Expelled Liberal MP Moira Deeming scores huge $300,000 win in high-stakes defamation battle with Opposition leader John Pesutto

By DAVID SOUTHWELL, NEWS REPORTER

Published: | Updated:

Expelled Liberal MP Moira Deeming was cheered from the court gallery after winning a defamation case and $300,000 in damages against Victorian Opposition leader John Pesutto. 

Federal Court Justice David O'Callaghan found Mr Pesutto defamed Ms Deeming by suggesting or implying she was a Nazi or Nazi sympathiser last year when booting her out of the Liberal party.

Ms Deeming alleged Mr Pesutto defamed her following a Let Women Speak rally in Melbourne in March 2023, which was gatecrashed by a group of neo Nazi protesters on the steps of Victoria's Parliament, a claim he denied. 

However, Justice O'Callaghan found Mr Pesutto defamed Mrs Deeming in a media release, two radio interviews, a press conference and in a party expulsion motion.

The judge ruled Mr Pesutto implied Ms Deeming was unfit to be in the parliamentary Liberal Party because of her associations with Nazis.

Mr Pesutto was not in court to hear the decision, while Ms Deeming was supported by her husband and a group of women.

The group cheered after the judge left the bench, while Ms Deeming's husband gave her a hug.

The total bill for Mr Pesutto could be up to $2million. 

Expelled Liberal MP has won her defamation case against Victorian Opposition Leader John Pesutto

Expelled Liberal MP has won her defamation case against Victorian Opposition Leader John Pesutto

In his ruling, Justice O'Callaghan struck down Mr Pesutto's defences of public interest, honest opinion and common law qualified privilege.

He also said the defence of contextual truth was not relevant.

TheHerald Sun has reported an unnamed source 'close to the case' has estimated the cost of paying both his and Ms Deeming's legal representation could be around $2m.

Outside court, Ms Deeming made a brief statement to waiting media.

'Obviously I am just so delighted with today's result and I am very grateful to the court for their prompt consideration,' she said.

'I just want to say think you to everybody who stood by with me and we are just going to get out there and get sex-based rights for women and child safeguards for children.'

Earlier in the day, a broadly smiling Ms Deeming was seen walking confidently into court flanked by her legal team.

Justice O'Callaghan had some harsh words for Mr Pesutto's testimony during the trial, noting his cross examination took four days. 

Mr Pesutto (pictured with wife Betty Pesutto) was not in Federal Court to hear the ruling against him

Mr Pesutto (pictured with wife Betty Pesutto) was not in Federal Court to hear the ruling against him

Neo-Nazi protesters gatecrashed a women's rights protest in March 2023 leading to Mr Pesutto expelling Ms Deeming from the Liberal party

Neo-Nazi protesters gatecrashed a women's rights protest in March 2023 leading to Mr Pesutto expelling Ms Deeming from the Liberal party

'The length of it was in due in considerable part to his inability or refusal to give a simple answer to simple enough questions,' Justice O'Callaghan wrote in his ruling.

The judge said he understood that when politicians 'are engaged in the cut and thrust of politics' and facing tough questions in press conferences 'their job can involve deflecting questions, pivoting to another topic or running out the clock'.

However, Justice O'Callaghan said such evasions were 'not the role of a witness in a court proceeding'.

'Time and time again Mr Pesutto gave lengthy and non-responsive answers,' he wrote.

During the three-and-a-half-week trial in September, Ms Deeming, who is now an independent MP, told the court the black-clad men who were escorted into the women's rally area by police had nothing to do with her protest.

Mr Pesutto was also sued by British women's rights activist Kellie-Jay Keen and fellow Let Women speak rally organiser Angie Jones but settled those cases out of court in May.

As part of that settlement he was forced to issue a grovelling apology. 

'I have never believed or intended to assert that Kellie-Jay Keen and Angela Jones are Neo-Nazis,' Mr Pesutto wrote.

'I agree with them that genuine community concerns regarding women's safety and access to single-sex spaces, services and sport warrant meaningful public discussion.

'My comments may have been misunderstood as conveying that I believed this to be the case, I apologise for any hurt, distress or harm that has occurred.'

Ms Keen greeted the news of Ms Deeming's court win with a tweet that said 'Oooooo delightful'.

The court loss could coast Mr Pesutto more than money with pressure expected to mount over keeping his leadership job.

An unnamed Liberal MP senior Liberal Party figure told the Herald Sun 'every grassroots party member' would be expecting Mr Pesutto to resign.

Melbourne

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