Benalla Ensign says article defaming former Liberal MP was ‘at the lower end of seriousness’

This article is more than 2 years old

This article is more than 2 years old

The former federal Liberal politician Sophie Mirabella could get up to $390,000 for the emotional toll of a defamatory newspaper article.

After a six-person county court jury found in favour of the former MP, lawyers on Thursday started to discuss the level of financial damages that should be paid by the weekly newspaper the Benalla Ensign and its editor, Libby Price.

The maximum amount that may be awarded for non-economic loss linked to Victorian defamation is $389,500, the court was told.

During the five-day trial at Wangaratta, Mirabella gave evidence that the April 2016 article had had a devastating personal impact. It was published before a federal election when she had hoped to win back the seat of Indi from the incumbent, Cathy McGowan.

The article, titled Awkward Encounter, said Mirabella had pushed McGowan out of the way during a photo opportunity. Months later the newspaper admitted the push did not occur and apologised, but by then the election had passed and Mirabella said the damage to her character had been done.

Sophie Mirabella case: Ken Wyatt says former MP approached him to get 'evidence right' Read more

“We accept … that Mrs Mirabella has suffered hurt feelings and we accept that this is a serious defamation, but we say it’s at the lower end of seriousness,” David Gilbertson QC, acting for the newspaper and Price, told the court. “In our submission, physically pushed is a minor assault.

“The article doesn’t suggest Ms McGowan suffered any injuries, and nor does the imputation. There’s no suggestion of violence. It is an allegation of physically pushing another woman, but in our submission, it’s not violence against women.”

But Mirabella’s barrister, Georgina Schoff QC, argued that significant damages were appropriate owing to the hurt caused by the article.

Judge Michael Macnamara adjourned the case on Thursday, with a damages judgment due to be handed down at a future date.