The Daily Telegraph allowed to use truth defence in Geoffrey Rush defamation lawsuit
THE Daily Telegraph has succeeded in amending its defence in a defamation lawsuit brought against the newspaper by actor Geoffrey Rush over a series of articles last year about a sexual harassment complaint.
THE Daily Telegraph has succeeded in amending its defence in a defamation lawsuit brought against the newspaper by actor Geoffrey Rush over a series of articles last year about a sexual harassment complaint.
During a hearing at the Federal Court in Sydney today, Justice Michael Wigney heard that both sides had agreed that the newspaper should be allowed to reinstate its truth defence.
The testimony of Eryn Jean Norvill, the actress at the centre of the complaint against Mr Rush, will now be admitted as evidence.
The newspaper has agreed to drop its defence of qualified privilege. It will now rely solely on the defence of truth or “justification” as it defends the libel action.
Justice Wigney said the trial — where both Mr Rush and Ms Norvill will give evidence — will now take place over 13 days beginning on October 22.
Ms Norvill co-starred with Mr Rush in the Sydney Theatre Company’s production of King Lear from November 2015 to January 2016.
Mr Rush sued the newspaper last December over its coverage of the complaint lodged with the STC by Ms Norvill. Mr Rush said the articles were false and defamatory.
A statement by Ms Norvill, lodged with the court last week, which detail the harassment allegations formed the basis of the application by The Daily Telegraph to amend its defence document to include the defence of truth.
Justice Wigney threw out the newspaper’s original truth defence in March on the basis that it was “plainly deficient” and lacked sufficient detail as to the precise nature of the behaviour that gave rise to Ms Norvill’s complaint to the STC. That truth defence has now been reinstated.
Alec Leopold, SC, counsel for Nationwide News Pty Ltd (publisher of The Daily Telegraph) told the court that the newspaper will show Mr Rush engaged in a number of incidents of sexual harassment including “touching on her breast and lower back.”
He said there will be corroborating evidence to back up Ms Norvill’s claims.
Sue Chrysanthou, counsel for Geoffrey Rush, said her client’s decision not to oppose the newspaper’s application to include the truth defence should not be seen as any concession by Mr Rush.
It was “not a concession by Mr Rush that the pleading is any good,” she said.
Ms Chrysanthou said Mr Rush is suffering “continuing trauma because of these proceedings.”
She said any delay is “intolerable” to the actor.
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