Expelled Liberal MP Moira Deeming has won her defamation case against Victorian Opposition Leader John Pesutto and has been awarded $300,000 (US$191,000) in damages.
Justice David O'Callaghan handed down his judgement in the Federal Court of Australia on Dec. 12.
Deeming argued that Pesutto had defamed her on numerous occasions by alleging she was a “Nazi” or “Nazi associate” after she spoke at a women’s rights event in Melbourne.
“Let Women Speak” is a platform for women who argue against transgenders entering women’s spaces or events.
The event, which was headlined by UK women’s rights advocate Posie Parker, was met with a counter-protest of LGBT activists.
On top of that, it was gatecrashed by a group of men dressed in black, who performed Nazi salutes.
Media outlets covered the event but linked and construed the presence of the men in black with the Let Women Speak, and subsequently, Deeming herself.
Deeming had always maintained she had nothing to do with the attendees.
She was later expelled from the parliamentary Liberal Party, but remains an “Independent Liberal.”
Following the rally, Pesutto issued a media release, gave radio and TV interviews, held a press conference, and set about distributing copies of the expulsion motion and dossier to media outlets.
Pesutto, who at the time had just joined the party, alleged Deeming had Nazi links on numerous occasions, as well as calling into question her suitability for remaining in the Liberal Party.
Pesutto’s defence was that his comments were in the public interest, that they were honest opinion and contextual truth.
He also replied upon the common law defence of qualified privilege, which allows free communication in certain relationships without the risk of defamation.
However, the court heard of the damage caused to Deeming, whose husband Andrew issued a statement about the impact it had on their lives.
“I began receiving phone calls about the situation from people we knew,” he said in a statement provided to the court.
“I had to reassure them that of course Moira did not ‘attend a rally with Nazis.’
“I remember one call in particular from a close friend and a previously very strong supporter of Moira who had heard the stories and needed me to reassure them.”
Andrew Deeming said that on another occasion, he was asked why she had been wearing black at the rally, despite it being a coincidence.
“It seemed to me that the persons I spoke to believed Mr. Pesutto and even after my reassurances they did not seem fully convinced,” he said.
Justice O'Callaghan said Pesutto’s defences failed, and found that the appropriate award to Deeming was $300,000 for non-economic loss.
He did not offer an award for aggravated damages.
In a statement, Moira Deeming said she was grateful to God, the court’s consideration, and her lawyers for the outcome of the case.
“This judgment is a public acknowledgment that there was never any justification—legal, moral or political—for what the Opposition Leader did to me and to my family.
“I will continue to fight for the rights of parents, women, and children—and I know I won’t be alone.”
