Victorian Opposition Leader John Pesutto acted in his own ‘political expediency’, defamation trial told
Closing arguments in the Moira Deeming v John Pesutto defamation battle have begun.
John Pesutto “went in to bat” against his former colleague Moira Deeming in the aftermath of the Let Women Speak rally and acted in his own “political expediency”, the Federal Court case against the Victorian Opposition Leader has heard.
The defamation battle between the state Liberal leader and the now independent MP returned to court on Tuesday a week after a partyroom spill motion against Mr Pesutto failed to eventuate.
Barrister Sue Chrysanthou, representing Ms Deeming, sought to dismantle his defences of contextual truth, honest opinion and public interest during the first day of closing arguments.
Ms Deeming was not present and Mr Pesutto appeared only briefly in the morning.
The expelled Liberal MP is suing her former boss over his efforts to oust her from the Liberal partyroom, and over allegations that he falsely portrayed her as a Nazi sympathiser in the aftermath of a March 2023 Let Women Speak event in Melbourne that was gatecrashed by neo-Nazis.
Ms Chrysanthou told the court that the premise of publications made by Mr Pesutto after the protest, which included interviews, a media release and a press conference, served to be “derogatory about my client” and that he “went into bat” against Ms Deeming in a 3AW interview.
She also accused him of providing “dishonest evidence” about why the 15-page dossier compiled to justify his decision to move a motion to expel Ms Deeming was circulated to journalists, and aimed to shoot down a claim that the document was released in the public interest.
“He truly believed it was a matter of … his own political expediency,” she said. “His credibility as a politician, his personal interest as a politician is not in the public interest.”
In March last year, Ms Deeming was suspended from the Liberal partyroom before being expelled in May.
Federal judge David O’Callaghan was told there was no evidence of Ms Deeming having a relevant bad reputation, and it was for Mr Pesutto’s lawyers to prove so. “I’m sure there are people who disagree with Mother Teresa … Would anyone say she has a bad reputation? That’s a different issue,” Ms Chrysanthou said.
Damages awarded in past defamation cases involving politicians were also brought into the spotlight, with Ms Chrysanthou pointing to $715,000 awarded to former NSW deputy premier John Barilaro and $140,000 to independent Sydney MP Alex Greenwich.
Before the court was adjourned, Justice O’Callaghan questioned whether a secret tape from the March 19 meeting between the Victorian Liberal Party leadership and Ms Deeming would matter to the case.
Ms Chrysanthou said the audio recording would paint a picture of Mr Pesutto’s state of mind.
“He’s conducted a false narrative,” she told the court.
“We are not arguing an unfair dismissal case.”
She said Mr Pesutto should have asked his deputy, David Southwick, for the tape and he ought to have disclosed its existence in his affidavit.
“No honest witness would behave the way he behaved,” she said.
Closing arguments in the high-stakes defamation battle will run until Thursday, with a judgement expected in early December.
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