A NORTH East newspaper being sued for defamation by Sophie Mirabella is arguing the former MP pushed a minister out of a photo appearance with Cathy McGowan.
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The Benalla Ensign in a defence to a County Court writ lodged by Mrs Mirabella states it will defend defamation action against it and editor Libby Price on the grounds of truth.
The event, involving then Assistant Health and Aged Care Minister Ken Wyatt, occurred during the federal election campaign, which Mrs Mirabella was contesting for the Liberal Party.
The Ensign’s barrister David Gilbertson told the County Court that it would be argued by the defendants that Ms Mirabella “physically pushed a politician out of the way for her own political reasons, and in that meaning, the articles were substantially true”.
“Before a photograph was taken, the plaintiff placed her hands on Mr Wyatt’s chest, pushed him and said ‘you’re not having a photo with Cathy’ or words to that effect,” Mr Gilbertson said.
Mrs Mirabella’s barrister Toby Mullen told the court in Melbourne on Tuesday that he had not expected a “defence of this nature”.
He later noted: “The article does not refer to politicians getting pushed, it refers to Ms McGowan getting pushed.”
Tuesday’s hearing centred on an application by the defendants to have the matter heard by a jury in Wangaratta rather than Melbourne.
Mr Gilbertson said it was a local defamation case involving a local newspaper and should be heard in the area where it originated, citing legal precedents.
He said three witnesses, Price, Ms McGowan and nursing home director Margaret Aldous, lived in the North East.
Mr Mullen responded by saying Mrs Mirabella worked in Perth and her husband Greg, who would give evidence, would be travelling with her from there.
He noted Mr Wyatt was a Perth MP and Mrs Mirabella’s only Wangaratta witness would be a “Liberal Party person”.
Mr Mullen also said counsel for both parties came from Melbourne and cited the Civil Procedure Act which requires cost efficiency and timeliness to be considered.
He said the chances of a fair trial were greater in Melbourne than Wangaratta, saying the issue may have been at “the forefront of certain voters’ minds”.
County Court judicial registrar James Gurry reserved his ruling on the venue for a trial to a date to be fixed.
Neither Mrs Mirabella or Price were in court for the proceedings.