Statements made in previous parliamentary session are now subject of defamation action

This article is more than 2 years old

This article is more than 2 years old

The Senate has narrowly voted to censure David Leyonhjelm for “derogatory, defamatory and sexist” statements to Greens senator Sarah Hanson-Young.

The comments, which Hanson-Young has condemned, are the subject of defamation proceedings.

On Tuesday afternoon Labor, the Greens and senator Derryn Hinch combined to pass the censure 30 votes to 28, despite objections the motion could prejudice the defamation case against him.

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On Monday the Senate president, Scott Ryan, addressed the exchange that occurred on 28 June, delivering a rebuke of comments targeting personal attributes such as race or sex.

The censure motion on Tuesday accused Leyonhjelm of “humiliating and intimidating a fellow senator” with the remarks, “inflaming the situation” by publishing further “derogatory, defamatory and sexist” comments on social media and in interviews, refusing to apologise and “failing to uphold the dignity” of the Senate.

After an objection from Australian Conservatives senator Cory Bernardi, Ryan ruled the motion would not prejudice the court case and Leyonhjelm was granted seven minutes to state his case.

Leyonhjelm told the Senate his injunction to Hanson-Young to “stop shagging men, then” was a “relevant rebuttal” of an interjection she had made, which he claimed suggested men were rapists.

The Greens leader, Richard Di Natale, responded that Leyonhjelm was claiming “he was provoked” which “entirely misses the point” because there “is never an excuse for a personal vindictive attack levelled at a colleague”.

Liberal senator James McGrath told the Senate that Ryan’s ruling on Monday was sufficient to deal with the matter and a censure was “not appropriate”.

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Bernardi defended Leyonhjelm, accusing Hanson-Young of inconsistency for saying “vile things” to members of the government and then pretending she hadn’t.

He told the Senate it was “inappropriate to delve into a private conflict between two senators”, as most of the dispute was contained in duelling statements to the media about the exchange.

The censure motion passed 30 to 28, with the Coalition, Bernardi, Pauline Hanson and her former One Nation senators Fraser Anning and Brian Burston voting with Leyonhjelm against it.