New South Wales politicians Alex Greenwich and Mark Latham faced off in court this week.
Latham’s lawyers told the court that he was “defending himself” when he posted a “crass and vulgar” tweet targeting Greenwich.
They argue the publication of the statement, while potentially causing Greenwich discomfort, would not have damaged his reputation.
In the statement of claim the Sydney MP said the then One Nation MP Latham has painted him as a “not fit and proper person” because he “engages in disgusting sexual activities”.
The claim also covers concerns over statements Latham made in subsequent media interviews which Greenwich says he was portrayed as “a disgusting human being who goes to school to groom children to become homosexuals.”
Latham’s lawyers say his tweet, which OUTinPerth has chosen not to republish, was a response to an interview where Greenwich had referred to his client as a “disgusting human being.”
“He is addressing how he can be called a ‘disgusting human being’ when … he’s saying he finds the conduct of LGBTQ+ people disgusting,” Kieran Smark SC said.
“Mr Latham had no basis to know what sort of sexual conduct Mr Greenwich himself engaged in, or whether he engaged in sexual conduct at all.
“He was putting forward, by way of defence … the disgusting conduct that he could see in all this was the fact that gay men engaged in the conduct described.”
Smark said a reasonable person would have known Latham was only expressing his opinion and argued that they were not defamatory.
Greenwich lawyers provided the court with examples of vitriolic messages Greenwich had received after the publication of Latham’s tweet. The MP said he had considered leaving public life after the incident.
The fallout of the tweet being published was described as whipping up a “frenzy” of abuse directed at Greenwich.
Justice David O’Callaghan will deliver judgment at a later date.
