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Deputy Premier Ben Carroll has made some comments. Carroll also called on deputy David Southwick to resign for sitting on his secret tape of the leadership meeting with Deeming on March 19, 2023. “The leadership of the Victorian Liberal Party is today in crisis, and it is untenable, and they both need to resign.” There was a dispute through the trial over whether Opposition Leader John Pesutto had agreed to exonerate Moira Deeming and release a joint statement in the compromise meeting from March 27, 2023. Pesutto rejected that he broke this agreement and said she was never owed a full exoneration as part of the deal, nor that he was going to release a statement with her. He said his office was going to assist her in releasing her own statement. This is what the Federal Court has found: Moira Deeming has released a statement, saying that she is “grateful to God” for the outcome. She thanked her lawyers and the court. “The judge found that I was defamed in five separate publications and that each of those also caused serious harm to my reputation,” she wrote on X. Every single one of Mr Pesutto’s defences, failed. “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. Former shadow attorney general Tim Smith has called for Opposition Leader John Pesutto to resign. Smith, who left the parliamentary Liberal Party in 2022 after a drunken car crash, called on Pesutto to resign immediately. “As a long time member of the Liberal Party I’m calling on @JohnPesutto to resign immediately,” he said on X. Opposition Leader John Pesutto argued four defences in the defamation case: public interest, honest opinion, qualified privilege and contextual truth. Justice David O’Callaghan found the defences either failed, or did not arise. However, he wrote in his lengthy reasons that he was satisfied the Opposition Leader did “subjectively” believe what he published was in the public interest. “I accept Mr Pesutto’s evidence that he subjectively believed that it was necessary immediately to explain to the public why he proposed to move a motion to expel Mrs [Moira] Deeming,” the judge wrote. “I also accept Mr Pesutto’s evidence that he thought staying silent was not an option and that he needed to address the issue to retain credibility because the public would be watching to see how the party responded to the presence of Nazis on the steps of Parliament.” The judge criticised Pesutto for “time and time again” giving lengthy and non-responsive answers to questions asked of him by Deeming’s barrister, Sue Chrysanthou, SC. “I understand that when politicians are engaged in the cut and thrust of politics – facing tough questions in press conferences, for example – their job can involve deflecting questions, pivoting to another topic, or running out the clock,” the judge wrote. “But that is not the role of a witness in a court proceeding.” Chrysanthou argued Pesutto was an untruthful witness in many aspects of his evidence. “Ultimately, however, I am unable to conclude that he gave dishonest evidence about his subjective belief on the public interest question, as infuriatingly unresponsive as much of his evidence was,” O’Callaghan wrote. Justice David O’Callaghan said it was “extraordinary” that both Opposition Leader John Pesutto and deputy David Southwick had failed to mention a secret recording of the March 19, 2023, meeting held the day after the rally. Southwick secretly recorded the meeting and informed Pesutto months later. Pesutto only raised it with his lawyers a week before the trial began. O’Callaghan also said it was “mystifying” Southwick kept the recording secret so long and that Pesutto’s explanation was “dubious.” For Sue Chrysanthou, celebrity lawyer, today’s decision is another notch in her defamation belt. The Sydney silk has become the barrister du jour in the defamation capital of the world, representing everyone from actors to moguls with reputations to rescue. Read for the time that Chrysanthou found herself in the witness box ... Read the full court summary Justice David O’Callaghan has published his reasons for deciding in Moira Deeming’s favour, rather than read them out in court this morning. He awarded Deeming $300,000 in damages after Opposition Leader John Pesutto defamed her. Court costs are yet to be determined, and will be decided upon at a later date, which is yet to be set. “The only order that will be made today upon the publication of these reasons is to adjourn the matter to a date to be fixed for the purpose of the parties bringing in orders to give effect to the published reasons and to deal with any argument as to the grant of any injunctive relief, and as to the calculation of interests and costs,” the judge wrote.None
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