The former Liberal MP is suing a rural Victorian newspaper over an article published in the lead-up to the 2016 federal election

This article is more than 2 years old

This article is more than 2 years old

Former Liberal frontbencher Sophie Mirabella felt “sick to her stomach” when she read an article wrongly accusing her of pushing an opponent during a photo opportunity while campaigning for the 2016 federal election.

Mirabella is suing weekly newspaper the Benalla Ensign and its editor Libby Price in the Victorian county court over an April 2016 article about an encounter with Indi member Cathy McGowan.

Mirabella, who lost the seat to McGowan in 2013, says the article defamed her by falsely claiming she pushed the incumbent MP out of the way of a photograph for her own political benefit.



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Barrister Georgina Schoff QC said the newspaper admits the article, which had the headline “Awkward encounter”, was wrong.

“One of the strange things about this case is that there is no dispute that the defendants got this wrong,” she told a jury of six people in Wangaratta on Thursday.

Schoff said the Benalla Ensign admits Mirabella did not push McGowan.

“That article was fake news,” the barrister said.

The offending article was published five days after aged care minister Ken Wyatt visited a Benalla facility on 15 April 2016 for the opening of a new wing.

McGowan was also present and requested a photo with Wyatt.

But a Liberal party staffer and Mirabella wanted to avoid “giving her legitimacy” with Liberal voters.

Wyatt subsequently made an excuse about not having enough time, and McGowan asked Mirabella “you don’t mind, do you?”

The Liberal candidate replied: “If you wanted to have promotional material with a Liberal minister, you should have run as a Liberal candidate.”

Five days later, the Benalla Ensign ran its article claiming Mirabella had “publicly pushed” McGowan.

Price did not witness the encounter, instead relying on four sources, Schoff said.

Six months later, after the federal election, the Benalla Ensign acknowledged McGowan was not pushed. But by then Mirabella knew the story would never go away.

“The paper got it wrong and she needs you to tell the whole world that the paper got it wrong,” Schoff said.

Counsel for Price and the newspaper, David Gilbertson QC, said the article was substantially true.

“The article wasn’t ‘fake news’ at all,” he told the jury of five men and one woman. Saying someone had pushed someone out of the way “is a figure of speech”, he said.

Gilbertson also said Wyatt will give evidence Mirabella had put her hands on his chest to prevent him turning and having his photo taken.

“It is substantially true that Ms Mirabella pushed a politician to prevent him from having a photo being taken with Ms McGowan,” he said.

Mirabella appeared emotional as she described her entry into politics and her family background from the witness box on Thursday afternoon.

She is due to continue giving evidence on Friday. Wyatt and McGowan are scheduled to appear next week.