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Sep 22, 2020 52 tweets 18 min read Read on X
DAY 11 of #JulianAssange's extradition starting soon. Our live tweets are on this thread.

Join us live at 5pm BST for Joe Lauria's daily courtroom report.

We're in the virtual courtroom, awaiting Judge Baraitser. Camera swings to #JulianAssange, wearing a mask.

Judge arrives
Todays witness is Professor Michael Kopelman. He is in the courtroom, on the stand. He is is Emeritus Professor of Neuropsychiatry at the Institute of Psychiatry, Psychology and Neuroscience (IoPPN), King's College London.
Defense to Michael Kopelman: You found Mr #Assange to have symptoms of depression and that was there was a high risk of suicide?

MK: Yes, and this condition would be exacerbated in a US prison & with an imminent risk of extradition. He's accutely aware of what he faces
MK My report on Mr #Assange covers most of his life, what he was like when he was younger.

MK In Dec 2019 JA's depression was severe. It lessened by Feb and became acute again with lockdown.
MK I asked Dr Humphries to do a full psychological assessment. He is being treated for depression but is reluctant to talk about this with prison authorities. He has sleep and appetite disorder.
Various doctors have examined #Assange and expressed concern. Post traumatic stress disorder has been noted. The court will hear from another doctor tomorrow on those specifics.
Will an extradition order possibly trigger a suicide attempt. Given his condition, it's probable. This happens in any case in solitary. Prof Baron-Cohen found suicidal ideation 9 times more likely with segregated prisoners. #Assange constantly ruminates on his possible fate.
MK I've culled a list of known risk factors in Mr #Assange's case. One can't make a precise prediction but there are a number of risk indicators in his behaviour.

He will in any case suffer severe psychological harm if extradited.
James Lewis X-exam of Prof Michael Kopelman

Lewis wants to talk about ICD-10. ICD-10 is the 10th revision of the International Statistical Classification of Diseases and Related Health Problems (ICD), a medical classification list by the World Health Organization (WHO).
MK informs Lewis ICD is politicised but Lewis just wants to discuss level of severity mentioned in the WHO guide-lines.
Lewis: So people recover from episodes of depression?

MK There may be relative or complete recovery. Reading from WHO guidelines re levels... The diagnosis need to be decided by an expert & not done cookbook fashion.

Lewis asks him to close the book (not read it). MK refuses
Lewis reading from ICD definitions of mild, moderate & severe depression. He challenges Kopelman's diagnosis which is the most severe form, where sufferers are "unable to function". Kopelman stands by his diagnosis.

JL You are a neuropsychiatrist?
MK Yes, but not only that.
JL Neuropsychiatry deals with brain injury? You did an MRI scan. Was it normal.

MK Yes, for his age.

JL You give a lot of evidence about the mental health of inmates?
MK Yes, for 30 years

JL You're more an advocate than a psychiatrist
MK An unparliamentary word wld answer that
JL Are you familiar with inmates who may exaggerate their condition?
MK Every time. MK asserts his expertise.

JL Speaks of external motivations - such as a pending extradition - to exaggeration of symptoms.

Defence: Mr #Assange is not accused of malingering.
Lewis: reading a case about 'Pinocchio' tendencies. Prof Kopelman asks if Lewis doesn't have the expertise to diagnose Mr #Assange's condition.

JL" Clinical skills alone are not sufficient to recognise malingering"

MK Behavioural inconsistencies often give it away
Lewis is almost suggesting #Assange has fooled the psychiatrist.

MK No one has challenged the reality of Mr #Assange's symptoms.
Lewis: Malingering & exaggeration of mental health symptom are more often found in prisons.

MK Agrees, & that other settings than prisons are better for diagnoses. Also that "close observation by a clinical team" is required.

Lewis suggesting JA can't be observed closely enough
Lewis discussing #Assange's account to MK of a recent incident in the prison, & the report he made. Lewis is asking if he independently verified the account. The authorities & clinical team, Lewis asserts, did not mention this incident.

MK He reported it to the psychologist too
MK The psychologist did not make any note that she doubted Mr #Assange's account & she has discussed the mater with prison authorities.

Lewis: Did you inform the prison authorities?
MK: I don't think it's my place to do that.
Short break. Lewis is suggesting that #Assange may have been lying when giving his account of an alarming incident to the neuropsychiatrist & psychologist, because it's not in prison record. He established previously with Prof Michael Kopelman that Julian is not delusional.
Lewis evokes another account from #Assange of an incident. It too is not in the prison report. These accounts and others you cite are self-reported by Mr #Assange. Reads from the record the day #Assange admitted to Belmarsh. The practitioner was unable to ask about self-harm...
MK He may have been unresponsive.
Lewis The record says he refused. Why did you leave that out?
MK This is not a comprehensive record. I'm not sure why I left it out
Lewis He was placed on ACTT. What's that?
MK It relates to suicide risk.
Lewis: Record says #Assange wanted to speak w/ his lawyers abt seeing a psychiatrist. Why didn't you put that in your report? You didn't mention JA was reading British Medical Journal? Didn't that ring alarm?

#Assange wants to know abt his medical condition. Always asks lawyers.
Lewis pointing discrepancies between Nicolas Taylor's reports and MK's. They seem to be minor since most of the salient details are mentioned.

Lewis asking why others don't report suicide ideation but that #Assange busy w/ his case & other demands
MK He talks more to me
MK My considered opinion follows the guidelines of the court.

Lewis You advised the prison give him milk and oranges. He likes those. Does that sound like someone who can't function.

MK We were worried about weight loss!
Lewis On May 15 Assange denied having any thoughts of self harm. Notes a day's activities.
MK I wasn't seeing him then.

MK #Assange was very reluctant to talk to most people about his psychological condition because he was frightened of being placed in solitary.
Lewis: Assange played pool. Depressed?
MK: He played pool once, but it is reported as twice. That was before he was taken to the medical wing.

Lewis wants Kopelman to change his diagnosis. Lewis says he has been quoting "independent" reports that contradict #Assange self-reports
MK makes clear to Lewis that #Assange's health and mental condition deteriorated when he was placed in isolation.
MK's reports deal with the period from May 30 to December 2019.
MK spoke w/ a long-term friend of #Assange, Suelette Dreyfus. Lewis challenges MK's report that she spoke about the first time #Assange became depressed (at a time she didn't yet know him).

MK says she spoke of other times & her reports were consistent w/ his own observations.
Lewis But the only medical documentation of #Assange's medical history are from one doctor in 95. It mentions mild depression.

MK Yes it does. There should be another medical report from 1991 but we don't have it. I have no reason to doubt that what Dreyfus & family add is true.
Lewis accuses Kopelman of mis-quoting Suelette Dreyfus re Assange self-harm risk if extradited. Quibbling over wording.

MK She was convinced

Lewis: re MK's telephone conversation w/ Dreyfus after visiting #Assange...
MK: She didn't get to visit him
Lewis picks again at wording
Lewis still challenging Prof Michael Kopelman's reports compared to those of others.

MK reminds the prosecutor that some details of #Assange's medical condition are embarrassing.
Moving on to Kopelman's "reliance" on @NilsMelzer's reports.
MK reminds that Mr Melzer took 2 doctors to examine #Assange.

Lewis reads remarks by Melzer, but MK says he did not include these, thinking they were "a bit extreme" and "political rather than psychiatric".
Lewis reads another passage from @NilsMelzer.
MK I haven't quoted those sections because I considered them "political rather than medical". I used medical information only
Lewis suggests certain statements by Melzer are "nonsense" but MK refuses to comment on what is not relevant
Is #Assange able to function? Lewis says the court reports he was able to follow the proceedings and give instruction.

MK I saw #Assange between May & December last year. Other doctors at the time concurred w/ my opinion

Lewis So he's better now? MK can not answer that question
MK I can't analyse his psychological state from a court report that he adequately answered the question abt whether he consented to extradition

Lewis Let's go back to that symptom of not being able to function. There are interjections from JA indicating he followed proceedings
MK That indicates #Assange is aware of what's going on but it is not a measure of an intact mental state. It would not indicate memory loss. I was talking about severe depression up to December last year. His interjections do not indicate he is operating optimally.
MK mentions test for malingering that have been performed on #Assange.
Lewis: Is that the Minnesota test?
MK No it was the TTOMs test.
Lewis: That's not a test for malingering
MK Excuse me. I am the expert in neuropsychiatry & that is a Test of Malingering. It's an acronym.
James Lewis makes reference to MK's sources in his report.
He criticises MK for not addressing the Kromberg declarations of Mark Feld report.

MK says he only just received them but had managed to read. This are differences of opinion that need to be debated & judged by the court
Lewis cites a number of #Assange's of activities over the years and asks if they are typical of a man w/ depression.

MK Assange engaged in these activities when he was not depressed.

Lewis Reading Kromberg's suicide protocols. MK cites Maureen Baird's counter views to Kromberg
Lewis If medical care in US is sufficient, you would have no concerns.

MK cites numerous reports that it is not.

Lewis asking if #Assange got only 5 years, wasn't segregated, would MK change his opinion.

MK I would have to look at the new situation. This is very hypothetical
Lewis: When asked about suicidal impulse, you said it comes from mental disorder.

MK "Driven by"

Lewis: Wouldn't it follow that since he has got better, there is less impulse?

MK: I said the suicidal impulse still there. It's not a 1 on 1 degree w/ severity of depression.
Psychiatrist Michael Kopelman: I think if extradited, #JulianAssange would find a way to end his life.
Re-Exam of Prof Michael Kopelman.

MK Professor Mullen and I were in agreement regarding Mr #Assange's condition.

MK Regarding the necessity for close clinical observation, there is not much of it done in prisons.
Defence: Re discrepancies suggested by the prosecution between your report about alarming incident and the prison, there is no dispute over the material evidence?

MK No. There are other alarming incidents, including recently. We are concerned.
Defence: You were accused of cherry-picking suitable reports to highlight depression, but you have reported many instances where #Assange is holding up. You repeat exactly what Dr Daly says.

MK Yes. Lewis kept asking about periods I wasn't there. I saw #Assange in isolated cell
Defence: From 13th July, you report on depression, confusion, despair. That Assange requested the Samaritan phone number (suicide line) on an almost daily basis.

MK: From that period to December, my report to the court is very detailed.
Prof Michael Kopelman @SueletteD implied that #JulianAssange's depression dated much further back than I was aware of. The family's accounts concurred with Professor Mullen's from 1995.
Defence: Is the fact of rational thinking at some point inconsistent w/ depression?
MK No

We are wondering how #JulianAssange feels, hearing his suicide discussed for many hours.

MK mentions Epstein & @xychelsea

Defence Can suicide protocols prevent suicide?
MK No says Baird
Prof Michael Kopelman: I was a co-author of the 2004 Indefinite Detention report which went to the House of Lords. The conclusion was it should not happen.

End of re-examination
House-keeping. There are 14 witnesses for next week
Tomorrow's are Dr Quinton Deeley & Professor Paul Mullen. Dr Sondra Crosby was envisaged but can't make it tomorrow.

Baraitser hears a discussion about disclosure.
Agreement on non-disclosure of #Assange's medical record

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Mar 2
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Last day of witness testimony for Lattouf v. ABC will begin in about 30 minutes. Live updates will be on this thread and the proceedings will be live-streamed from the Federal Court of Australia on this link: Image
Yesterday ended with the former ABC Chair Ita Buttrose claiming she had nothing to do with @antoinette_news' sacking, despite evidence of a number of emails she sent to subordinates that appeared to apply pressure for this outcome.

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Announcement of document that has arrived.
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Judge: Isn't that favourable for you

LL: Potentially but what is relevant is what preceded her characterisation of what she said.

Judge: I will provisionally let that evidence be led & we can deal with the matter in closing submissions.

Green takes the stand. Confirms her name & position as producer of Sydney 'Drive' show.

LL refers Green to her affidavit.

EG: It's details of a Teams meeting + screenshot I took.

Barrister Philip Boncardo for Lattouf: Did you see complaints about AL?

EG: Yes

PB: Were you told they were from lobby groups?
EG: No, not that I recall.

PB: Re conversations with Ahern. he asked you to look at AL's post. Did you know they about Israel-Palestine?

EG: Yes

PB asks about specifics of what EG said to Lattouf about social media posting & about communication to Ms McBean, legal council.

EG: I said she should be mindful, avoid posting anything about Israel-Palestine.

PB: AL had asked if she had done anything wrong
EG: I told her she was doing a good job, but keep a low profile on social media.

PB: Did you tell Lattouf she should not post anything that might appear unbalanced or not impartial.

EG: Yes

PB: Nothing about Israel-Palestine?

EG: yes I believe so

PB: You said it was OK to post anything factual and from a verified organisation?

EG: Yes

PB: Nothing controversial?

EG: Yes

PB: You got an email from AL outlining what was OK to post & you forwarded this to Ahern. And you both OKd this?

EG: Yes

PB: You gave Lattouf good feedback on her show?

EG: Yes

PB: You were copied in on an email sent by Ahern detailing why AL was on the show.

EG: Yes

PB: When you learned of an intention to dismiss AL you raised an objection that there was nothing wrong with her post?

EG: yes

PB: You were at the dismissal meeting with Ahern & Lattouf where it was explained she had breached the social media policy. Did AL say she had discussed what was OK with you?

EG: Yes

PB: Al was crying & you spent time with here. You said you were sorry & had tried to stop this, but it was coming from higher up?

EG: yes

PB: AL asked if it was about the @hrw post & you said it was about it not being balanced.

EG: Yes

PB: And she said: "How can you balance starvation (as a 'weapon of war')?

EG: I don't recall that.

PB: You said you would love AL to work at the ABC again.

EG: Yes

PB: You made notes, saying you had heard the decision came from Mr Anderson. Heard from whom?

EG: Mr Ahern

PB: You note a conference call with Ben Latimer

EG: Yes.
Read 9 tweets
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Court in session. Calling Christopher Nicolas Oliver-Taylor (O-T), Chief Content Officer (COT) for ABC.

Changes since affidavit - resigned from ABC.

Screenshot shown from Teams meeting

Oshie Fagir: You took a religious oath

O-T: Yes, I'm Catholic
OF: Do you know what a managed exit is?
O-T: No
OF: Do you use Signal & did you communicate about Ms Lattouf over Signal
O-T: Yes & yes, with Mr Latimer

OF reads O-T's job description - ensures compliance for editorial policies (EdPols) - - formerly over 1K people

OF - Do you understand EdPols govern on air content, and then there are Guidelines for personal use of social media & ABC distinguishes the two?

O-T Yes, but it depends on the circumstances?

OF- So personal social media activity is not ABC content & not subject to EdPols. Agree?

O-T Yes, but impartiality can come into play

OF: You were also bound by EdPols?

O-T: Yes

OF draws O-T's attention to the subject of misconduct = where employee disobeys a reasonable and lawful direction.

OF You understand the difference between direction, request and suggestion?

O-T: Yes

OF: The way Ms Lattouf (AL) was dealt with was highly abnormal. Agree?

O-T: No

OF: Ms Green was AL's line manager. Wasn't it unusual for you & ABC's MD to be involved in scrutinising the conduct of a 5-day casual employee? You disagreed.

O-T: Nods

OF: Social media misconduct should have nothing to do with EdPols or the COT, but be managed by line manager.

O-T: Not unless the MD refers it to COT. It was managed by line manager but others involved to.

OF: When did you consult with people in Culture?
O-T: I did not

OF: You understood that Lattouf was not a high profile personality?
O-T: Yes

OF: You were aware of her race & national extraction?
O-T: No

OF: You see this email you wrote, where you say she is a Lebanese Christian?

O-T: I copy/pasted this content from Mr Ahern...

OF: Of course you knew. Were you confused by this? You understand that there is a race called Lebanese Christian?

ABC lawyer: Objection

Judge asks O-T to leave the room

OF reminds judge that Fair Work Act permits use of race as a national or ethnic category

OF to O-T: You understand Lattouf was Lebanese?
O-T: I wasn't really aware of all the content of my email send to MD Anderson.

OF: You just copy/paste content to email and send?
O-T: In some cases. The criteria. for Lattouf's selection were put together by someone else.

OF: You understood Lattouf's position on the Israel-Gaza war before she was hired?

O-T: More as the week continued. I don't know if I understood her position but I knew there were published comments relating to question of partiality as a host of a live radio show.

OF: You understood when you caused her to be removed from the air that Lattouf held a view that media orgs should report ethically on Israel-Palestine?

O-T: I didn't know she held that view

OF refers to O-T sent to Ahern & Latimer, questioning her suitability for the job because of her position on Israel-Palestine & because she signed a petition.

OF: You knew her political stance when you fired her, that she was critical of the State of Israel?

O-T: No

OF: You knew she had signed a petition calling for ethical reporting on the war?

O-T: It wasn't about that, She wasn't supposed to post anything during her period of employment

OF: He dismissal was precipitated by a social media post? When did you become aware of that?
O-T: Yes. during a Teams meeting,. It was a slide shared by Mr Latimer

OF: You gave evidence at the Fair Work Commission that you had never seen that post. O-T says his memory is not clear.

OF moves on to the week of Lattouf's dismissal. O-T says he was looking at ways she could be kept on air.

OF refers to correspondence about Lattouf. There is no indication here that you saw her posts relating to diversity of voices and Israel's use of starvation as a weapon of war. Correct?

O-T: I can't recall. I believe I was told by Mr Latimer

OF reads from O-T affidavit, questions the use of language defining partiality. Asks if those are lawyer's words or his.

O-T: I don't know how to answer that
OF : You understand there is an obligation for ABC employees to be impartial. On what issues?
O-T: That's a broad question but if you're a live radio host you should be impartial, there are some topics where it becomes difficult to hold personal view.

OF: The obligation applies at all times or only at work
O-T: It depends on the circumstances

OF: And if you are radio host, it applies to all subject matter? Did you understand that when Lattouf was employed by ABC she should be impartial on all subject matter at all times?

O-T: No? (O-T speaking very quietly)

OF: Lattouf was hosting the 'Mornings' show and it was a (politically) light show. That her work was not related to the Israel-Gaza war?

O-T: Yes, but there were news breaks & that was the hottest news story at the time.

OF: You wrote "her work is not related to the Israel-Gaza war. You knew the content of 'Mornings' was significantly watered down coming up to Christmas.

OF: You knew Lattouf did not present the news. That was a completely different person & different department. Correct?

O-T: Yes

OF: Was Lattouf sacked for breaching a direction?
O-T: Yes, and was not impartial - and this could have affected perception of her impartiality on air.

OF: Who gave the direction not to pst on social media

O-T: I believe it was Mr Ahern
OF: Because she was known to have certain opinions about the Israel-Gaza War?

O-T: I was told that
OF: What was her view?
O-T: I'm not sure
OF: You took a decision without knowing anything about her views?
O-T: I'm not an expert on the issues. I was told there was a problem related to impartiality.
OF: You knew complaints were made by a pro-Israel lobby?
O-T: I knew there had been a number of complaints. I don't believe I knew it was a lobby. It was by people who held a different view to Ms Lattouf. That was clear.

OF: You understood that the complaints were about her position on the Israel-Gaza war.

O-T: Yes
OF: You have been instructed not to acknowledge Ms Lattouf's position & just use the catch-phrase "impartiality", right?

O-T: I don't agree with that statement.

OF On Dec 18, did you know who Lattouf was?
O-T: I don't think so
OF: Did Anderson know her?
O-T: I don't know sir
OF: You knew complaints were about her position on the war?
O-T: Yes, Mr Anderson told me
OF: And you told Mr Ahern to seek advice Latimer & Saska?
O-T: Yes they were the experts on subject matter

OF: On what basis has the ABC authority to forbid Lattouf from expressing her views?

O-T: Our concern about impartiality
OF You note Latimer's advice that the ABC could not expect a casual presenter's view to be consistent with ABC policy at all times? You agree with that?

O-T: Yes
OF: And you note Melkman's comments about her Crikey article, that it was clearly journalistic work?

OF: Yes
O-T: You agreed with Melkman's view (as acting editorial director)?
O-T: Yes

OF You then get an email from Ahern & see mention of Lattouf's views on the Israel-Gaza war. Did you read it?

O-T: Briefly
OF: You had a lot of emails about this. Was it a priority issue?
O-T: Yes but it wasn't about something I knew much about.

OF: Your affidavit speaks of what was in your mind the week of the dismissal.
O-T: There were lots of things going on. I was running 9 radio stations & 4 RV channels
OF: But there's a lot about this matter in you affidavit.
O-T: I remember different things at different times.

OF: You have no reason to doubt what was in Ahern's email? Your view when you wrote to the MD was that Lattouf had expressed views that would be problematic?

O-T: During her period of employment
OF You understood there would be no coverage of Israel-Gaza that week?

O-T: Yes
OF: Did you think AL's signing a petition was relevant?
O-T: No but others were concerned
OF: You recall a series of texts the MD sent you that evening of Dec 18?
O-T: Yes

OF, referring to the one saying MD thought "we have an Antoinette problem. Her socials are full of anti-semitic hatred" and doubting ABC could have someone like that on air. Did you think he was right?

O-T: I did know much about the issue. I was concerned that she was on live radio.

OF: You had no idea what she was posting?

O-T: I agreed with Anderson that we had a problem because she was live.

OF: You were sent a screenshot about Crikey reporting by Lattouf & Cameron Wilson. What's problematic about her contributing to a Crikey article?

O-T: My concern was that she was live.
OF: ABC journalists publish articles every day where they express their opinions. Should this disqualify them from working at the ABC.

O-T: I'm not a journalist. When an MD uses words like "ant-semitic hatred" I become concerned.

OF: Didn't you say you didn't know anything about Lattouf's views, but were aware on the evening of Dec 18 that she was critical of the State of Israel?

O-T: MD told me that and supplied a screenshot.

Judge asks O-T to leave court. Discussion about line of questioning. OF says O-T was a decision-maker. The allegation was that Lattouf was sacked because of her political views. He wants to educe evidence that O-T was ate of those views. Judge suggests he take question in two steps. O-T returns.
Read 11 tweets

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