Former media adviser to treasurer launches defamation action against WA Premier Mark McGowan

The McGowan government’s ­bid to quickly cut ties with a media adviser accused of indecently ­assaulting a colleague now looks set to turn into a complex legal saga.

Steve Kaless with his wife Tam Lindsey. Picture: Colin Murty/The Australian

The McGowan government’s ­bid to quickly cut ties with a media adviser accused of indecently ­assaulting a colleague now looks set to turn into a complex legal saga that will stretch deep into next year.

Steve Kaless, a former senior media adviser to West Australian Treasurer Ben Wyatt, has launched a defamation claim against Premier Mark McGowan in the Supreme Court.

The legal action also accuses Mr Wyatt and a number of Mr McGowan’s most trusted advisers of “conspiring” against Mr ­Kaless. Mr Kaless was acquitted in August after CCTV footage showed he had not placed his hand up the complainant’s dress as alleged.

The complainant — who cannot be named for legal reasons — is also named in the writ filed by Mr Kaless’ legal team as one of the alleged conspirators, as is Treasury staffer Brendan McGrath, who testified against Mr Kaless at the trial.

The writ accuses Mr McGowan of making a media statement that was “grossly and falsely defamatory”. It says the Premier’s statement caused loss and damages for Mr Kaless, including the loss of his earning capacity. Mr Kaless has not worked in a full-time role since he left his job in Mr Wyatt’s office a year ago.

The writ accuses Mr Wyatt and several senior government employees of “conspiring and wrongfully combining together with the sole predominant intention of injuring” Mr Kaless.

Those named include the Premier’s chief of staff, Guy Houston, his director of communications Daniel Pastorelli, then-director general of the Department of Premier and Cabinet Darren Foster, executive ­director of state services Robert Kennedy and director of executive services Megan Inglis. Mr Kennedy and Ms Inglis ran a brief meeting with Mr Kaless on the Monday morning after the ­alleged incident at which the former media adviser says he was “forced” to resign.

The new legal action is on top of a separate claim against the government in the Industrial ­Relations Commission over the circumstances that led to his ­departure.

The allegation against Mr Kaless was made after he and his then-colleagues had gone to the Hearth bar at Perth’s Ritz-­Carlton hotel after a long boozy Christmas lunch in West Perth.

The Australian revealed earlier this year that the complainant and Mr Kaless had clashed at the lunch, with Mr Kaless challenging the woman over negative comments she had made to senior Labor Party figures about Mr Wyatt’s office.

The defamation action does not apply to Liberal MP Tjorn Sibma, who labelled Mr Kaless an “office creep” in the days after the alleged incident was revealed.

The lodging of the defamation claim comes just weeks after Mr Kaless’ lawyers sought an order compelling Mr Wyatt and several senior staff from Mr McGowan’s office to produce records of communications around the time of Mr Kaless’ departure.

A spokesman for Mr McGowan confirmed the Premier was aware of the legal action.

“As the matter is before the courts, it is not appropriate to provide any comment,” the spokesman said.