PRESS RELEASE: Di Morrissey regrets any hurt caused to Cr Len Roberts
Cr Len Roberts (Mid-Coast Council) has settled a Defamation lawsuit commenced by him against The Manning Community News, and Di Morrissey (Australian fiction author), owner and publisher of that newspaper. The Defamation proceedings were commenced over a series of articles published in print and online during Y2018- Y2019. The terms of the settlement are confidential.
Cr Len Roberts claimed in court documents that the series of articles were defamatory, and part of a broad scale attack on his professional reputation and Aboriginality. They were published without contact with Cr Roberts beforehand.
During the proceedings, the defendants made an application to summarily dismiss the case, which was unsuccessful for the reasons published by her Honour Gibson DCJ in Roberts v The Manning Community News Pty Ltd & Anr [2020] NSWDC 301. Her Honour Justice Gibson noted in that Decision (par 51) that the proceedings sought to establish that the publications “were relied upon as evidence that defendant (Morrissey) was embarking on a campaign of denigrating the plaintiff (Cr Roberts)”).
Addressing the prospect of plaintiffs facing a need to undertake multiple defamation actions, Her Honour also said [see paras 77-79 of the judgment]: “Although the nature of online publication exacerbates the problem, courts have long been aware that the nature of mass publication is that many defamations may be published or republished in many jurisdictions. This is not only the case now, but was also a significant problem in the nineteenth century, when Randolph Hearst’s sensation-based “yellow journalism” resulted in multiple publications of this kind being made across the length and breadth of the country and indeed the world”.
Noting also that the Courts are aware of the expense to litigants alleging to have been defamed, Cr Roberts took comfort from the statement by Her Honour in relation to the summary dismissal judgment: “The plaintiff (Cr Roberts) has been entirely successful in a difficult and complex application and should be entitled to a costs order”.
In December 2019, The Manning Community News published an “Apology to Len Roberts” in respect of the articles, stating: “The Manning Community News accepts that these allegations were untrue and unreservedly withdraws them and apologises to Mr Roberts”.
The matter did not proceed to trial as it was eventually settled.
Upon settlement of the proceedings, the following statement of the parties has been agreed for publication:
“The plaintiff has resolved his defamation claim on satisfactory, but confidential terms. The defendants acknowledge and regret any hurt that the plaintiff has suffered as a consequence of this matter”.
According to Gordon Grainger, of Tea Gardens Progress Association, “I observed that the publication of these articles had a devastating impact on Mr Roberts who is a respected and honourable Community member. Our community has supported him for over 20 years and despite the ordeal he has undergone he has still served us faithfully. This is not only great news for Len but for the entire community who has stood by him during this time”.
Mayor of Mid-Coast Council, David West, commented that, “I was deeply saddened and concerned, when a Councillor of 30 years standing, a man of integrity and proud of his Aboriginal heritage, a Councillor whom I know to be dedicated to serving the community, was required to take legal action. I am pleased that the issues have been addressed, and that despite the observable toll taken upon him, Cr Roberts has been able to successfully resolve his claim. In my view, Len is a very experienced and honourable Councillor who serves the Community well.”.
Cr Karen Hutchinson, who has served as a fellow Councillor alongside Len for 16 years stated, “Len is well known for his strength of character and honesty. A satisfactory settlement is a great result for Len and serves as a great example of him standing firm despite adversity”.
contact: Len Roberts 0403071922
