Date set for landmark defamation case against Cairns councillor

A date has been set in a Cairns court to hear a landmark defamation case that could reshape Australian social media use and force south Cairns voters into a by-election.

A LANDMARK defamation case that could reshape Australian social media use and force south Cairns voters into a by-election is set to get underway next week in a Cairns court.

Former Cairns MP and now Division 2 councillor Rob Pyne appeared before Judge Dean Morzone in the Cairns District Court in a pre-trial hearing on Thursday.

The case centres on a defamation claim brought by Local Government Association of Queensland CEO Greg Hallam against Cr Pyne and Lyn Elizabeth O’Conner.

Division 2 councillor Rob Pyne prepares to front the Cairns District Court on Thursday in relation to defamation allegations. Picture: Peter Carruthers

MORE NEWS

How Rob Pyne’s wallet found after 30 years

Cairns councillor hit with contempt claim

Rob Pyne bankruptcy risk in defamation case

Mr Hallam filed for $2.5 million in damages against four defendants in 2018, including a $500,000 claim against the then-MP over allegedly defamatory Facebook posts Mr Hallam said falsely questioned his integrity.

Barrister Michael Amerena, acting for Mr Hallam, along with self-represented respondents Ms O’Conner and Cr Pyne agreed, what was to be a jury trial, would now proceed as a normal trial before a judge.

“I don’t seek to waste the time of the good people of the jury,” Cr Pyne said.

The decision was made after Mr Amerena was instructed to request Cr Pyne contribute to jury fees priced at $5607.40 for three days.

Leading the case against Cr Pyne, Mr Amerena named Facebook expert Dr Christine Satchell as a key witness in the case.

“We have a lot of damages witnesses including three medical witnesses,” he told the court.

Judge Morzone said “it’s such a pity views are so entrenched by this stage.”

Cairns MP Rob Pyne ramps up his state election campaign with a small army of supporters in 2017.

Speaking outside the court Cr Pyne said he was relieved he could no longer be held in contempt of court for influencing members of the jury.

“I wasn’t predicting that, but once it went to a judge only trial that contempt no longer applied because who’s going to be influenced by my comments?” he said.

“I’m pretty happy with today’s outcome.

“I think it’s unfortunate that a matter of this nature is taking out two weeks of court time. I think this sort of litigation should not to be encouraged.”

Local Government Association of Queensland CEO Greg Hallam. PICTURE: BRENDAN RADKE

Cr Pyne said he planned to call cybercrime consultant Petros Khalesirad in his defence but it was not clear if he would be accepted by the court as an expert witness.

“This is a technical process to go through there,” he said.

According to court documents, defence of the defamation allegation will centre on Facebook algorithms, sharing rules within Facebook groups, Google searches, online “grapevining” and tagging within Facebook posts.

A finding against him could leave Cr Pyne bankrupt and, therefore, unable to hold his job under the Local Government Act – a Division 2 by-election would be called to fill the Cairns Regional Council vacancy.

A lengthy list of witnesses will be called by both sides in a court battle set to begin on Monday. The matter is expected to take two weeks to complete.

Originally published as Date set for landmark defamation case against Cairns councillor