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Sophie Mirabella defamation case hears newspaper published 'fake news' Sophie Mirabella defamation case hears newspaper published 'fake news'
(35 minutes later)
Former Liberal frontbencher Sophie Mirabella says she was defamed by the editor of a country Victorian newspaper, accusing it of publishing “fake news” in the lead-up to the 2016 federal election. Former Liberal frontbencher Sophie Mirabella felt “sick to her stomach” when she read an article wrongly accusing her of pushing an opponent during a photo opportunity while campaigning for the 2016 federal election.
Mirabella is suing weekly paper the Benalla Ensign and its editor Libby Price in the Victoria county court, following an April 2016 article about an encounter with Indi member Cathy McGowan. Mirabella is suing weekly newspaper the Benalla Ensign and its editor Libby Price in the Victorian county court over an April 2016 article about an encounter with Indi member Cathy McGowan.
Mirabella, who lost the seat to McGowan in 2013, says the article falsely claimed she pushed the incumbent MP out of the way of a photograph for her own political benefit. Mirabella, who lost the seat to McGowan in 2013, says the article defamed her by falsely claiming she pushed the incumbent MP out of the way of a photograph for her own political benefit.
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Barrister Georgina Schoff QC said the article, which had the headline “Awkward encounter”, was “completely false and defamatory” to Mirabella. Barrister Georgina Schoff QC said the newspaper admits the article, which had the headline “Awkward encounter”, was wrong.
“What this means is Sophie Mirabella is suing the paper and the editor to restore her reputation,” she told a jury of six people at Wangaratta on Thursday. “One of the strange things about this case is that there is no dispute that the defendants got this wrong,” she told a jury of six people in Wangaratta on Thursday.Schoff said the Benalla Ensign admits Mirabella did not push McGowan.
Schoff said the Benalla Ensign article had accused Mirabella of conduct Australians would find appalling and unacceptable. “That article was fake news,” the barrister said.
“That article was fake news,” she said. The offending article was published five days after aged care minister Ken Wyatt visited a Benalla facility on April 15, 2016 for the opening of a new wing.McGowan was also present and requested a photo with Wyatt.
The barrister said the newspaper has admitted it made a mistake. But a Liberal party staffer and Mirabella wanted to avoid “giving her legitimacy” with Liberal voters.
“One of the strange things about this case is that there is no dispute that the defendants got this wrong,” Schoff said. “The defendant admits that [Ms Mirabella] did not push Ms McGowan.” Wyatt subsequently made an excuse about not having enough time, and McGowan asked Mirabella “you don’t mind, do you?”
Schoff said McGowan had requested a photo with aged care minister Ken Wyatt at the opening of a new wing of a Benalla aged care facility on April 15, 2016. The Liberal candidate replied: “If you wanted to have promotional material with a Liberal minister, you should have run as a Liberal candidate.”
But a Liberal Party staffer and Mirabella wanted to prevent McGowan from being photographed with Wyatt to avoid “giving her legitimacy” with Liberal voters, Schoff told the court.
Five days later, the Benalla Ensign ran its article claiming Mirabella had “physically pushed” McGowan.Five days later, the Benalla Ensign ran its article claiming Mirabella had “physically pushed” McGowan.
“Sophie felt sick to her stomach because she knew immediately that this article would go viral on the internet,” Schoff said. Price did not witness the encounter, instead relying on four sources, Schoff said.
Counsel for Price and the newspaper, David Gilbertson QC, said the article was substantially true.“The article wasn’t ‘fake news’ at all,” he told the jury.Saying someone had pushed someone out of the way “is a figure of speech”, he said.Gilbertson also said Wyatt will give evidence that Mirabella had put her hands on his chest to prevent him from turning and having his photo taken with her political opponent. “It is substantially true that Ms Mirabella pushed a politician to prevent him from having a photo being taken with Ms McGowan,” he said. Six months later, after the federal election, the Benalla Ensign acknowledged McGowan was not pushed. But by then Mirabella knew the story would never go away.
Mirabella was due to be the first person to give evidence at the trial on Thursday afternoon. Wyatt and Ms McGowan are expected to give evidence next week. The trial before judge Michael Macnamara is expected to go for up to six days. “The paper got it wrong and she needs you to tell the whole world that the paper got it wrong,” Schoff said.
Counsel for Price and the newspaper, David Gilbertson QC, said the article was substantially true.
“The article wasn’t ‘fake news’ at all,” he told the jury of five men and one woman. Saying someone had pushed someone out of the way “is a figure of speech”, he said.
Gilbertson also said Wyatt will give evidence Mirabella had put her hands on his chest to prevent him turning and having his photo taken.
“It is substantially true that Ms Mirabella pushed a politician to prevent him from having a photo being taken with Ms McGowan,” he said.
Mirabella appeared emotional as she described her entry into politics and her family background from the witness box on Thursday afternoon.
She is due to continue giving evidence on Friday. Wyatt and McGowan are scheduled to appear next week.
Australian politicsAustralian politics
VictoriaVictoria
Victorian politicsVictorian politics
Australian lawAustralian law
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