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Miranda Devine has case to answer over defaming Quaden Bayles, judge says 'Arguable' case that Quaden Bayles was defamed by Miranda Devine, judge says
(about 4 hours later)
Justice Anna Katzmann says alleged defamatory meanings were likely to lead to an ordinary reasonable person thinking less of the nine-year-oldJustice Anna Katzmann says alleged defamatory meanings were likely to lead to an ordinary reasonable person thinking less of the nine-year-old
A judge has said nine-year-old Indigenous boy Quaden Bayles has an arguable case that he was defamed by columnist Miranda Devine.A judge has said nine-year-old Indigenous boy Quaden Bayles has an arguable case that he was defamed by columnist Miranda Devine.
Justice Anna Katzmann has approved moves to serve court documents on the controversial New York-based columnist.Justice Anna Katzmann has approved moves to serve court documents on the controversial New York-based columnist.
But in the absence of Devine acknowledging she had been served the documents by email, the federal court judge said the Brisbane boy’s lawyers could not avoid entering a drawn-out process to have the papers physically handed to the News Corp employee.But in the absence of Devine acknowledging she had been served the documents by email, the federal court judge said the Brisbane boy’s lawyers could not avoid entering a drawn-out process to have the papers physically handed to the News Corp employee.
A video by Quaden’s mother, Yarraka Bayles, made global headlines in February after her inconsolable son cried about being bullied at school, and urged her to “give me a knife, I’m going to kill myself”.A video by Quaden’s mother, Yarraka Bayles, made global headlines in February after her inconsolable son cried about being bullied at school, and urged her to “give me a knife, I’m going to kill myself”.
The clip was met with an outpouring of support but the Bayles said Devine later retweeted material that suggested it was all a scam and that the Indigenous Brisbane boy born with a common form of dwarfism was actually an adult actor. The clip was met with an outpouring of support but the Bayles said Devine later retweeted material that suggested it was all a scam and that the Brisbane boy born with a common form of dwarfism was actually an adult actor.
One of Devine’s 71,000 followers replied: “It’s a crime if it is a scam. Child abuse. How could anyone parent do this?” Devine, a News Corp columnist, tweeted: “Yep. Exactly. On the case”, the court heard on Friday.One of Devine’s 71,000 followers replied: “It’s a crime if it is a scam. Child abuse. How could anyone parent do this?” Devine, a News Corp columnist, tweeted: “Yep. Exactly. On the case”, the court heard on Friday.
In a judgment on Monday determining preliminary issues, Katzmann said the Bayles had a prima facie case against Devine.In a judgment on Monday determining preliminary issues, Katzmann said the Bayles had a prima facie case against Devine.
Although the Bayles’ legal representative had led “quite unsatisfactory” evidence about where the tweets had been viewed, she was prepared to infer they were downloaded and read in Australia by “some people”.Although the Bayles’ legal representative had led “quite unsatisfactory” evidence about where the tweets had been viewed, she was prepared to infer they were downloaded and read in Australia by “some people”.
The defamatory meanings alleged in the claim were “reasonably arguable”, and if proven were undoubtedly likely to lead to a finding that an ordinary reasonable person had thought less of the applicants.The defamatory meanings alleged in the claim were “reasonably arguable”, and if proven were undoubtedly likely to lead to a finding that an ordinary reasonable person had thought less of the applicants.
But Katzmann knocked back an attempt to have the court rule it was not practicable to serve Devine personally – a bureaucratic process that can take months.But Katzmann knocked back an attempt to have the court rule it was not practicable to serve Devine personally – a bureaucratic process that can take months.
The court had heard claims that Quaden was severely ill and therefore the court should find special circumstances and accept Devine had received the documents to her personal and work email accounts.The court had heard claims that Quaden was severely ill and therefore the court should find special circumstances and accept Devine had received the documents to her personal and work email accounts.
Evidence supporting the claims was scarce, Katzmann said, but she would “happily revisit” the issue if presented with adequate evidence.Evidence supporting the claims was scarce, Katzmann said, but she would “happily revisit” the issue if presented with adequate evidence.
Although Devine formerly wrote for the Daily Telegraph and is contracted by a sister company in New York, a lawyer for the Sydney paper indicated to the court on Friday that he was not authorised to accept service on the columnist’s behalf.Although Devine formerly wrote for the Daily Telegraph and is contracted by a sister company in New York, a lawyer for the Sydney paper indicated to the court on Friday that he was not authorised to accept service on the columnist’s behalf.