[Greens-Media] SLAPPed down in the Assembly

[Manderson, Roland]

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ACT GREENS MLA DEB FOSKEY MEDIA RELEASE
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9 April 2008



SLAPPed down in the Assembly

ACT Greens MLA Dr Deb Foskey today tabled the Protection of Public
Participation Bill 2008 in the ACT Legislative Assembly.  In her tabling
speech, Dr Foskey was highly critical of the way in which the Gunns 20
SLAPP suit has progressed at glacial speed through the courts.  

"More than 3 years after it was commenced, not one word of substantive
argument has been heard, and we are up to the 4th statement of claim,
after the first 3 were thrown out of court, with costs awarded against
Gunns" Dr Foskey said today.

"Justice Bernard Bongiorno described Gunns' claim as a 'tortuous',
'incomprehensible' document that would 'make explorers like Burke and
Wills quake in their boots'. He said that it was 'ambiguous at best and
misleading at worst'."

Given Justice Bongiorno's comments, it was ironic that the Government
chose to use the occasion to assert that the common law rule of sub
judice prevented Dr Foskey from not only criticising the fact that the
court has seemingly indulged Gunns by accepting so many ambiguous or
misleading claims, but also to stop her merely discussing the facts of
the case. 

"The sub judice rule seeks to restrict the publication of material which
has the tendency to interfere with the administration of justice by
preventing the fair trial of any proceeding in a court of justice." 

"Thousands of pages of media commentary have been written and published
on this case.  Many of these articles are far more critical than my
comments were.  Does anyone seriously consider that my comments will
prejudice a fair trial in this case (if one ever takes place)?  This was
merely a way in which the Government attempted to divert attention from
its failure to introduce anti-SLAPP legislation of its own. "
 
"In 2006, around 150 prominent Public Interest lawyers and legal experts
signed a document supporting the introduction of Bills such as mine.
The Bill does not protect violent or illegal activities.  The Attorney
General today sent me a letter describing my Bill as a 'haven from
accountability'.  Who's right? 150 legal experts, or a Minister acting
on the advice of his department?"

"My Bill would create a right of public participation which would give
some substance to the ACT's Human Rights Act's right of expression. I am
disappointed that the Government has not acted sooner to ensure that
these rights are protected" Dr Foskey said.

================================
Roland Manderson   Media Advisor
ACT   Greens    MLA  Deb  Foskey  
Legislative Assembly for the ACT 
ph(02)62050551      m 0412241379
==== www.act.greens.org.au ===== 
  
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