Cricketer Chris Gayle wins defamation case against Fairfax, but publisher claims it ‘did not get a fair trial’
West Indies cricketer Chris Gayle has succeeded in his defamation battle against Fairfax Media over a series of articles which alleged he exposed himself to a masseuse in February 2015.
#BREAKING: Chris Gayle has won his defamation case against Fairfax Media. @Sophie_Walsh9 #9News pic.twitter.com/a1MfVMxvNM
— Nine News Australia (@9NewsAUS) October 30, 2017
The SMH is also reporting the jury found Fairfax had not established a “defence of truth” in relation to the allegations.
The reports – which appeared between 6 and 9 January in The Sydney Morning Herald, The Age and The Canberra Times – suggested Gayle had “exposed his genitals to” and “indecently propositioned” a female massage therapist.
#BREAKING West Indies cricketer Chris Gayle has had a win in defamation case against Fairfax Media – truth defence has not been established
— Michaela Whitbourn (@MWhitbourn) October 30, 2017
Fairfax Media had defended the articles on the basis the allegations were true and qualified privilege, which requires a publisher to show defamatory articles were of public interest.
Verdict by the jury in the Chris #Gayle defamation action. "That was a triple century: no, no, no," Gayle said. Large damages expected. pic.twitter.com/C0oOi93jc1
— Sam Buckingham-Jones (@SamEBJones) October 30, 2017
A Fairfax solicitor told Seven’s Chris Reason the company is considering an appeal:
Re Chris Gayle: Fairfax solicitor: ‘we are shocked and disappointed…yes, this is going to cost us a lot of money’. Considering an appeal
— Chris Reason (@ChrisReason7) October 30, 2017
The timing of Fairfax Media’s hearing on damages has not been confirmed.
The win comes after Gayle caused controversy in 2016 when he asked then Ten sports reporter Mel McLaughlin on a date during an on-air interview and then said “don’t blush baby”. At the time, Gayle was criticised for sexism.
Update 5:02pm:
A Fairfax Media spokesperson told Mumbrella the publisher was “seriously considering its appeal rights.”
“Fairfax Media is concerned with the conduct of the trial to the extent that on Friday it sought an order that the Jury be discharged and a new trial ordered,” the spokesperson said.
“The Judge accepted that the Jury had been misled in a way that prejudiced Fairfax, but declined to discharge the Jury. Fairfax believes that it did not get a fair trial. It is seriously considering its appeal rights.”
Good.
Gayle doesn’t seem like much of a role model, quite the opposite. But that doesn’t give media outlets and journalists the right to publish lies, hearsay or unsubstantiated rumours – just because we don’t like somebody, it does not give us the right to libel or bully them and that is happening too much right now.
I hope they are punished severely
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““The Judge accepted that the Jury had been misled in a way that prejudiced Fairfax, but declined to discharge the Jury.”
From a legal perspective, there could be very strong grounds for an appeal based on a potential procedural error by the Judge. Whether it will change the outcome is a different matter; it will be very factually dependent.
There will always be some grey areas in reporting & journalism, and it’s right for the court system to keep the balance in check.
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