‘Mistake’ in Liberal MP’s evidence in Pesutto-Deeming defamation case

Liberal MP Renee Heath was grilled in court on Friday over her failure to tell party leader John Pesutto, or write in her affidavit, that she had sent notes to exiled MP Moira Deeming from her personal email account.

Renee Heath arrives at the Federal Court in Melbourne. Picture: NewsWire / Aaron Francis

Victorian Liberal MP Renee Heath failed to tell party leader John Pesutto, or write in her affidavit, that she had sent notes from her personal email account to Moira Deeming about the meeting called to try to expel the exiled MP, a court has heard.

The defamation battle between Ms Deeming and Mr Pesutto heard evidence from Ms Heath and fellow Liberal MP Richard Riordan, a social media expert and a pastor, who on Friday appeared as witnesses for the now independent MP.

Matthew Collins KC, appearing for Mr Pesutto, took the two politicians through the dossier of ­social media screenshots, media reports and videos mostly relating to British activist Kellie Jay-Keen.

Ms Deeming is suing her former boss over his efforts to expel her from the party room, and over allegations he falsely portrayed her as a Nazi sympathiser after the March 18 Melbourne Let Women Speak event was gatecrashed by neo-Nazis.

The state Opposition Leader is relying on defences of contextual truth, honest opinion, public interest and qualified privilege.

In his cross-examination of Ms Heath, Mr Collins pressed her on the notes she took of the March 27 meeting called to move the expulsion motion against Ms Deeming.

The court heard Ms Heath, who has since been removed as Victorian Liberal partyroom secretary, recorded the “compromise” reached that a motion be moved to suspend Ms Deeming for nine months and that a media statement would be released to “make clear” no one had accused the MP of being a Nazi or Nazi sympathiser.

Mr Pesutto’s barrister said the notes taken during the meeting would not have been considered formal minutes until they were officially adopted at the next party meeting.

The notes from Ms Heath were sent to Mr Pesutto, at his request, on the day of the meeting, and a day after Ms Deeming sent an email to both Ms Heath and the party leader requesting the draft notes.

Justice David O’Callaghan was told that in her affidavit, Ms Heath wrote that she believed Ms Deeming was entitled to the draft notes but that she believed she would have been directed by Mr Pesutto, or someone on his behalf, not to share the information.

Mr Collins put to Ms Heath that while she had given written evidence that she had not sent Ms Deeming a copy of her notes as of April 23, she had made a mistake.

The court heard that Ms Heath had sent the draft notes from her parliamentary account to her own personal account, and then from her Gmail account to the ousted MP’s personal email on March 29.

“And you did that to ensure the record … was not on the parliamentary record system?” Mr Collins asked.

“I don’t recall,” Ms Heath said.

Mr Collins proceeded to ask why she did not send the email to Ms Deeming from her parliamentary account and why she swore under oath she did not send the notes.

“I didn’t search my personal emails and I had forgotten,” Ms Heath conceded.

She said she realised she had made a mistake when the emails arose during discovery either last week or earlier this week.

The court also heard that as a result of a media report from Peta Credlin on Ms Heath’s notes, the MP sent Mr Pesutto a text telling him someone had read her partyroom minutes.

“I don’t see how that could be the case. I didn’t read them to her, in fact I’ve never spoken to her. They were sent to your office but I imagine they were secure,” the court heard the text read.

Mr Collins continued to quiz Ms Heath on why she did not tell his client she had provided Ms Deeming with the notes.

Ms Heath then gave evidence she also may have sent revised notes to Liberal MPs Chris Crewther and Nick McGowan, as well as a member of Mr Pesutto’s staff.

Victorian Liberal leader John Pesutto. Picture: NewsWire / Aaron Francis

Victorian MP Moira Deeming. Picture: NewsWire / Aaron Francis

Liberal frontbencher Mr Riordan told the court that deputy Liberal leader David Southwick had called him in the aftermath of the Let Women Speak rally.

In cross-examination, he was asked about a different expulsion motion moved against Bernie Finn as well as how then Liberal leader Matthew Guy handled the matter at the time, but answered mostly with “I don’t recall”.

Earlier, social media expert Geoffrey Campey was grilled on the two reports he prepared for the defamation case.

The owner of Social Media Evidence Experts said he had used social media analysis software Meltwater to help him collect and generate data contained in the report; however, Mr Collins questioned the accuracy of some data points in the Mr Campey’s research.

Presbyterian pastor Christopher Duke, a witness for Ms Deeming, gave evidence the MP’s reputation had not changed among their community.

“You say (in your affidavit) … ‘Prior to 19 March 2023 within the wider Presbyterian community within which I mixed, Moira had a reputation of being honest, courageous, friendly and caring’,” Mr Collins put to the witness “Does she continue to enjoy that reputation within the wider presbyterian community today?”

“I believe so,” Mr Duke replied.

Witnesses yet to appear for Ms Deeming include Liberal MPs David Hodgett, Kim Wells and Joe McCracken.

The trial continues.