SLAPPed down in the Assembly
ACT Greens MLA Dr Deb Foskey today tabled the Protection of Public Participation Bill 2008 in the ACT Legislative Assembly. In her tabling speech, Dr Foskey was highly critical of the way in which the Gunns 20 SLAPP suit has progressed at glacial speed through the courts.
“More than 3 years after it was commenced, not one word of substantive argument has been heard, and we are up to the 4th statement of claim, after the first 3 were thrown out of court, with costs awarded against Gunns” Dr Foskey said today.
“Justice Bernard Bongiorno described Gunns’ claim as a ‘tortuous’, ‘incomprehensible’ document that would ‘make explorers like Burke and Wills quake in their boots’. He said that it was ‘ambiguous at best and misleading at worst’.”
Given Justice Bongiorno’s comments, it was ironic that the Government chose to use the occasion to assert that the common law rule of sub judice prevented Dr Foskey from not only criticising the fact that the court has seemingly indulged Gunns by accepting so many ambiguous or misleading claims, but also to stop her merely discussing the facts of the case.
“The sub judice rule seeks to restrict the publication of material which has the tendency to interfere with the administration of justice by preventing the fair trial of any proceeding in a court of justice.”
“Thousands of pages of media commentary have been written and published on this case. Many of these articles are far more critical than my comments were. Does anyone seriously consider that my comments will prejudice a fair trial in this case (if one ever takes place)? This was merely a way in which the Government attempted to divert attention from its failure to introduce anti-SLAPP legislation of its own. ”
“In 2006, around 150 prominent Public Interest lawyers and legal experts signed a document supporting the introduction of Bills such as mine. The Bill does not protect violent or illegal activities. The Attorney General today sent me a letter describing my Bill as a 'haven from accountability'. Who’s right? 150 legal experts, or a Minister acting on the advice of his department?”
“My Bill would create a right of public participation which would give some substance to the ACT’s Human Rights Act’s right of expression. I am disappointed that the Government has not acted sooner to ensure that these rights are protected” Dr Foskey said.
