Extradition September hearing Day 3 Morning.
Waiting to join the courtroom.
Lewis, Summers, Fitzgerald, Stella, Joseph
Btw Stella & Joseph sitting along the side of the courtroom. We have a view to that side, lawyers in the middle and the judge. The camera angle cuts out the back wall where the glass enclosure is. And I assume there is more seating on the opposite side, where CraigMurray must be.
No one has confirmed Julian is there but they have started discussing bundles so he must be. Fitzgerald waved to the back earlier. To Julian..?
Next up Professor Paul Rogers, on videolink.
Glimpse of Julian
Rogers is Emeritus Prof of Peace Studies & author of 9 books on war on terror - political scientist specializing in security.
Rogers: JA has strong political views & regarded as a political opponent of the current administration.
Rogers: Afghanistan & Iraq @wikileaks revelations exposed the fiction of success
And in detail that was not otherwise available
Rogers: we know additional 15,000 civilians were killed only because of @wikileaks
From 2011 there is more caution about going to war, & that’s significantly due to WikiLeaks
Rogers: Assange speech showed he criticised the US govt, not the US.
Reference to honours & awards bestowed on Julian - at the root of his thinking are Human rights, transparency & accountability. Not just directed at governments, but corporations & other orgs.
Rogers again: Transparency and accountability would lead to improved human rights. Difficulty is he doesn’t conform to a political ideology (more & more people thinking similarly).
At cross hairs of dispute with senior people in the Trump administration.
Genuine criminal concerns? No, a political trial. Current administration atypical of any western govt. Obama took a decision on Assange & this would be another reason Trump is pursuing him.
Rogers adds J believes transparency & accountability would lead to a better democracy.
Rogers: No question that J is motivated by his political opinions that clash with the American way of life as interpreted by this administration.
Rogers: this case reveals more about politics & the change in politics in the US - Trump believes the press is the enemy - a danger to him & to the US.
Lewis: What is a political opinion? Directing witness to be concise.
Political - relating to govt power & the way it is used in a country. Witness agrees.
But you said it also refers to corporations.
The new definition is much wider says Rogers.
Lewis: is being a journalist simply a person who expresses political opinions?
Rogers: not necessarily.
Lewis: just being owner or publisher doesn’t necessarily mean you hold a political opinion.
Rogers: not necessarily but usually
Rogers: you can choose what news to publish
Lewis: Political opinion is transparency at any cost? Can govt withhold any information?
They are going too fast but Rogers is batting off Lewis superbly.
This is a brilliant clash.
Rogers: he has also received a bundle yesterday of over 300 pages from the Prosecution.
Lewis: referring to a statement by Julian that WW11 & German invasion of Poland was as a result of lies. What is the evidence?
Rogers: it is his political opinion
Lewis: quotes an award as being based on “need” because he has been found to be arbitrarily detained.
Rogers: what’s this got to do with your point? (Me- The point was this is “a very different reason he has support”- so what?)
Rogers: J believes if you have a state heading towards autocracy, it may have the seeds of its own downfall within (leaks). Sorry I can’t type quickly enough to convey how articulate and brilliant Rogers is.
Lewis: do you understand you have a duty to be unbiased & consider all the evidence.
Refers to 5 declarations by Gordon Cromberg - that this is not political but a matter of serious crime.
Lewis : why don’t you mention it.
Rogers: there is no doubt this is motivated by political change in the US.
I was asked to speak from my area of expertise - political scientist, War, instability. I’m not a lawyer.
Lewis: you’ve adopted Chomsky et al Why not contrary opinion?
Rogers: well yes I’d like to discuss that.
Lewis: charges based on evidence & rule of law - an independent grand jury came to this conclusion. Why didn’t you mention this?
Rogers: why are these assertions being made now & not 8 years ago?
Lewis: punishing for a crime or for political opinion - why didn’t you explain the other side of the coin? Have you seen the evidence?
Rogers: yes but I remind you I’m not a lawyer.
Lewis: that’s not true. That evidence is under seal.
Rogers: you were talking about the Cromberg statement.
I’ve seen the indictment.
Lewis: so you don’t know how strong it is.
Rogers : Who does?
Lewis: coughs. How do you draw your conclusion then.
Rogers: repeats earlier answer. He is not to be intimidated.
Lewis: let’s see if you can revise your opinion.
Lewis: quotes Kromberg on impartiality.
Rogers: the person who directs the Dept of Justice is a political appointee
Lewis coughs. Do you say the prosecutors are not following their code?
Rogers: what is the motivation of the people above them is the issue.
Lewis: why didn’t you put this advice from Kromberg in your report.
Lewis: Banging on again about prosecutor being forbidden from being biased.
Rogers: happy to accept the duty of people in that department but that’s not the issue
Lewis: you are saying Kromberg is acting bad faith.
Rogers: no I am not. Has the evidence changed? No, it’s a question of timing.
Lewis refers to a case of soldiers being prosecuted when they had been given an undertaking they would not. Rogers deals with it extremely competently.
Lewis: what does it the indictment accuse JA for?
Does it include the Collateral Murder video?
Rogers: not specifically for that.
Lewis: if this was a political prosecution wouldn’t he be charged for that video?
Me: as far as I know that video could not be included because it wasn’t classified.
Rogers: this isn’t the point.
Lewis asks him now if he understands the only publications he is being charged with are those that contain names.
Me: I am astonished at Rogers response. He has demolished Lewis at every turn. Lewis asks for a break.
I wish I could convey to you how articulate this witness is. His clarity and infallible logic. He is in a different league to Lewis. Probably to most people.
Rogers just won’t be pushed around.
Fearless. Much like Julian actually.
He’d be in his seventies I guess
Lewis questioning Rogers again about motivation of prosecution & evidence.
Rogers says it would be helpful to explain why major changes occurred in the US, in fact between 2007 & 2011.
Lewis: quotes media reports that the grand jury was not wound up & that Wikileaks insiders said there was still a risk.
Rogers: we don’t know the intensity of the grand jury work, whether the investigation was hot, medium or cold,
Rogers: we simply don’t know but there was n9 decision to prosecute.
Lewis: how do you know that?
Rogers: Is it necessary to be in a position to arrest in order to indict?
Sorry left out answer to “how do you know that” - “”well I don’t!” Lewis: but he was already in the Embassy.
Rogers then said “is it necessary etc”
It’s rattling along at speed
Rogers conceded in rephrasing an assertion about Obama - that not prosecuting was not a decision not to, but not to go ahead with it. Slight difference in that it is more passive than active.
Lewis questioning Rogers about 2016 election & now - a major trial of someone considered as a public enemy in the US may be one motive for Trump. Tells Lewis not to put words in his mouth.
Fitzgerald: Clarifies that J meant Nazi lies about Poland being a threat. Rogers agrees that was Julian’s point.
Rogers: J believes wars are started by lies, whether you agree with that is irrelevant but those are his political views.
Rogers: there was a sea change when Trump was elected esp about the nature of the fourth estate.
Fitzgerald quotes a Washington Post article where an administration insider says the Justice Dept department had all but concluded there would be no prosecution.
Rogers: there was disagreement at a senior level within the DOJ & that may also explain the difference under the Obama & Trump administrations.
Rogers: the public mood was encouraged towards prosecution; extra indictments came when Barr replaces Sessions, with longer sentences.
Rogers finished.
Back at 2pm with Mr Tim (sp?) on video from USA.
Btw Rogers is British.
Trevor Timm
Court is back but I have no sound. Others on the videolink also have no sound
Phew, now we can hear but the witness is saying he can’t hear
My sound is cutting in & out
Witness saying he can’t hear a thing.
Judge has left the room while they try to fix the technical problem..
He can hear
Waiting for judge now...
Summers takes him through his statement:
Co-founder of Freedom of the Press Foundation.
Explain what it exists to do
Protect & defend public interest journalism
You understand how investigative reporting interacts with US law
Am familiar with obtaining/receiving information govt considers classified. Eg Pentagon Papers
Every important story published contains classified info
Timms: without it there can be no mature connection between govt & citizens
Previously prosecution of journalists were considered but not acted on due to implications for press freedom
Giving examples where NYT reporters have been threatened with the Espionage Act (eg under Bush admin) but they’d come up against first amendment
On Criminality & news gathering : nothing out of the ordinary in Assange/Manning - journalists engage in this interaction all the time. Consensus opinion among first amendment lawyers & journalists in US - a clear & present danger to press freedom
First time Esp Act used against someone who is not a govt employee.
Mentions a case that collapsed showing theory that it is criminal is untenable
Timms says many most loved & respected reporters would have been found to have committed a crime (citing a paper)
Summers- Criminal complicity in act of whistleblowing: the drop box
Timms: on having an anonymous drop box is a “malicious anomaly” & soliciting material is criminal.. gives examples of other media doing this. Explicitly say, “leak documents to us”
Summers: others have copied the secure drop platform, including your organisation.
Timms: yes, used in over 80 major outlets worldwide. The Washington post now publish links within a story to their secure drop box.
Timms: they advertise their drop boxes eg NYT on their Twitter page, & online ads asking for leaks.
Timms we explain to media orgs how to do it safely to protect the source
Summers: would I be at risk of prosecution?
Timms: No, it is protected speech under first amendment
The @wikileaks document soliciting was a collaborative doc - others sought material & added information to the “Most Wanted List”.
This activity is firmly entrenched in free speech rights
CIA violated international & domestic law. Senate investigated the CIA but though there was criminality, the classification prevented it from being made public. My view was a whistleblower would come forward
Summers: you invited someone to leak?
Timms: yes, initially Senators.
I wrote in the Guardian asking as dozens of other journos did.
No one suggested this was criminal activity.
Timms: this indictment is unconstitutional. @wikileaks has first amendment rights as does every newspaper in the US.
Lewis: what do rules say about expert witness?
Going thru the usual, objective, unbiased, truthful..
Lewis asking about his org contributing to Assange legal costs - $100,000.
Lewis asks if there’s an agreement to be reimbursed.
Timms : No
Lewis asks if Timms hi self feels under threat by this prosecution
No my fear is on behalf of the journalists who do investigative work . Consequences could affect thousands of journalists & potentially readers as well
I often ask potential whistleblowers to leak to other journos.
Lewis: you are meant to be impartial but you have an interest
I support press freedom
Lewis : you say this will be the thin edge of the wedge
You understand the prosecution is saying Assange is not a journalist.
Timms: it’s irrelevant. In the US he is considered to be engaging as a journalist & publisher
We are on to Kromberg again. Timms says he got the 350 page bundle yesterday as well, he cant have read it. Lewis blames Defence but Timms says the Prosecution only just sent it to the Defence. The point Lewis is making is all the witnesses should have read & included the
Kromberg assertions.
Timms saying there should have been more lead time.
Lewis: why did you exclude the information.
Timms: replies much as the previous witness regarding what his expertise is.
Lewis : why do you take the view it is the thin end of the wedge? The govt is
Publicly saying they are not going after journalists & only for the docs Assange published that name people. Judge asks him what is the question.
Timms: I base my opinions not by reading a govt press release but buy reading the indictment. Possession is a crime, communicating
with a source is a crime, criminalising common journalistic practices a grave concern
Lewis: you’ve forgotten the hacking charge
Lewis now jumping around, hasn’t asked a question about hacking yet after all
Lewis reading about Unlawfully acquired Information & how it relates to the first amendment.
Summers interrupts.
Lewis: journalists have been prosecuted when they commit a crime in order to obtain info.
Is hacking a password a criminal act?
“To allow an employee to break into a computer”
Timms corrects him - the only motive was to keep her anonymous
Asks Timms whether there is a line.
Yes.
And someone has to draw it.
Yes.
Have you seen the evidence?
Yes have seen the chat logs.
But the evidence is secret.
Well no I haven’t seen That.
Do you accept the grand jury found there was probably cause?
Well yes.
Lewis moves on to redactions . Timms says there is a difference between whether it is responsible journalism & whether it is illegal. My view is it is protected by the first amendment
Lewis reading very damning comments by the NYT & Guardian about publishing unredacted docs.
Timms makes the point that those papers have also done things with which he may disagree. That is a different matter to saying it is criminal behavior. And all those papers have condemned
.. this prosecution.
Lewis: all will be decided by a jury.
Timms: no ultimately a judge will decide whether it is unconstitutional.
Lewis: a jury may prove it has done harm.
Timms: maybe
Lewis: you think it’s perfectly legal to publish names although it could result in deaths
Timms: Manning case showed there was no harm.
In the US we have accepted wide protections for free speech, even for that which some of us find uncomfortable
Lewis tells him Feldstein disagrees with him - he thought it was wrong.
Timms -you are twisting my words, I said it was not illegal & the prosecution would be unconstitutional.
Lewis- how would you know about legal matters?
Timms- I’m a barrister.
Timms: we keep tabs on Trumps insults & threats to the press. He has sued reporters half a dozen times, has had the most hostile relationship with the press since Nixon.
Oh fuck. I’ve gone to black. Am asking to be let back in.
I’m back, sorry.
Oh dear, we are talking about Kromberg.
Timms says Count 7 talks about receiving & obtaining. And other cCounts just refer to communicating with a source
Refers to journos asking Deep Throat asking for more info - is glad that wasn’t criminalised.
Lewis asking why he didn’t include Kromberg in his report.
Timms: My testimony is about journalistic practices
Lewis: you say it is a war on journalism, why not say prosecutors are not allowed to do this. Are you saying they are acting contrary to their obligations & in bad faith
Timms: there was disagreement among lawyers within the DOJ
I’m not saying they acted in bad faith but if t(eye have they should face the consequences.
Lewis arguing with the judge because he wants to go over time. He has had an hour.
Summers: Kromberg says JA is not a journalist.
Timms: I didn’t read the govt press release.
Summers: is soliciting criminal?
Timms: No, & dangerous to criminalise this
Timms: it’s the role of a journalist not to just publish but to gather news. Journalists routinely talk to people who have violated their agreement with their employers. Protected by 1st Amendment. Agree stealing is criminal but none of the Counts allege that.
Summers clarifying Timms view of the “hacking” count.
Timms: the govt is not saying JA’s action furthered Manning’s ability to access documents. It involved staying anonymous but th ego takes is using it as a fig leaf.
Timms explaining the exchange between Manning & JA regarding the hash. Lewis interrupts saying Summers is misleading the witness, quotes Kromberg saying “the purpose was to facilitate the acquisition”
Judge says if Summers phrases his questions this way she won’t be able to give
.. a lot of weight to the answers.
Summers rephrases question as to how Timms categorises the hash issue. Timms: it was about remaining anonymous.
Summers: Is that protected under 1st amendment?
Timms: journalists would argue they have 1st Amnemt protection not to reveal their sources
Summers: on Kromberg ..re publishing names.
Timms : it would be a radical rewrite of the 1st Amendment. He quotes a report in his statement that he draws to the courts attention on this issue.
Timms: the vast majority of the Counts refer to all the cables, not just the ones that name names. The claims the US has made in press releases are not true that it doesn’t apply to all the cables
Timms makes another analogy with the Pentagon Papers.
He is released by the judge.
Me: Timms was a another very strong witness.
Lewis & Summers discussing with the judge the limits on time.
Summers makes the point she has truncated the Defence summary & it would not be fair if
..if prosecution go over time.
More haggling over time. Lewis now realises having your time curtailed (he wants to go over) is not great... should be reconsidered.
Judge: the Defence have maintained, stuck to the half hour. She instructs the two to discuss the amount of time to be taken for cross examinatio & let her know; also the Defence then need time according to what questions their witness has been asked.
Lewis disagrees, interrupts
She says they will agree or she will make a ruling.
Lewis says he can never agree, he can’t tell in advance.
Dummy spit.
Lewis dummy spit.
Judge will decide in the morning.
She wants to start at 10 not 10.30 so asked Defence to see if prison will let him see his client at 9.30.
Goodnight.
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‘For Israeli decision-makers, starvation of the Gaza Strip was in the cards from day one of the war.. 1. About 30,000 people live in the southern Israeli city of Sderot. Imagine that the refrigerators of all Sderot residents are empty. In fact, they don't even have refrigerators. The bakeries are closed. The supermarket shelves offer nothing. Residents are hungry. And then, once every 24 hours, a single truck enters the city gates and distributes food, door to door. And the food on that truck? That's all there is, for the entire city.
About 30,000 people also live in Or Akiva. And in Arad. Each city gets one truck a day.
Will the residents of Sderot still be hungry by the end of the day? And what will happen after a week? And after a month?’ Cont
‘2. According official data from the Coordinator of Government Activities in the Territories, which is responsible for carrying out the government's civilian policy in those areas, an average of 71 trucks entered the Gaza Strip each day over the past month. Seventy-one trucks meant to feed 2.1 million people. One truck for every 30,000. Half of the trucks made it to a distribution center but the other half of them, brought in by the United Nations and various aid organizations, were looted en route.
It's a pitiful amount of food. But one can only wish the Sderot scenario was the reality in Gaza. The situation there is much worse.’ Cont
‘3. In Gaza, the truck does not distribute food door to door. Half of the food it carries is unloaded in large piles in remote military zones. The gates there open for just 15 minutes a day, according to a random schedule. You're reading that right: 15 minutes a day.
People loot the other half of the goods straight from the trucks. In both cases, those who manage to get to the food are almost exclusively young men, those who can carry heavy loads, run fast and are willing to risk their lives.
Over 1,000 have died so far while crowding around to get food, since late May, most of them from Israel Defense Forces gunfire.
What happens to those who can't make it to the trucks or the distribution centers? What about the women, the disabled, the sick, the elderly? What about the unlucky?
They are starving to death.’ Cont
Louise Adler in The Guardian: 🧵
‘One must acknowledge the remarkably effective Jewish community organisations in Australia behind the latest antisemitism report. Collectively, with their News Ltd megaphone, they have successfully badgered the government of the day, cowed the ABC, intimidated vice-chancellors and threatened to defund arts organisations.
With the ability to garner prime ministerial dinners, a battalion of lobbyists has gained access to editors, duchessed willingly seduced journalists keen to enjoy junkets and corralled more than 500 captains of industry to subscribe to full-page ads against antisemitism and thereby blurring political argument with prejudice and bias. It is no surprise that this relentless propaganda effort has paid off…’
On those forever quoted statistics on antisemitism:
‘16 students at Sydney University feeling intimidated by the slogan “from the river to the sea” was reframed as 250 complaints submitted to parliamentary inquiry. A childcare centre that was not in fact a Jewish centre was added to the list of terrifying antisemitic attacks. The individuals police believe were hired by criminals seeking a reduction in their prison sentences who allegedly placed combustible material in a caravan became a “terrorist plot”’’
The figures include all the ‘fake’ antisemitism attacks by paid criminals orchestrated by a crime figure not in any way driven by antisemitism, antiZionism or anti Israel motivation. As for the keffiyeh and the phrase from the River to the Sea, interpreting the symbols and slogans of another group as threatening while promoting your own as needing protection is one eyed and undermines social cohesion.
‘The publication of the special envoy’s plan is the latest flex by the Jewish establishment. The in-house scribes have been busy: no institution, organisation or department is exempt from the latest push to weaponise antisemitism and insist on the exceptionalism of Australian Jewry. One might pause to wonder what First Nations people, who are the victims of racism every day, feel about the priority given to 120,000 well-educated, secure and mostly affluent individuals…
The envoy wants to strengthen legislation apparently. Isn’t that the role of the government of the day? Who is to be the arbiter? Who is to be the judge, for example, of universities and their report cards? Who will adjudicate “accountability” in the media? Who will recommend defunding which artist? Should this government endorse this proposal, it will clearly be the envoy.
Fortunately, a suite of laws protecting us from racism, discrimination, hate speech and incitement to violence are already deeply embedded in our civil society. No university is oblivious to these laws, no public broadcaster, no arts organisation.
Educating future generations about the Holocaust has long been a priority. I hope the envoy is aware of the work done engaging thousands of school students at such institutions as the Melbourne Holocaust Museum where my own mother was the education officer for over a decade. If the envoy is concerned that school students aren’t sufficiently well versed in the horrors of the Holocaust, she might take heart from such evidence as the sales of Anne Frank’s diary continue unabated, in the past five years more than 55,000 copies were sold in Australia.
The envoy helpfully proposes to nominate “trusted voices” to refute antisemitic claims – yet again seeking to prescribe who speaks and which views are deemed acceptable. One hopes that media organisations are resolute against the plan’s determination to monitor, oversee and “ensure fair reporting to avoid perpetually incorrect or distorted narratives or representations of Jews”. It seems that the envoy wants to determine what is legitimate reportage. Freedom of the press is of less importance. Independent journalism that is factual and speaks the truth is lightly abandoned.

What is Australia’s proposed antisemitism plan – and why are some parts causing concern?
Read more
Universities appear to be on notice: adopt the IHRA definition, act on it or be warned that in March 2026 a judicial inquiry will be established as the envoy demands.
Cultural organisations be warned – your funding could be at risk too. There isn’t a cultural organisation in the country that doesn’t have well-argued codes of conduct for staff, artists and audiences – in place well before the 7 October attack to combat homophobia, racism and hate speech. Now it is proposed that a Jewish Cultural and Arts Council is to advise the arts minister. To privilege one ethnic community over others is deeply offensive and dangerous.’
And there I’ll stop because Segal’s shopping list is deeply offensive and dangerous.
Breaking
ABC changes its position and defence, now acknowledging @antoinette_news IS Lebanese . A recognition the race exists 🤦🏻♀️
Today’s hearing began with the ABC apologising for filing an unredacted affidavit revealing the name of a complainant.
Two own goals for @ABCaustralia
With respect to the very wise move to change their position on race in this case, I think it can be assumed Chair Kim Williams would have come down on management like a ton of bricks. He has been outspoken on change required at the broadcaster, and this catastrophic case is public confirmation of the rectitude of that position.
@ABCaustralia Currently Ahern being cross examined by ABC - he is held responsible for hiring Lattouf. Next today will be then Chair Buttrose followed by Green, her direct supervisor whose evidence will be an integral piece in the puzzle of what Lattouf was told, as she did the telling.
In light of the ongoing court case brought by @antoinette_news against the @ABCaustralia for unfair dismissal, it’s worth recalling her proposal to the ABC in order to settle the matter which I’ll post in a thread below.
Instead, the ABC decided to defend their decision, exposed in excruciating detail and at enormous expense to the taxpayer - we are funding the 14 month battle (so far) and the massive US law firm Seyfarth the ABC has engaged to fight it. It will be costing a fortune.
Here is what she had asked for to settle it months ago:
🧵
Fascinating day in court as @antoinette_news lawyer outlines content of emails between senior members of the ABC prior to her HRW post, the pressure they came under from the lobby group Lawyers for Israel from the moment she was on air, because of her known political opinions, their conclusion the position was untenable but that they could not sack her abuse she had done nothing wrong and for fear of the phenomenal ‘blowback’.
The manner in which she was sacked - called to a brief meeting and told to collect her things and leave the building did not follow the proscribed procedure under the enterprise agreement according to her lawyer.
Her sacking followed her repost of a HRW report stating Israel was using starvation as a weapon of war.
Court adjourned briefly..
If you wish to follow, livestream here
Lattouf’s lawyer lists numerous additional complaints from the lobby group to the Chair and MD on the day she was sacked, and The Australian, which evidently knew of the complaints, called the ABC.
He says emails show ABC senior figures were sympathetic to the Israel lobby’s position.
A slide of AL’s post simply saying ‘HRW reporting starvation as a tool of war’ is shown - apparent this could not be construed as anything but a statement of fact, and in addition, with ABC news stories appeared on the HRW report prior to and after AL’s post.
Her lawyer refers to an unwritten expectation that ABC employees will not do at any time anything that may convey the view they are not impartial.
He says ABC claims it imposed on AL a bespoke rule (not to post about Gaza) and then sacked her for breaching that standard.
If Senior Exec Oliver Taylor asserts the post expresses an opinion, then the dismissal is because of her political opinions - ‘opinionated’ and ‘partial’ mean the same thing, so they hold the post revealed impartiality.
If Senior Management were agnostic on the Gaza issue, then they succumbed to a campaign.
Either ABC capitulated to a lobby or she breached a standard specific to her.
He says the ABC submission is long and an elaborate navigation for the ABC narrative, characteristic of a lawyers drafting, when there is ample material in the contemporaneous emails, in order to reinterpret clear statements in emails; the affidavits don’t deal with critical issues - who gave the direction and when? Her supervisor Green stated in their meeting that she did not give Lattouf a ‘directive’ not to post, she ‘advised’ her to avoid it. The complex affidavits don’t describe why the post was ‘partial’ - the post doesn’t appear in Taylor’s affidavit at all ie the very thing that was ostensibly the reason for the sacking.
Apropos communications, the ABC are prohibited from using Signal as they are subject to the Archives Act and can’t delete.
ABC Witness statements are he says replete with terms like ‘trust and confidence’, ‘impartiality’ etc
Oliver Taylor believes she was given a direction ‘bespoke to her’ not to post about Gaza, and her post ‘may’ have breached that direction.
He says the ABC justify not following their protocols for dismissal because a presenter can be removed even if she hasn’t done anything wrong (rostering change etc).
Lattouf asserts if she was not of the Lebanese race she would not have been removed in that way.
The ABC will assert says there is no evidence there is such a thing as a Lebanese race. The ABC lawyer rose - he objects to this being run as a discrimination case because it departs from the pleadings.
SAl’s lawyer says the issue is whether she was dismissed because of the HRW post, or because of objections to her political opinion by the lobby group and the Chair of the ABC.
Also, AL’s lawyer says that there could be no rational basis for Taylor to believe her post was a sackable offence. That the evidence she was given a directive particular to her was implausible given Green told management she didn’t issue a directive. Nevertheless, Taylor concluded a directive was given. And he thought there ‘may’ have been a breach of ABC social media policy.
1 of 2 for this morning session