The broadcaster Alan Jones was repeatedly “wilfully blind to the truth” when he made “vicious and spiteful” comments about the Toowoomba-based Wagner family, a court has ruled.

Jones and two radio stations have been ordered by the Brisbane supreme court to pay more than $3.4m in damages for defaming John, Denis, Neill and Joe Wagner, plus interest, estimated to be about $300,000.

In a blistering judgment, which contains repeated criticisms of Jones’s practices and actions, Justice Peter Flanagan found Jones engaged in “unjustifiable conduct” and “was motivated by a desire to injure” the reputations of the Wagner brothers.

Allegations made by Jones, and found to be defamatory, included that the Wagners were responsible for the deaths of 12 people during, including two children, during the Grantham floods of 2011.

Joe, John, Dennis and Neill Wagner speak to the media outside the supreme court in Brisbane after the verdict. Photograph: Darren England/AAP

“Mr Jones agreed that some of the criticism he levelled against the plaintiffs was very savage, particularly in relation to Grantham,” Justice Flanagan said. “The tone of the matters and their content are self-evidently vicious and spiteful.

“In light of Mr Jones’ wilful blindness to the truth or falsity of the imputations conveyed, his conduct in using such language was unjustifiable.”

Flanagan said during the hearing he had “not encountered before” a defamation case where defendants had repeated defamatory statements but did not seek to prove their truth through expert evidence.

In his judgment, Flanagan said Jones was “gratuitous” for repeating defamatory statements: “Prior to the publication of the defamatory broadcasts, each plaintiff enjoyed an excellent reputation for honesty and integrity, both in business and community circles,.

“The publication of the defamatory broadcasts was very extensive. The defamatory broadcasts have caused each of the plaintiffs to suffer profound personal hurt and harm to their reputations.”

Outside court, Denis Wagner said Jones and his co-defendants had misled their listeners and others who trusted them to be honest and truthful.

“We decided to take a stand against this abhorrent, vicious, deceitful, spiteful behaviour,” he said.



“Justice Flanagan has delivered a judgment today which has clearly indicated that people, regardless of how much influence they may consider they have, will be held accountable for their words and actions.”

Flanagan found that Jones and 2GB had published 27 broadcasts that contained 76 defamatory imputations. He said they were “extremely serious and of the gravest kind”.

Jones and 2GB were ordered to pay each Wagner brother $750,000, a total of $3m, plus interest. Jones and 4BC were ordered to pay each brother $100,000 plus interest.

They were restrained from repeating the defamatory claims.

A claim against the journalist Nick Cater, who was named as a defendant, was dismissed.