Barilaro set to face off against cameraman over civil claim

Former NSW deputy premier John Barilaro is set to face off in court against the cameraman with whom he was involved in a high-profile altercation outside a restaurant last year.

Freelance cameraman Matt Costello has launched a civil suit against former NSW deputy premier John Barilaro. Picture: Liam Mendes

Former NSW deputy premier John Barilaro is set to face off in court against the cameraman with whom he was involved in a high-profile altercation outside a restaurant on Sydney’s northern beaches last year.

Mr Barilaro will fight a civil claim launched by freelance cameraman Matt Costello, to the value of almost $15,000, in the NSW Local Court after assault and malicious damage charges were dismissed on mental health grounds just over two weeks ago.

It is understood a separate case may be filed against Mr Barilaro for loss of income and injuries incurred during the incident, which occurred outside a restaurant in Manly in July when Mr Costello was commissioned by Seven News to film an interview with Mr Barilaro over his “flawed” appointment to a $500,000 per year taxpayer funded New York trade role.

Seven News were attempting to interview Mr Barilaro about not appearing before the public inquiry into the trade posting scandal, with vision captured by another cameraman showing Mr Barilaro scuffling with and lunging towards Mr Costello.

In the statement of claim obtained by The Australian, Mr Costello alleges Mr Barilaro “seized” his camera and “pulled on and shook” it on two occasions, causing loss and damage totalling $14,829.50.

“The defendant’s actions … were performed against the will and without the consent of the plaintiff and constituted a trespass,” court documents state.

The Australian understands Mr Costello was loaned camera gear by Seven after his equipment was allegedly damaged.

Mr Costello’s lawyer, Mark Davis from Xenophon Davis, slammed Mr Barilaro’s conduct.

John Barilaro was allegedly involved in an altercation with a videographer in Manly.

“This is a guy who was doing a job, he’s a freelance cameraman, he is not on a high income, he’s down doing his job,” Mr Davis said. “And this is not shoving a camera in John Barilaro’s face as some people have assumed, he’s at a distance filming in public as he’s fully entitled to it, and then he’s set upon.

“He’s hit, things are torn off his camera, he suffered damage. Well, in our view – pay for that damage.

Former NSW deputy premier John Barilaro. Picture: Gaye Gerard/NCA Newswire

“If John Barilaro presented mental health defences in the criminal matter, well that’s up to him, and we’re certainly not going to disparage him for those issues. This is a civil matter, it’s not relevant what his state of mind was.

“What’s relevant is our client was assaulted and more importantly – and more relevantly to this incident – his camera gear was smashed.” Mr Davis said Mr Costello was just “doing his job”.

“John Barilaro is not immune from fair media scrutiny, he’s not immune from being filmed in public, he should not be immune to criminal prosecution and it’s our job to see that he’s not immune from civil prosecution. We are determined to recover the damages to Mr Costello’s equipment and enable him to properly get back to work and feed his family.”

The Australian understands Mr Barilaro has filed a defence. He did not respond to multiple requests for comment.