Sydney Morning Herald loses defamation case against Dr John O’Neill, ordered to pay $385,000
The Sydney Morning Herald has lost its defamation case against Dr John O’Neill, and been ordered to pay O’Neill $385,000 in damages.
Dr O’Neill was a ringside doctor for a boxing match between Anthony Mundine and Danny Green. Fairfax columnist Peter FitzSimons wrote a column about the fight published on 10 February 2017, which led to the case against both the publisher and FitzSimons.
Dr O’Neill was the ringside doctor in a match between Anthony Mundine and Danny Green
In the first round of the fight, Green was punched by Mundine, causing him to fall to the ground. Dr O’Neill said that Green was not injured or concussed, and cleared him to continue with the fight. An MRI scan a few days later produced a similar result to a scan conducted two years earlier.
FitzSimons didn’t named Dr O’Neill in the column, but wrote that “a bloke with a bleeding brain was allowed to continue, risking his life”, “Green’s head was in Zone Red”, and “Another serious blow when he’s already concussed, it is no exaggeration to say, could have been fatal”.
FitzSimons wrote the piece as part of his ‘The Fitz Files’ column
Dr O’Neill said that FitzSimons’ column imputed that he incompetently allowed Green to continue fighting despite suffering a bleed on the brain, negligently endangered Green’s life, and was so reckless that he failed to stop the fight.
Justice Lucy McCallum agreed, ruling that the column was defamatory.
“The defamation was significant and Dr O’Neill is entitled to a substantial award of damages,” she said, awarding the doctor $350,000 in general damages and $35,000 in aggravated damages.
“In my view, the defamatory sense of the article as captured in Dr O’Neill’s imputations was clearly conveyed as fact rather than as an expression of opinion. Indeed, in my respectful opinion, the contrary view is barely arguable.”
Justice McCallum added that O’Neill’s reputation was damaged professionally and personally.
“The damage clearly spread among Dr O’Neill’s colleagues and friends, potentially damaging his reputation irreparably in some quarters,” she said.
“The imputations are very serious, striking at the heart of Dr O’Neill’s professional reputation.”
Justice McCallum noted that, had O’Neill been named in the column, the damages awarded to him would have been higher.
Nine, the owner of the former Fairfax mastheads, declined to comment.
Brittney Rigby was Mumbrella's deputy managing editor - news and analysis. She left Mumbrella in April 2021.
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Fitzsimmons should just stick to Folau opinion pieces, and his ‘I’m-sick-of-the-Folau-saga’ pieces…
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This clown should pay $385k not Fairfax – he’s too loose. And I’d be telling him to take off that ridiculous bandana
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If you don’t understand boxing – don’t write articles about boxing.
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[Edited under Mumbrella’s comment moderation policy] Fitzsimons [Edited under Mumbrella’s comment moderation policy] has already cost Fairfax a motza in lost defamation cases – anyone care to check the figures? SMH has been in his thrall [Edited under Mumbrella’s comment moderation policy]
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I like Peters writing and provocative opinions, but puzzled by his obsession with MMA and boxing. I don’t think too many participants are under the illusion being belted in the head is good for you, but choose to do it anyway. Much like fast food, drinking and smoking. Stupid? Perhaps. Free choice? Absolutely.
Have a look at the number of deaths and injuries associated with rock fishing, horse racing, motorsports and scuba diving. Shall we ban anything potentially dangerous?
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[Edited under Mumbrella’s comment moderation policy]
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Everything FItzSimons touches backfires, [Edited under Mumbrella’s comment moderation policy] we will never be a Republic as long as bandanna man is cheering.
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How can you take someone seriously when [Edited under Mumbrella’s comment moderation policy] …he should stick to drinking soy lattes from his echo chamber in Mosman
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FitzSimons is, quite frankly, behaving like a bully, especially towards Folau, but also anyone who dares to express an opinion different to his own.
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The Red Pirate strikes again.
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Let’s not forget FitzSimons was happy to pen a book about boxer Les Darcy to make a quid for his own pocket, all the while pillorying the sport and call for its abolition.
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Ironic [Edited under Mumbrella’s comment moderation policy]
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[Edited under Mumbrella’s comment moderation policy] His columns are pervaded with a “holier than thou” attitude … I hope he plugs Dr O’Neill’s forthcoming book as shamelessly as he promotes his own efforts.
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Couldn’t agree more.
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Red bandanna man should shut his mouth altogether: he is nothing more than another self-proclaimed celebrity who suffers relevance deprivation.
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Didn’t he play Rugby Union ? [Edited under Mumbrella’s comment moderation policy]
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Ey, @KGB, leave rock fishing outta this 😉
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KGB. Maybe there’s a certain amount of ‘chance’ re the past times that you list. Boxing seems to be an absolute certainty of inflicted damage.
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