Extract from The Guardian
Journalist
Louise Milligan is also included in court proceedings that allege
‘false allegations’ were made against the attorney general
Last modified on Mon 15 Mar 2021 12.44 AEDT
Christian Porter has commenced defamation proceedings against the ABC and investigative journalist Louise Milligan in the federal court to counter “false allegations against him in relation to a person who he met when he was a teenager”.
Lawyers for Porter confirmed the legal action on Monday. While federal parliament resumes on Monday, the attorney general remains on mental health leave after naming himself as the cabinet minister implicated in a rape allegation dating from 1988 – an allegation Porter categorically denies.
One of the attorney general’s legal team, Rebekah Giles, said in a statement the article triggering the legal action “made false allegations against him in relation to a person who he met when he was a teenager”.
Giles – who also represented the former Liberal staffer Brittany Higgins when she threatened a defamation proceeding against the defence minister Linda Reynolds – declared Porter had been subjected “to trial by media without regard to the presumption of innocence or the rules of evidence and without any proper disclosure of the material said to support the untrue allegations”.
Giles said the “trial by media should now end with the commencement of these proceedings”. She said “claims made by the ABC and Ms Milligan [would] be determined in a court in a procedurally fair process” and Porter would have “and will exercise the opportunity to give evidence denying these false allegations on oath”.
News of the legal action comes as the Morrison government is staring down calls for an independent inquiry into the allegations, arguing such an inquiry would offend the rule of law.
Labor, the Greens and parliamentary crossbenchers support an independent inquiry. Business and legal experts, including the former solicitor general Justin Gleeson, have said there would be no issue holding an independent inquiry.
The complainant, now deceased, made a complaint to police before she took her life last year. But she withdrew that complaint before her death. The South Australian coroner is considering whether or not to conduct an inquest.
New South Wales police ended their inquiries on the basis there was not enough admissible evidence in the case, but last Friday, the police commissioner, Mick Fuller, signalled he would reconsider the allegations after a longtime friend of the alleged victim released a statement saying he recalled having “relevant discussions” about the case with the attorney general from as early as 1992.
Last Friday, the Macquarie Bank managing director James Hooke said he had “clear recollections” of a series of “relevant discussions” with both the woman – his former girlfriend – and Porter.
Hooke said the woman, who he considered to be a “very dear friend”, and he had “relevant discussions” about the event from “mid-1988 until her death”. Hooke also recollected speaking with Porter from 1992 onwards.
Hooke said he had known both Porter and his accuser for 30 years.
Giles said publication of the allegations had damaged the reputation of the attorney general. She said the looming legal proceedings would allow the ABC to present any relevant evidence “and make any submissions they believe justifies their conduct in damaging Mr Porter’s reputation”.
“If the ABC and Ms Milligan wish to argue the truth of the allegations, they can do so in these proceedings – under the Defamation Act it is open for the ABC and Ms Milligan to plead truth in their defence to this action and prove the allegations to the lower civil standard”.
Giles said now the issue was heading to court, Porter would not be making any further comment.
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