wahoo! Found a threadreader version of Vaxatious's morning tweets. soz bout the length
Moira Deeming v John Pesutto, Day 9
#DeemingvPesutto
SC asking Pesutto about "THAT tweet" (i.e Angie Jones' tweet).
Pesutto describes it as "an odious statement consistent w/ what the Nazis displayed on the Steps of Parliament"
SC asks JP whether he knew that Angie Jones had publicly condemned Nazism.
JP says that was not relevant: "the issue at the heart of the matter was equating the views of the LWS Rally w/ the views of Nazis, I wanted that distanced from the party"
SC puts to JP that no-one had even mentioned Angie Jones until JP did
JP says he was certain that at some point very soon there would be a link drawn btw "that tweet", Mrs Deeming and the Liberal Party
SC: "That question required a yes or no answer, can you please answer my questions without giving a speech"
SC: "You were the person who drew in Ms Jones and made a connection btw her and Mrs Deeming, didnt you"
JP: "That may be the case but I was concerned it may become an issue...". He makes another 'speech'
SC: "You had no interest in finding a pathway out of the situation that was not suspension or expulsion"
Pesutto denies this
SC: "You had no interest in an option that included Mrs Deeming issuing a public statement"
JP: "I hadn't ruled anything out, though I thought the circ's were pointing to a resignation or an expulsion"
A few mins before Mrs Deeming arrived at the 19 March Liberal Party Meeting, JP had a draft of his Media Statement that said JP was accepting Deeming's resignation
JP: "That was an expression of a scenario I was contemplating during the day"
SC: "Well you didn't change the draft Statement did you"
JP: "I don't believe I did"
SC: "How much footage of the Rally had you actually watched by 5pm [when the Liberal Party met w/ Deeming]"
JP says he saw various clips circulating on Twitter, as well as the Champagne Video
SC asks JP whether he saw the footage from the LWS Rally of Moira Deeming speaking
Pesutto says he can't recall
SC is now playing the video of Deeming's speech from the Rally
SC: "So you didn't understand prior to your Media Statement that Mrs Deeming's role at the Rally was effectively reading out a message from a Muslim immigrant woman"
Pesutto says he doesn't agree w/ that characterisation
SC is again accusing Pesutto of avoiding answering the question, he's continuing giving speeches she says. She sounds quite annoyed and says that his evidence won't finish today if he continues to be non-responsive to questions
Judge: "After all of that I can't remember what the question was"
HAHA
SC rephrases her question - "do you agree that the substance of what Deeming said at the Rally was to read out a message from a Muslim immigrant woman"
Pesutto accepts this
SC says it was irresponsible of Pesutto not to have taken the time to understand what Deeming's role at the Rally was
Pesutto says he rejects that
SC now showing Pesutto a social media post from the Australian Jewish Association, posted on 19 March which says the Nazis crashed the Rally
SC: "Wasn't it significant to you that the AJA had information that caused it to issue this statement?"
Pesutto says he doesn't consider the Australian Jewish Association a credible voice and in any event, their view wasn't relevant to him
SC: "Do you recall, after 20 March and days after, receiving email after email from women who actually attended the Rally?"
Pesutto says he was aware there was a lively debate about the circ's of the Rally, but can't recall reading the emails
SC: "Didn't you think it was important for you to understand the accounts of the Rally?"
JP: "Issues in opposition to what I was proposing would be ventilated during the week and at the Party meeting that was to take place on the 27 March 2023"
SC: "In the course of looking for relevant info to put in your dossier, didn't you think it was important to look into the accounts of women at the Rally that had been emailed to you?"
JP says his staff monitor his emails
SC: "Did you direct your staff in the preparation of the dossier to find out what had actually happened at the Rally?"
JP: "I assumed that's what they were doing"
SC: "Did you notice there was in fact very little information about what had occured at the Rally in the dossier?"
JP: "I don't accept that"
SC now accusing Pesutto of mischaracterising Moira Deeming's demeanor at the Liberal Party meeting on 19 March
Pesutto concedes Deeming was not flippant like he previously said, but doesn't accept her demeanor was very "concerned"
Pesutto concedes Deeming was prepared to condemn the presence of Nazis at the rally, but says Deeming was not prepared to call out the conduct referable to Angie Jones and Kellie Jay Keen
Pesutto says his understanding was that Deeming was prepared to give a general denunciation but not prepared to name the specific conduct referable to Jones or Keen
SC: "That's just not honest evidence is it"
JP: "I reject that your Honour"
SC puts to JP that he misrepresented to other MPs and the public the 19 March 2023 meeting
JP rejects that
SC also puts to JP that he also misrepresented what occurred in the meeting to the Court, in his affidavit
SC says the reason Pesutto didn't immediately ask Southwick for a copy of the record of the meeting on 19 March 2023 is because "you had been lying for over a year about what happened at that meeting"
Pesutto denies this
SC says that Pesutto's approach to suspending Deeming was irrational and unreasonable, a more rational approach would be to wait and see how the Rally and Deeming's link with it played out in the media before taking any action
SC says Pesutto actually had copies of exculpatory material, but disregarded it because he wanted Deeming out of the party and in fact deliberately released material that would malign her w/ the MSM '
Pesutto denies this
SC now taking Pesutto through the transcript of the 19 March meeting. Pesutto says to Deeming in that meeting: "In the interests of candour I came into this meeting thinking there were 2 outcomes - either you resign or I look at a process under the Parliamentary rules"
SC: "You understood didn't you that there was an option to present Deeming with a statement for her to read publicly, that would've accomodated what you wanted"
JP says he didn't think that was an option. He formed the view that Deeming wouldn't do what was necessary
SC: "A week later, a form of words was put in front of her and she agreed to it"
Pesutto points out that Deeming then put out a social media post saying Jones and Keen didn't do anything wrong
SC now asking JP more questions about his understanding of the 19 March meeting & his understanding of what Deeming had said
The transcript shows that Deeming asked Pesutto for clarification about what the issue was and what exactly Pesutto expected Deeming to do to address the issue.
"The transgender thing is separate to the Nazi thing, right?", Deeming said at the time
In the meeting Deeming also said: "I don't want to set a standard where just bc I agree w/ someone on one thing, doesn't mean I agree w/ them on everything"
SC: "You accept that's a wholly rational response?"
JP: "No I don't accept that"
SC: "You did not have any credible information at the time of this meeting to warrant the condemnation as people of Ms Jones and Ms Keen, did you?"
Pesutto: "That is wrong"
SC: "For you to require Mrs Deeming to condemn [Jones and Keen] as people based on the material you had at the [19 March] meeting was despicable, wasn't it?"
Pesutto: "No your Honour"
SC: "You had no material at the meeting that Katherine Deves was Nazi associated did you?"
Pesutto doesn't believe he did, but says that in the Fed 22 election she drew a lot of media attention
SC: "What has that got to do w/ Nazism?"
As an FYI folks, these questions from Chrysanthou SC are all going to aspects of some of Pesutto's defences of which "reasonableness" is an element that Pesutto needs to prove
SC trying to show JP did not act reasonably & therefore these defences should fail
SC: "You've sought to mischaracterize the 19 March meeting by claiming that Deeming's expulsion had nothing to do w/ sex based rights & the reason you did that is b/c you knew Deeming's advocacy on 'sex based rights' is freedom of speech that is acceptable in the Liberal Party"
Pesutto denies this
SC asking more q's about the 19 March meeting. "You understood that Deeming was shocked about the allegations regarding Keen and Jones. She said 'I thought we were here to talk about the Men in Black'".
Pesutto accepts this
Pesutto saying that he was looking for Deeming to say at the 19 March meeting: "I see what you mean that the Party is exposed here, and I will do whatever is necessary to fix this".
Pesutto says Deeming did not do this
Pesutto's answers are very much the answers of a politician, he's still avoiding answering the question, eg. "I accept that's what's in the transcript". SC: "I am not asking you that, I am asking what YOU understood Deeming's response to be"
SC now asking Pesutto about what occurred during the 20 min break of the 19 March meeting
JP: "We spent that time talking about what the best course for the party would be"
SC asks Pesutto whether Southwick taped the 20 minute break, because he taped the rest of the meeting.
SC: "Did you ask Southwick whether he taped the break?"
Pesutto: "No"
After the 20 minute break, it was conveyed to Deeming that a Statement wouldn't work because "the damage was too deep"
SC puts to Pesutto that he'd already made that decision before the meeting
SC puts to Pesutto that the expulsion of Deeming would not ameliorate the damage that she'd allegedly done bc she'd still be a member of the Liberal Party (albeit not part of the Parliamentary Party) Pesutto denies this, says it would then be left to the "organisational side"
SC asks whether Pesutto contacted the "organisational side" of the Liberal Party to seek her expulsion from the party
Pesutto concedes he didn't do this
SC: "It was a political move for you - to remove from your Parliamentary Party room a woman who you considered was conservative & did not advocate on issues the political msg you wished to pursue. In doing so you committed a v direct breach of the Liberal Party Constitution"
Pesutto rejects this
Court adjourned for 10 minutes whilst his Honour attends to another matter
Ah, a welcome break for my tired fingers! 😀
And we're back!
SC asks Pesutto about a final draft of his Press Release that changes the original draft from "resignation" to "expulsion"
Pesutto says the drafts were an expression of a "possible scenario" he was contemplating during the day
So the first draft of the Press Release referred to "resignation" and the next draft referred to an "expulsion". SC points out to Pesutto there was no other draft version which referred to a 3rd option - Moira Deeming condemning Nazis/issuing her own Press Release
Nick Johnson, the Comms Manager of the Liberal Party drafted the Press Release. Pesutto gave instructions to Johnston that the Press Release needed to mention that Pesutto would be moving an expulsion motion
After speaking w/ Johnson, Pesutto called other MPs to inform them what was happening (he'd be moving an expulsion motion). SC puts to Pesutto that he didn't call them to seek their views, he called them to tell them what was happening
Pesutto accepts this
SC puts to Pesutto that in order to garner support for his motion, he told MPs that Deeming had organised the Nazis to attend the Rally. "You needed a serious reason to justify expulsion, didn't you".
SC now asking Pesutto what he knew about Jean Paul Gariepy (far right extremist). A video of Gariepy & Kellie Jay Keen was featured in Pesutto's expulsion dossier.
Pesutto admits he didn't watch the full video despite relying on the video to issue his Press Release
SC: "It was unreasonable of you to rely on that video [as the basis for expulsion] when you hadn't even watched it, wasn't it"
JP says he relied on his staff
Pesutto admits that he didn't watch the Soldiers of Christ video (another video included in the expulsion dossier)
Pesutto also admits that Kellie Jay Keen had previously said she doesn't check who she gives interviews to, she gives interviews to basically anyone
SC: "You had no reasonable basis to disbelieve Ms Keen's statements that she would give interviews to anyone"
Pesutto says he found it hard to believe/found it strange Ms Keen didn't check who she was giving interviews with
SC: "Do you agree with every interviewer you've ever given an interview with?"
Pesutto: "Of course not"
SC: "It's not always the purpose of an interview asking & answering questions where they famously get along? Nor is it always the purpose of an interview for the interviewer to give the interviewee a platform to express views the interviewer agrees with?"
Pesutto accepts this
There are a couple of Moira Deeming supporters sitting in the court room gallery. I can see one wearing a "Let Women Speak" t-shirt
Oh yay! I was struggling to hear Chrysanthou as she was standing too far away from the microphone. A court staffer has just moved the microphone closer!
SC now asking Pesutto about other MP's involvement w/ the LWS movement such as Jacinta Price. SC puts to Pesutto that he deliberately didn't look into this "to avoid coming across any exculpatory material"
Pesutto rejects this
SC now showing Pesutto a draft copy of the expulsion dossier. The information in para 2 was sourced from Wikipedia.
SC: "Much of what was set out in the first 5 dot points (except for a few words) is what Mr Pintos Lopez read out to Deeming during the meeting".
SC points out to Pesutto that the following sentence was NOT read out to Deeming during the meeting:
"Keen denied prior knowledge of the interviewer's far right affiliations"
SC asks JP whether he noticed this, JP says no
This sentence was not in the final version of the dossier
SC puts to JP that the sentence was deliberately removed by him to avoid the inclusion of any exculpatory material in the dossier
JP denies this
SC puts to JP that the sentence was a relevant matter. JP says it might be, it was "convenient for Ms Keen to assert this, [but didn't explain Ms Keen's regular appearance w/ far right figures"]
SC: "Not including Keen's denial in the dossier was very unfair"
SC: "Had you ever been interviewed by a person who had interviews you strongly disagree with?"
Pesutto isn't sure
SC says JP has been interviewed by the ABC who also interview members of the Greens Party, w/ whom JP has had serious disagreements on various matters
SC: "You accept don't you that someone wouldn't associate you with the other interviewees and to do so would be irrational, wouldn't it"
Pesutto accepts this
SC now shows Pesutto article about Keen's interview w/ a white nationalist YouTuber. SC: "You understood that Keen sought to debate ppl who did not agree with her views and who she did not agree with"
Pesutto accepts Keen did interviews w/ ppl to contest their views
Pesutto says that his concern was w/ someone who choses to go onto far-right platforms but concedes that Keen did say she sought to debate ppl who's views she disagreed w/
To clarify: SC has shown Pesutto an article about Keen's decision to do an interview with Jean Paul Garipie, in the article Keen says she did interview to debate someone who's views she disagreed with. The article discusses the merits of doing this.
This article was included in the dossier, but was cut-off, so the parts of the article where Keen says she did interviews w/ ppl she disagreed w/ was not included
Pesutto says he included a link, he expected MPs to go to the source material
SC: "Cutting off this article was a very misleading thing to do"
Pesutto: "No, all the information was there"
In the article, Keen says she makes it her business to avoid researching the entire spectrum of someone's views
This is not included in the dossier
Pesutto says Keen just wanted plausible deniability
SC: "Didn't you think you were obliged, having relied on this article, [to include the quotes from Ms Keen]"
Pesutto says that the dossier included a link to the whole article
SC: "You were telling ppl on 20 March that Kellie Jay Keen associated w/ Nazis, and you did so knowing that she had said 'white supremacy and the racism that fuels it has no place in a civilised society'".
Pesutto agrees that Keen said that
SC: "You KNEW Keen had made those statements"
Pesutto says he wasn't convinced by it
SC: "You KNEW she had said that. You had no information to rationally form a view that she wasn't telling the truth"
Pesutto says he had other information from other sources
SC: "You had information from wikipedia"
SC: "So all you had was Wikipedia and 3 other articles (Pink News, National and News dot com) as at Sunday 19 March"
Pesutto believes this is correct
SC: "That was a wholly insufficient basis to rationally form the view that Ms Keen was lying when she denounced white supremacy in the article"
Pesutto denies this
SC: "You're not telling the truth are you"
SC: "Do you accept that not including the whole article was unfair to Ms Keen and also unfair to my client"
Pesutto doesn't accept this
Pesutto also caused the dossier to be distributed to the press
SC: "Do you accept this was dishonest of you"
JP: "No your Honour"
SC now asking Pesutto about the Press Release that went out on 19 March 2023. What was deleted from that Press Release was a statement that Deeming had assured Pesutto she had no involvement w/ Nazis & Pesutto accepted that
Pesutto says that the sentence was drafted before the Liberal Party meeting earlier that evening. Pesutto says he still had lots of questions about the Rally. But he accepts Deeming was not involved in the Nazi protest.
SC: "There was no reason for you to not include (cont)
those words in the Media Release"
Pesutto: "Well I didn't draft the Media Release, but I approved it to go out"
SC: "You should have included those words in the Media Release"
JP: "I thought the Media Release served the purpose I needed it to achieve"
SC: "The purpose you were seeking to achieve was to associate my client with Nazis"
Pesutto doesn't accept that
Court is adjourned till 2.15pm
What a cross examination!
I will start a new thread at 2.15pm