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Beirut: It was the personal anguish of Nine Network cameraman Benjamin Williamson and sound recordist David Ballment at not being able to see their children that led to Ali Elamine agreeing to drop personal charges against his estranged wife and the entire 60 Minutes crew after being detained for a botched child-recovery operation in Beirut two weeks ago.
Presenter Tara Brown and her colleagues were freed from prison and Fairfax Media understands they have now departed Lebanon on a flight on Wednesday night, local time, under the deal, which was struck after hours of tense negotiations.
They appeared before Judge Rami Abdullah on Wednesday along with Brisbane mother Sally Faulkner, whom Channel Nine paid to film her planned reunion with her children. But under the deal Ms Faulkner will relinquish her Australian rights to custody of the children and formally divorce Mr Elamine.
Brown and Ms Faulkner appeared handcuffed at the Palace of Justice in Beirut. Producer Stephen Rice, Williamson and Ballment were handcuffed to each other and also appeared before the judge.
After about three hours negotiations their lawyer emerged and made a gesture known as "khalas" which means "it is done". Channel Nine did not allow the Australian media reporting the case to interview their news crew, who were freed after bail was paid.
Less clear is the fate of child recovery specialist Adam Whittington and his Lebanese associates who carried out the operation on April 6, and provided a safe house for Ms Faulkner and her children Noah and Lahela until they were arrested and detained.
Judge Abdullah said "no comment" when asked to rule out that a financial settlement had taken place between Mr Elamine and the Nine Network.
According to local customs, any deal would not be declared officially and conducted under the table. One source did not deny a figure worth "several hundreds of thousands of dollars" could have been paid to secure the Nine crew's freedom, while News Corp. reported the figure could be in the millions. Nine will pay bail.
Mr Elamine insisted no financial deal had been struck. "I don't care about the money," he said. But Mr Whittington's lawyer Joe Karam said he doubted the deal was "pro bono".
Mr Elamine said he accepted the Judge's explanation that the crew did not physically carry out the kidnapping of his two children.
"The reason why I started feeling bad for the 60 Minutes crew was not because of Tara Brown and Stephen Rice but it was more the cameraman Benjamin and David the sound recordist."
He said he witnessed Benjamin becoming emotional.
"I was in his place before, you know, frustrated and like what's happening, I can't see my kids, I felt bad," he said.
"They seemed like nice people."
Mr Elamine said he would let all visits take place but urged Ms Faulkner to give him a "heads up" next time.
The pair have been ordered to front Judge Abdullah at 11am on Thursday local time (6pm AEST) with their children.
Noah and Lahala do not know their mother has been in jail and Mr Elamine said he hoped Ms Faulkner would not tell them either.
Adam Whittington Australia's responsibility
Mr Karam called on Foreign Minister Julie Bishop to aid dual-national Mr Whittington who carried out the operation. Mr Karam said he would provide a copy of a bank transfer worth $60,000 he claims the Nine Network made to Mr Whittington's firm, Child Abduction Recovering International.
He questioned the network's decision to negotiate on behalf of their crew and not on behalf of Mr Whittington, whom he argues was carrying out the media company's paid request. Nine has consistently refused to comment on the amount paid.
The company's Lebanese lawyer Kamal Abou'Zahr has said Nine paid Ms Faulkner for her story and she had privately engaged Mr Whittington at the time of their payment.
The Department of Foreign Affairs, which has been helping Channel Nine with their negotiations in Beirut said in a statement:
"We are pleased to hear news of the release of Ms Faulkner and the four 60 Minutes crew members on bail. It is premature to comment on how soon the released Australians will be able to depart Lebanon, or any conditions attached to their release."
