denies the rape allegation, ­described Mr Turnbull’s comments as “despicable, unjustified and improper’’. They said that in retweeting Mr Turnbull’s claims, ABC star reporter Louise Milligan and “other servants or agents of the ABC’’ aggravated damages against Mr Porter.

The complaint is one of several by the former attorney-general’s lawyers about Milligan’s conduct leading up to and following the publication of a story on February 26, in which she reported allegations that Mr Porter raped a woman in 1988. Milligan did not name Mr Porter at the time.

The allegations were contained in a letter sent to the ABC’s Head of Disputes & Litigation Team, Grant McAvaney, by reputational risk lawyer Rebekah Giles on March 23. The letter followed a Federal Court order that Mr Porter provide the broadcaster with “further particulars of identification, republication and/or ­aggravated damages” relating to his defamation action. Mr Porter’s lawyers said Milligan’s social media posts would come under scrutiny in court.

“Any deletions will be immediately apparent. We request you let us know your position in relation to this matter,” the letter states.

On Friday, Milligan denied accusations from Mr Porter’s legal team that she deleted ­social media posts relevant to the upcoming defamation case.

The ABC also denied Milligan had deleted any posts relevant to the Porter case and said it was fully aware of its legal obligations. Milligan herself denied any deletions via Twitter on Friday.

“The suggestion that the ABC or Ms Milligan have deleted social media posts relevant to the defamation proceedings is strongly denied,” an ABC spokeswoman said.

In arguing that the ABC’s February 26 article identified Mr Porter, his legal team cited an increase in Google searches of Mr Porter’s name, over and above that of any other cabinet minister, after the publication of the article.

Ms Giles’s letter also cited the failure of the ABC and Milligan to disclose in the February 26 article that Mr Porter’s accusers statement was unsigned and that her parents were concerned that “she may have confected or embellished the allegations”.

The letter said the woman’s parents believed that a call to the police before her suicide “possibly represented (the woman) retracting her allegations”.

Ms Giles argued her client was made identifiable when Anthony Albanese on February 28 told ABC News he first heard rumours about the accusation at the same time Milligan fronted a Four Corners episode last year that delved into Mr Porter’s personal life.