2UE pays $90,000 damages to Ray Chesterton for Laws defamation
02 Sep 2010
2UE has been found guilty of defaming journalist Ray Chesterton in a program broadcast by John Laws in 2005. Chesterton has been awarded $90,000 damages for what NSW Supreme Court judge Lucy McCallum described as a "nasty, vituperative attack, the terms of which were calculated to humiliate."
The action, which has dragged on for 5 years in various court jurisdictions, began when Chesterton was dropped as a contributor to the Laws show and the two former friends had a falling out. In an article for Sydney’s Daily Telegraph Chesterton called Laws "70-year-old disc jockey" when discussing the selection of Andrew Johns in a football squad, saying:
“Meanwhile, the Johns saga is starting to run out of motivation. You know that when 70-year-old disc jockeys are drawn into the fray to support the argument resources are short and the end, thankfully, is near.”
John Laws, who did not give evidence at the trial, took exception to the comments and retaliated on his program according to the judgement, saying on air in August 2005:
“That bombastic, beer-bellied buffoon, Ray Chesterton, writes a column in the Telegraph called ‘The Final Word’. Well, it’s not the final word today. What’s the matter with you Ray? I mean, you know, I always thought you were a bit of a creep, but can’t you get over it?
He was fired by 2UE and he blames me for it. He’s never got over it, and he talks about the Joey Johns saga and says, “Meanwhile, the Johns saga is starting to run out of motivation. You know that when 70-year-old disc jockeys are drawn into the fray to support the argument.”
I talked to Joey Johns because I wanted to, because he’s a friend of mine, a word you probably wouldn’t understand because I doubt you’d have any, and those that you do have call you ‘Ankles’, and for very good reason.
I don’t know. Why can’t you get over it Ray? I mean, you used to enjoy going to my farm and I used to give you the house and you used to take your family and your children up there. I was very happy that all that took place. But why can’t you get over it?
I suppose you have some kind of inferiority complex. Well, I have to tell you, I never met a man who deserved one more.”
2UE defended the action based on a defence of "qualified privilege," arguing the defamatory remarks were in reply to Chesterton’s attack in his column. The defence did not cut it with the jury. They found that the broadcast conveyed eight defamatory imputations including:
- that Mr Chesterton is a creep in that he is an unpleasant and repellent person.
- that Mr Chesterton is a bombastic, beer bellied buffoon.
- that, as a journalist, Mr Chesterton is not to be taken seriously.
The transcript of the full verdict is at the link below.
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