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James Cook University risks contempt rap for response to verdict

James Cook University plans next move after sacking of physics professor Peter Ridd ruled unlawful.

Peter Ridd at the Federal Court in Brisbane. Picture: Liam Kidston
Peter Ridd at the Federal Court in Brisbane. Picture: Liam Kidston

James Cook University is poised to appeal against the Federal Court finding that its sacking of physics professor Peter Ridd was unlawful.

The intent to appeal, revealed in court yesterday, came as judge Salvatore Vasta criticised the Townsville university for a scathing public statement it released following his verdict in April.

Justice Vasta said the statement attributed to Chris Cocklin was “almost contemptuous” and could be referred to the Federal Circuit Court ­Marshal.

Dr Ridd is seeking financial compensation after he was sacked for publicly criticising the institution and one of its star scientists over claims about the impact of global warming on the Great Barrier Reef.

The senior physics professor, who specialised in marine environments, was censured three times for his ongoing criticism of the lack of scientific scrutiny of JCU’s climate change science.

In April, Justice Vasta ruled JCU had erred in its interpretation of a clause in its enterprise agreement and deprived Dr Ridd of his right to express his academic opinion.

Within hours of the judgment being released in April, JCU published a statement on its website criticising the ruling.

The damning rebuke, which remained online yesterday, came to Justice Vasta’s attention ahead of a penalty hearing in Brisbane this week.

“Whether I refer it to the marshal or whether I don’t is another matter,” he said.

“These are the things that are an attempt to bring a judgment into disrepute.”

Barrister for JCU Yaseen Shariff argued the university was exercising its right to express its dissatisfaction with the findings but Justice Vasta said Professor Cocklin’s statement went “too far” and was another attempt by JCU to “blacken the name of Dr Ridd”.

“Professor Ridd had in effect succeeded in just about every aspect of the matter that he put before this court,” he said.

“He was vindicated and should have been able to say to his peers, his colleagues, look, this is what happened.

“Within hours of what I have said, this (JCU statement) appears here, which undercuts, undermines everything that the court has found.”

Professor Cocklin was expected to testify yesterday but was withdrawn by the university’s legal team at the last minute.

Dr Ridd’s barrister, Ben Kidston, said the JCU statement was an aggravating factor and should be considered in awarding dam­ages to Dr Ridd, whose reputation was damaged by the controversy.

JCU last night confirmed that it intended to appeal against ­Justice Vasta’s original decision.

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Original URL: https://www.theaustralian.com.au/higher-education/james-cook-university-risks-contempt-rap-for-response-to-verdict/news-story/7905dc95382e1bda01293f389beb2de2