I have just c&p'd from twitter feed. Apologies if I have missed anything.
Moira Deeming v John Pesutto, Day 9 Part 2
From ExposingNV
Sue Chrysanthou SC continues her cross examination of John Pesutto
SC asks JP whether, at the time of the publication of the Media Release, he believed Deeming had been associated w/ neo-Nazis and white supremacists Pesutto says no, he didn't believe that
SC: "By engaging in strong criticism of Neo Nazis in the 1st paragraph of the Media Release & moving straight on to my client, the conduct of the two would be conflated"?
Pesutto doesn't accept this
In the Media Release, there's a reference to Deeming associating with other organisers who are assoc w/ right wing extremists
Pesutto accepts this would be understood that Deeming was associating w/ far right extremist groups & neo-Nazis
After publishing the Media Release, people started contacting Pesutto. There were also media articles that evening where his Media Release was re-published
The Media Release refers to "other organisers being publicly associated w/ far right extremists"
SC asks Pesutto what he means by "publicly associated"
Pesutto refers to the Champagne Video as an example
SC: "How does the Champagne Video = publicly associating w/ Nazis?"
Pesutto says the video shows them not taking the issue seriously, making light of Nazi attendance & spouting conspiracy theories
SC: "How does 'making light of Nazi attendance' = public association w/ Nazis?"
Pesutto says members of the public who saw the video would see it as a celebration & would associate Deeming et al with Nazis
SC: "Mr Pesutto do you think any of your last 3 answers make any sense at all?"
SC now puts to Pesutto that by 6pm on the Sat night, he knew that Nazis had come to the Parliament Steps yet didn't put out any press release to condemn their attendance like others in his party had done (eg Southwick)
SC: "There was absolutely no need to put out a press release before you'd served the expulsion motion"
Pesutto says he believed it was urgent
SC: "The only reason you did so was to publicly malign my client & to put pressure on party members to vote in favour of the motion"
SC accuses JP of publishing the press release as a political tactic, this was all about his leadership, a vote against the expulsion motion would be a vote against JP
"Your primary concern was your own personal political interests & not the broader interests of the Lib Party"
As an FYI, one of Pesutto's defences is Public Interest, these questions go to that defence
SC: "You are the one that turned this into a major news story, if not THE major story"
Pesutto says that's not the case, the story was already building & was going to continue to build & become a major issue for the party
SC accuses Pesutto of doing all of this to protect himself
In Pesutto's affidavit, he talks about what Daniel Andrews would do in this situation
SC: "It was wholly insufficient merely b/c Mr Andrews would address some criticism about Mrs Deeming for you to engage in the conduct that you did"
JP: "No I don't agree w/ that"
SC puts to Pesutto that he didn't come out & make it plain that Deeming was innocent in any association w/ the neo-Nazis on the steps of parliament
JP says he made it clear that the purpose of the expulsion motion was Deeming's associations not that Deeming herself was a (cont)
Nazi sympathiser
SC: "But you were connecting Mrs Deeming w/ the neo-Nazis"
Pesutto doesn't accept that
SC: "You had read media reports that the Nazi's had "gate crashed" the protest, hadn't you"
Pesutto doesn't accept that they 'gate crashed'. He believes the earlier media reports were that the Nazis were there to support the Rally
SC: "You understood by 8.40pm that the Nazis hadn't been invited to the Rally, they were at the Rally to engage in a dispute w/ the counter protest"
Pesutto says that it was his understanding at the time was that the Nazis were there to support the Rally
SC asks Pesutto why he did so many media interviews
"Why did u need to give any further explanation beyond your media release?"
JP says he anticipated his decision wld be subject of intense public debate
SC accuses JP of "keeping the story going"
SC is now asking Pesutto about his 3AW interview w/ Neil Mitchell. This is another publication that Deeming is suing Pesutto over
In that interview, Mitchell asks Pesutto what Deeming did, & JP says she had associations w/ ppl who had known links w/ Nazis and Nazi sympathisers
In the interview, Mitchell asks Pesutto what links Kellie Jay Keen had with extremists. JP said that Keen "done videos, interviews & shared platforms" w/ far right extremists
Mitchell says KJK said "she's willing to be interviewed by anyone", which Pesutto denies
SC puts to Pesutto that his answer in the interview wasn't true, he knew that it was true that Keen had said she's willing to be interviewed by anyone
JP says he isn't sure, he didn't think he was responding to Mitchel's question
The Judge doesn't seem convinced by this answer
In the 3AW interview, Pesutto also says that Keen was "in league" with far right extremists
SC: You accept don't you that is something MORE than just a mere association
JP doesn't accept this
In the 3AW interview, Pesutto also accuses Deeming of organising a rally w/ ppl who had KNOWN links w/ neo-Nazis
SC puts to JP that he wanted to convey Deeming herself knew that Keen had links w/ neo-Nazis
JP says by "known associations" he meant "publicly known"
SC now asks, "well what are you asserting Deeming's culpability is? What did she do to deserve expulsion?"
Pesutto: "She helped organise and promote a rally w/ ppl who had associations w/ ppl who had known links with neo-Nazis"
SC: "If it's not the fact of the rally, the attendance, the organising, if it's the fact of doing that w/ Ms Keen and Ms Jones, how could Ms Deeming be culpable if she wasn't aware of those associations at the time?"
Pesutto says he would expect Deeming to have done her due diligence before attending and organising the rally w/ Jones and Keen
SC: "I am trying to understand what Deeming's culpability is. What did she do or not do that warranted the expulsion in her mind?"
JC: "She organised, attended and participated in the rally w/ ppl who had known associations w/ far right extremists"
SC: "Mr Pesutto, the manner in which you are trying to justify or explain what my client did makes no sense to you. You're struggling to answer my q's b/c you know you don't have any logical argument for sustaining your decision to expel my client"
JP: "I don't accept that"
SC puts to Pesutto that in the 3AW interview he intended to convey Deeming was associating w/ ppl she KNEW had links w/ far right extremists
Pesutto admits he didn't have a problem with Deeming attending the Rally
In the 3AW interview, Mitchell also asks Pesutto whether he knew that Deeming was going to attend the Rally. Pesutto avoids answering the question. SC puts to him that he avoided answering the question b/c he did know ahead of the Rally that Deeming was going to be attending
In the 3AW interview, Mitchell also brings up Matthew Guy and dinners Guy had attended w/ mobsters/known criminals
SC: "So Mr Guy innocently associated himself w/ someone he shouldn't have, but he wasn't expelled from the party was he?"
Pesutto accepts Guy wasn't expelled
SC asks why such a different approach was taken with Deeming
Pesutto says the circumstances were very different
SC also asks Pesutto about this sentence in the 3AW interview: "Deeming is not a Nazi, but she's associating w/ ppl who are"
SC: "Which Nazis was she associating herself w/ Mr Pesutto?"
Pesutto admits he made an error in the 3AW interview & what he should've said was that Deeming had associations with people who had associations with people who are Nazis
SC puts to Pesutto why he never apologised to Deeming
SC: "You never publicly apologised to Mrs Deeming of accusing her on Neil Mitchel's show of associating w/ neo-Nazis"
Pesutto accepts he didn't, he didn't realise till a good deal later of his mistake, the interview was fast paced, it was an accident
In the 3AW interview, Pesutto also said Kellie Jay-Keen was a Nazi sympathiser
SC: "You had absolutely no information at that stage that justified accusing KJK of being a Nazi sympathiser"
JP: "I believed it to be so"
SC: "You don't believe it to be so now, do you?"
Pesutto says that he does, since the 3AW interview more information came to light which gave him great concern that indicated a sympathy Keen had sympathies w/ neo-Nazis
SC: "But you apologised to Mrs Keen, and that Statement is still up on your website, that you don't think she is a sympathiser to neo-Nazis"
JP says that his public apology/statement was worded very carefully and he only apologises to KJK for being a Nazi, not a Nazi sympathiser
SC now reads out Pesutto's public apology which says that he "accepts KJK and Angela Jones share my belief that Nazism is odious and contemptful"
"How is someone who shares your belief that 'Nazism is odious and contemptful' also a Nazi sympathiser"
Pesutto concedes that he accepts he no longer holds the view that Kellie Jay Keen is a Nazi sympathiser
Pesutto tries to claim that he was conscious of trying to preserving his defence
The Judge is not buying this. "How is anything that was pleaded in the Defence qualify what Ms Chrysanthou read to you in the apology statement?"
JP: "I accept that the concern I had about what I was pleading in my Defence is superseded by this statement"
In the 3AW interview Pesutto also talks about Angie Jones' tweet. Mitchell brings up that Angie Jones said the tweet was taken out of context & Pesutto says in response: "Do you buy that".
SC now puts to Pesutto whether that's something he should have said Pesutto says he didn't buy Angie Jones' excuse, he said when you look at the tweet it's a "fairly odious tweet" and he just didn't buy, nor does he currently buy, her excuse
Chrysanthou now asking Pesutto about an interview he gave the ABC. This is another interview that Deeming is suing him over
In the interview Pesutto says that the Liberal Party doesn't stand w/ neo-Nazis. SC puts to JP that he was trying to associate Deeming w/ neo-Nazis
Michael Rowland (ABC interview) says: "Do you have a view on whether this woman whose views you find abhorrent, or her appearance at the rally yesterday abhorrent, kicked out from the Liberal Party you lead?"
SC: "You didn't find my client's views abhorrent or her attendance at the rally abhorrent did you?"
JP accepts he didn't. SC asks why JP didn't clarify Rowland's comments. JP: "I didn't affirm his comments I just [went on to talk about] the subject I wanted"
SC accuses JP of affirming Rowland's statement by not clarifying that he didn't find Deeming's views abhorrent
Pesutto denies this
SC puts to Pesutto that he should have not only not affirmed it, but clarified that he didn't find Moira Deeming's views abhorrent. Pesutto disagrees, as that "would've taken the interview in a different direction"
SC: "In a different direction where you make it clear that my client is not a neo-Nazi or a Nazi sympathiser?"
One thing is becoming increasingly clear to me: With 15 minutes left, John Pesutto's cross examination is unlikely to wrap up today
SC now showing Pesutto an email from Mr Pintos Lopez sent on 20 March 2023, attaching (what I think is) another copy of the expulsion dossier
In the document are screenshots from Twitter, one showing a reply to Angie Jones' tweet. It's an image of furby holding a sign that says "P*ss yourself"
SC, describing the tweet: "It's a tweet with..I don't even know what that animal is....oh, I'm told it's a furby"
Confirming yes, this is a draft version of the dossier Chrysanthou is now taking Pesutto through
Appears there were several iterations of the dossier before a copy was sent to Deeming
SC asks Pesutto if he knows how the final version came about. Pesutto doesn't recall.
SC: "Did you notice when you approved the dossier that material had been taken out"
The dossier sent to Deeming was much shorter than the previous drafts. SC puts to Pesutto that exculpatory material had been removed
That's it for today! Chrysanthou flags that the hearing is running behind schedule. Evidence should finish on time but flags that Closing Submissions may not. Expect 2 days for both sides to do Closing Submissions
The Judge expresses concern that 2 days may not be enough as need to allow for interruptions from him to ask questions He will "mull over it over this unfortunate long weekend"
Court adjourned till 10.15 am Monday (due to public holiday in Victoria the Court is not sitting tomorrow)