LostDoggy
17-11-2009, 12:50 PM
Defamation: Nine says sorry, Newman doesn't
KATE HAGAN AND SAMANTHA LANE
November 17, 2009
http://www.theage.com.au/national/defamation-nine-says-sorry-newman-doesnt-20091116-ii9y.html
CHANNEL Nine will pay close to three-quarters of a million dollars for defaming Western Bulldogs director Susan Alberti, but Sam Newman remains unrepentant over his attack on her.
Alberti yesterday told The Age she felt vindicated by the $220,000 payout - close to the maximum under Australian law - which she insisted be made public and agreed to only minutes before a Supreme Court jury was due to be empanelled.
She also revealed how she had been stalked by a man who was enraged by her legal action. She believes the man, who attempted to break into her apartment and who she subsequently reported to police, is now in prison.
Alberti described the past 18 months since lodging the writ as ''difficult''.
''I could have gone away. I could have gone into my shell,'' she said. ''If they had apologised to me appropriately when I asked for it, I wouldn't be sitting here today talking to you. I'm a person that likes to keep a low profile, I do things behind the scenes, I like to make things happen.''
Under the settlement, Nine will also have to pay both parties' legal fees, which are expected to total half a million dollars.
Alberti has no immediate plans for the settlement money, but said she had proved over her life to be ''a giver not a taker'' and hinted that her pet football project outside the Western Bulldogs - the Victorian Women's Football League - could be in for a financial boost. She is already a major financial contributor to the women's league.
Alberti was one of five female AFL club directors Newman described as ''liars and hypocrites'' after they wrote a letter of complaint to Channel Nine last year about a skit in which Newman groped a lingerie-clad mannequin that had a picture of The Age's chief football writer, Caroline Wilson, stapled to it.
Nine's lawyer Jeremy Ruskin, QC, yesterday read the apology in court on behalf of the network's executive director, Jeff Browne. He apologised ''if [Alberti] suffered any hurt or distress''.
But there was no personal apology from Newman or the show's co-host Garry Lyon, who were also sued as part of the case and were absent from yesterday's hearing.
While Alberti was celebrating her win, hoping it would embolden other women to take on prejudice in the AFL, Newman was defiant.
''If you read the transcript of our show very carefully you'll find I have nothing to apologise for. And if you read the apology [issued by Nine] you'll find that was a very carefully worded document,'' he said.
''Channel Nine can do as they wish but I have no intention of apologising.''
Asked about the payout to Alberti, Newman said: ''I think you'll find that's just a means to an end. In the best interest of people who haven't got time to waste on all this, they thought they'd just bring it to a head and finalise it.''
Alberti scoffed at Newman's reaction. ''I am not intimidated by him one bit,'' she said.
Yesterday she told The Age that part of her motivation for settling was to be with her husband, Colin North, who will today have surgery on a lump he discovered in his neck a fortnight ago.
''I could have pushed a bit harder. I know I could. And I could have withstood any number of days in court,'' she said.
''I'm a very strong person when I set my mind to something. But having seen him [North] sick . . I thought, 'This is ridiculous, I've got to put him first'. But I'd never want Sam Newman or Garry Lyon or Channel Nine to think they ever beat me. They didn't.''
Character witnesses ready to give evidence on Alberti's behalf included Western Bulldogs coach Rodney Eade, chief executive Campbell Rose, captain Brad Johnson and president David Smorgon, as well as Victoria University Vice-Chancellor Liz Harman.
Lyon had little to say when contacted by The Age. ''I've left it to them [Nine]. It's really got nothing to do with me. They sorted it out as they deemed fit,'' he said.
The women who wrote the letter about the mannequin incident were branded liars because they had included Collingwood board member Sally Capp as a signatory, despite Lyon saying she did not want to be part of it. Newman said female board members ''served little purpose'', and Lyon singled out Alberti for buying two tables in the The Footy Show audience, in remarks she said implied she was a hypocrite.
Nine removed Newman from the program for several weeks, and made him have counselling over his attitude to women.
Alberti hopes that Nine and The Footy Show have learnt from the case to ''treat women with respect that they deserve … time will tell.''
$220,000 is just short of the maximum defamation payout for ''non-economic'' damages under Australian law. The cap was introduced in 2006 at $250,000 and was indexed to inflation, so now stands at about $290,000.
KATE HAGAN AND SAMANTHA LANE
November 17, 2009
http://www.theage.com.au/national/defamation-nine-says-sorry-newman-doesnt-20091116-ii9y.html
CHANNEL Nine will pay close to three-quarters of a million dollars for defaming Western Bulldogs director Susan Alberti, but Sam Newman remains unrepentant over his attack on her.
Alberti yesterday told The Age she felt vindicated by the $220,000 payout - close to the maximum under Australian law - which she insisted be made public and agreed to only minutes before a Supreme Court jury was due to be empanelled.
She also revealed how she had been stalked by a man who was enraged by her legal action. She believes the man, who attempted to break into her apartment and who she subsequently reported to police, is now in prison.
Alberti described the past 18 months since lodging the writ as ''difficult''.
''I could have gone away. I could have gone into my shell,'' she said. ''If they had apologised to me appropriately when I asked for it, I wouldn't be sitting here today talking to you. I'm a person that likes to keep a low profile, I do things behind the scenes, I like to make things happen.''
Under the settlement, Nine will also have to pay both parties' legal fees, which are expected to total half a million dollars.
Alberti has no immediate plans for the settlement money, but said she had proved over her life to be ''a giver not a taker'' and hinted that her pet football project outside the Western Bulldogs - the Victorian Women's Football League - could be in for a financial boost. She is already a major financial contributor to the women's league.
Alberti was one of five female AFL club directors Newman described as ''liars and hypocrites'' after they wrote a letter of complaint to Channel Nine last year about a skit in which Newman groped a lingerie-clad mannequin that had a picture of The Age's chief football writer, Caroline Wilson, stapled to it.
Nine's lawyer Jeremy Ruskin, QC, yesterday read the apology in court on behalf of the network's executive director, Jeff Browne. He apologised ''if [Alberti] suffered any hurt or distress''.
But there was no personal apology from Newman or the show's co-host Garry Lyon, who were also sued as part of the case and were absent from yesterday's hearing.
While Alberti was celebrating her win, hoping it would embolden other women to take on prejudice in the AFL, Newman was defiant.
''If you read the transcript of our show very carefully you'll find I have nothing to apologise for. And if you read the apology [issued by Nine] you'll find that was a very carefully worded document,'' he said.
''Channel Nine can do as they wish but I have no intention of apologising.''
Asked about the payout to Alberti, Newman said: ''I think you'll find that's just a means to an end. In the best interest of people who haven't got time to waste on all this, they thought they'd just bring it to a head and finalise it.''
Alberti scoffed at Newman's reaction. ''I am not intimidated by him one bit,'' she said.
Yesterday she told The Age that part of her motivation for settling was to be with her husband, Colin North, who will today have surgery on a lump he discovered in his neck a fortnight ago.
''I could have pushed a bit harder. I know I could. And I could have withstood any number of days in court,'' she said.
''I'm a very strong person when I set my mind to something. But having seen him [North] sick . . I thought, 'This is ridiculous, I've got to put him first'. But I'd never want Sam Newman or Garry Lyon or Channel Nine to think they ever beat me. They didn't.''
Character witnesses ready to give evidence on Alberti's behalf included Western Bulldogs coach Rodney Eade, chief executive Campbell Rose, captain Brad Johnson and president David Smorgon, as well as Victoria University Vice-Chancellor Liz Harman.
Lyon had little to say when contacted by The Age. ''I've left it to them [Nine]. It's really got nothing to do with me. They sorted it out as they deemed fit,'' he said.
The women who wrote the letter about the mannequin incident were branded liars because they had included Collingwood board member Sally Capp as a signatory, despite Lyon saying she did not want to be part of it. Newman said female board members ''served little purpose'', and Lyon singled out Alberti for buying two tables in the The Footy Show audience, in remarks she said implied she was a hypocrite.
Nine removed Newman from the program for several weeks, and made him have counselling over his attitude to women.
Alberti hopes that Nine and The Footy Show have learnt from the case to ''treat women with respect that they deserve … time will tell.''
$220,000 is just short of the maximum defamation payout for ''non-economic'' damages under Australian law. The cap was introduced in 2006 at $250,000 and was indexed to inflation, so now stands at about $290,000.