Compensation of more than $300,000 is being sought by Sophie Mirabella over the Benalla Ensign’s defamatory article.
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A jury this week ruled the 2016 story claiming she pushed political opponent and Indi MP Cathy McGowan, at a Benalla nursing home event, damaged her reputation.
Barrister Georgina Schoff told Wangaratta County Court on Thursday the damages were justified because of the hurt, distress and embarrassment to Mrs Mirabella, plus the need for vindication.
“She is a person of the highest reputation,” she said.
“The defendants (The Ensign and editor Libby Price) really seemed to have it in for Mrs Mirabella.”
The maximum amount which can be awarded for non-economic losses in defamation cases is $389,500.
Ms Schoff said Mrs Mirabella deserved $300,000 to $400,000 to repair her reputation, but would not seek damages above the cap.
The Ensign’s barrister David Gilbertson said damages “should be well under $100,000” and argued a push was a minor allegation.
“We accept that Mrs Mirabella has suffered hurt feelings and we accept it was a serious defamation, but we argue it was at the lower end … It is sufficient to warrant Mrs Mirabella being awarded modest damages,” he said.
“It’s an act of pushing another woman, but in our submission, it’s not violence against women.”
The Benalla Ensign had a print circulation of 3389 in 2016 and the article was seen by 14,238 readers online.
“Not extraordinary numbers when we might compare it with circulation numbers of daily newspapers in Melbourne,” Mr Gilbertson said.
The Ensign’s apology six months later was read online by fewer than 700 people.
Ms Schott said although the Ensign was a small publication, Mrs Mirabella was a high-profile politician.
“Mrs Mirabella isn’t just a person with a reputation here, but a reputation right across the country,” she said.
Her legal team argued damages should at the high ended because the defamatory push allegation was republished by other media.
“The statement of fact had moved through the media and popular culture until it attached itself to her reputation and its part of her legacy,” Ms Schott said.
Mr Gilbertson argued widespread media coverage of Mrs Mirabella’s gaffe on Sky News the day after the Ensign’s story - where she claimed Wangaratta Hospital would have received $10 million in funding if she had not been voted out of office in 2013 - caused more damage.
“The publicity of the attack was swamped by the comments the next day … particularly coverage of Mrs Mirabella’s comments surrounding the Wangaratta Hospital,” he said.
The defence claimed in court that evidence from Aged Care Minister Ken Wyatt, saying Mrs Mirabella approached him at a Liberal Party event last year to “get our evidence right”, showed her “inappropriate and disreputable conduct”.
Judge Michael Macnamara said although Mrs Mirabella had practised law in the past, it was “unfair” to judge her the same as someone who spent their whole lives as a lawyer.
He said lawyers having preliminary talks with witnesses were also trying to “get evidence right”.
“It doesn’t quite have the same sinister nature that your submission says it does,” he said.
Judge Macnamara said it was “harsh” for Mr Wyatt to interpret Mrs Mirabella’s comments as an attempt to fix the evidence or commit perjury.
She denied making the comments at all.
Ms Schott said Mr Wyatt’s evidence “came as a bolt out of the blue” and the defence had no legal right to use it in an argument to mitigate damages.
“This is a very serious allegation … it is nonsensical,” she said.
“The defence should withdraw the submission and they should apologise to Mrs Mirabella.”
Judge Michael Macnamara adjourned the case and will hand down his verdict on damages at a later date.
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