Pesutto defamed Deeming for his own political interest, not the public’s, court told

Opposition Leader John Pesutto acted in his own political expediency when he defamed ousted Liberal MP Moira Deeming as a Nazi and had given “dishonest evidence”, her barrister has told the Federal Court.

The court on Tuesday heard the first day of closing submissions after three weeks of evidence in the high-stakes case Deeming brought against Pesutto. She alleges he defamed her as a Nazi, which he rejects.

A decision in the defamation trial against John Pesutto brought by Moira Deeming is expected in early December.Credit: Marija Ercegovac

Deeming’s barrister, Sue Chrysanthou, SC, on Tuesday told the court Pesutto had given “dishonest evidence” when he said his office had decided to circulate a dossier – created to justify Deeming’s expulsion — with the media because he believed The Age must have already had it.

The dossier was circulated to Liberal MPs before a meeting convened to consider Deeming’s expulsion.

Pesutto has previously told the court it was in the public interest for him to explain his reasoning as the leader of the opposition. On Tuesday, Chrysanthou rejected this.

“He truly believed it was a matter of political expediency, his own political expediency,” she said. “His personal interest as a politician is not in the public interest.”

Pesutto’s barrister, Dr Matthew Collins, KC, is yet to make his closing submissions.

The trial has threatened Pesutto’s leadership and destabilised the Liberal party room.

Deeming helped organise the Let Women Speak rally on the steps of the Victorian parliament on March 18 last year to promote UK anti-trans rights activist Kellie-Jay Keen’s visit to Australia. Neo-Nazis, whom Deeming has condemned, were among several groups of protesters who arrived that day.

Pesutto moved to expel Deeming from the parliamentary party in the days after the rally. She was suspended instead in a last-minute compromise but was ultimately expelled weeks later after threatening to bring in lawyers.

While Pesutto never explicitly called Deeming a Nazi, Chrysanthou said an ordinary person would have inferred it.

She said this was particularly true given he was seeking to explain why she should be expelled from his team, which was derogatory.

“The premise of the publications is derogatory about my client,” she said. “The whole point of the publications was to be derogatory.”

Chrysanthou also sought to compare Deeming to Mother Teresa to prosecute an argument that because people disagreed with the MP, it did not mean she was disliked.

Many would disagree with Mother Teresa’s Catholic views, Chrysanthou said. “Reputation is not dislike or disagreement.”

Chrysanthou said Pesutto was also “going in to bat” for allegations against Deeming and Keen in a March 2023 interview with radio station 3AW.

Despite it being “par for the course in Australian politics” to be defamed by a political opponent, Chrysanthou argued it was not true that Deeming would not be owed aggravated damages if she succeeded in the case.

The case is expected to wrap up after closing submissions on Thursday before Justice David O’Callaghan gives his findings by early December.

Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.