|
 The Federal Court, which found News Corp's Daily Telegraph
tabloid in Sydney failed to prove its stories were true, will
later determine further damages for economic harm, such as
Rush's loss of movie roles and the effect on his career.
"This was in all the circumstances a recklessly irresponsible
piece of sensationalist journalism of the worst kind, the very
worst kind," Judge Michael Wigney said in a decision read to a
crowded courtroom.
Rush, 67, said the articles were hastily compiled because the
Telegraph wanted an Australian angle on accusations of sexual
assault leveled at U.S. film producer Harvey Weinstein.
Wigney agreed and said the paper failed to properly inquire into
the facts before it published.
Daily Telegraph editor Ben English said News was disappointed
with the decision and would review the judgment.
Outside the court, Rush said he was pleased to acknowledge the
verdict, but added it had been distressing for all involved.
Since the accusations against Weinstein in 2017, scores of
powerful men have been accused of sexual harassment or assault
in a movement dubbed #MeToo.
Under the headline "KING LEER," and in later articles, the Daily
Telegraph said Rush, playing the title role of a 2015 Sydney
Theatre Company production of the Shakespeare play, had been
accused by a co-star of unspecified inappropriate conduct.
Rush, who won the Best Actor Oscar in 1997 for "Shine" and has
since appeared in the "Pirates of the Caribbean" films, said the
stories implied he was a major pervert, or guilty of major
depravity, and his lawyer sought "very substantial" damages.
[to top of second column] |
Wigney found that readers could have drawn those conclusions,
despite the vagueness of the articles, because of the #MeToo climate
in which they were published.
The articles did not name the accuser nor detail the conduct, and
the actor, Eryn Jean Norvill, did not speak to the newspaper for its
story nor want her complaint made public.
Norvill, who played Lear's daughter Cordelia, agreed to testify as
part of the paper's defense, and testified that during the
production Rush touched her on the breast and humiliated her with
sexual innuendo.
On Thursday Justice Wigney questioned her reliability and
credibility.
"In my view, Ms Norvill revealed herself to be a witness who was, at
times, prone to exaggeration and embellishment," he said. He cited
examples of differences between her testimony and that of Rush, who
denied behaving inappropriately, and other actors involved in the
play, who corroborated Rush's view.
"I stand by everything," Norvill said outside court, reading from a
prepared statement.
She and Rush said the case had no winners and had been hurtful.
"It's been extremely distressing for everyone involved," Rush said
at the top of the courthouse steps.
($1=1.3965 Australian dollars)
(Additional reporting by Sonali Paul in Melbourne; Editing by
Clarence Fernandez)
[© 2019 Thomson Reuters. All rights
reserved.] Copyright 2019 Reuters. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.
Thompson Reuters is solely responsible for this content. |
