Our DAY TWO reporting on the Lattouf v. ABC case will be on this thread and starting at 10.15am AEDT, the proceedings can be viewed via this link ⬇️ youtube.com/watch?v=ewJZTJ…
Recent longitudinal study of media bias on Israel-Palestine reporting at ABC Australia, providing context to the unlawful dismissal case of @antoinette_news.
"The Australian Broadcasting Corporation (ABC) is widely regarded as one of the most trusted brands in Australian media. This trust is underpinned by the ABC’s editorial policies. Among these policies, the principles of independence, impartiality, and diversity of perspectives are foundational.
For example, two principles are “Do not unduly favour one perspective over another” and “Ensure that editorial decisions are not improperly influenced by political [interests].”"
Court in session for Day 2 of Lattouf v. ABC. Cross-examination of Applicant @antoinette_news (AL) continues.
ABC lawyer, Ian Neil SC (ABC): Did you post a protest video filmed at Opera House, Sydney, which purported to show protesters chanting "Gas the Jews", which you said was unverified?
AL: Yes.
ABC references another post, but Defence barrister Oshie Fagir objects regarding the timing of this post.
ABC claims relevance & judge allows.
ABC: Did you speak of Australia's support for Israel as a "rogue state having no regard for international law"?
AL Yes
ABC Did you hold these views later?
AL My views were confirmed by subsequent facts.
ABC You said Australia must stop "both-siding" apartheid, both in Dec 2023 & Dec 2024?
AL I held those views more strongly in 2024.
AL My views are supported by various human rights organisations.
ABC Your manager Ms Green advised you about ABC's expectations as to your social media activity?
AL Yes
ABC Twice?
AL No, only once. 2nd conversation was about something else.
ABC asks AL to detail the second exchange.
AL: Green said she supported my reporting, despite having advised I keep a low profile on X. I had previously said that if another journalist was killed in Gaza I must report it. I thanked her for her honesty.
ABC questioning Lattouf about her dismissal meeting and legal steps taken [details missed by CN due to local interruption].
ABC asking about conversation with Lattouf's manager Ms Green concerning complaints sent to ABC about Lattouf. Quibbling about discrepancies in language used in their affidavits.
ABC it was clear to you that Green was speaking on behalf of her employer?
AL: Yes, but it was a "maybe" suggestion to keep a low profile on Twitter rather than an order.
ABC: No reference to Israel-Palestine?
AL: Only in terms of the people making the complaints.
ABC: Whatever was said by Ms Green you pushed back?
AL Yes, I challenged.
ABC: You said it was a bit unfair to suggest I not tweet at all?
AL: Yes
Lattouf lawyer objects to line of question & Lattouf asked to leave the court.
Defence: ABC is making imprecise conclusory statements & asking witness to agree or disagree.
ABC I recognise there is a dispute about precise language but I wish to know how AL interpreted them.
Judge: Allowed
@antoinette_news ABC: You said it was "a bit unfair" to expect no tweeting at all?
AL: Yes. I saw it as an arbitrary use of ABC's social media policy to chose which presenters can communicate facts * who can't, especially after my manager had said I had done nothing wrong.
ABC. Do you understand that there is a difference between ABC editorial guidelines and editorial policy regarding use of social?
Lattouf lawyer: I object. The ABC has no policy regarding personal use social media. To suggest there is, is misleading the witness.
ABC: If there's a problem I'll withdraw the question
ABC: "I formally withdraw the question", but then proceeds word it in a different way. Renewed objection.
ABC: You said it was a bit unfair to suggest you didn't communicate at all on social media?
AL: The reason you said that was because you understood you had been given a direction.
ABC: She said: "You should probably keep a low profile, maybe best not post at all". We clarified what she meant & agreed on parameters.
Lattouf lawyer objects. Any internal interpretations of what Lattouf understood here are totally irrelevant.
ABC: I'll drop the question. When Green suggested you not post at all that was a clear direction from the network, agree?
AL: Disagree
ABC: You didn't give any thought to not posting at all?
AL: I thought there was a sense of urgency to reporting another journalist been killed.
ABC: The agreement was that you stick to reporting from reputable sources?
AL: Yes
ABC: Entirely informational content, no opinion, and from a reputable source.
AL: Yes, 3 sources were mentioned and it is well agreed what a reputable source. Also, what kind of news, such as another journalist being killed. That was happing a lot at the time and it was fresh on my mind as an example.
ABC: Did you assure Green you would be fair & balanced?
AL: I said "no conjecture" or unverified information.
Court temporarily adjourned.
Lattouf cross-examination resumes.
ABC: Another conversation with your manager Ms Green on Dec 19 2023. She harkened back to the talk you had had from the day before about not posting at all on social media or only using reputable sources?
AL: No
ABC: When you posted the @hrw story, you understood you would be associated with that story?
AL: I don't see how it would be associated with me.
ABC: You thought HRW's message that starvation was being used as a weapon of war was a fact?
AL: Yes, the ABC & BBC was also reporting this.
ABC: You could not resist...
AL: That's your way of putting it.
ABC: You thought you were immune to consequences from the ABC, and did you know that the networks also published a denial by Israel? Did you publish the denial?
AL: I did not. I only posted the facts reported by a reputable source.
ABC: Mr Ahern told you had breached editorial policy regarding the ABC's editorial?
AL: Yes, I asked him how, since I was working at the ABC on a Lifestyle program, I received no answer.
ABC: Mr Ahern was angry with you?
AL: No, he just told me I would not be continuing & to leave the building?
ABC: Ms Green was waiting for you at the elevator? Was she there to escort you from the building?
AL: Not, she was crying and I was crying. She has always so honest and fair.
Lattouf breaks down in tears.
ABC: You spoke about the circumstances?
AL: She said how sorry she was. I said it was hard to ignore starvation and how could that be balanced?
ABC lawyer keeps pushing Lattouf about Green talking about balance. She says they only spoke about facts & reputable information.
Lattouf lawyer raises objection. ABC lawyer knows from network's own evidence that some of the information being proposed here is false.
Judge suggests objections be reserved until after Green's testimony is heard.
ABC: You got a lot more followers after the HRW post?
AL Yes, it follows the trajectory of my career.
ABC: You started a new show called 'The Antoinettes'?
AL Yes
ABC: You spoke at a conference and won an award?
AL: Yes, for advancing Hunan rights & press freedom
ABC: You won another award.
AL: Yes
ABC: You spoke at a student conference?
Objection on relevance by Lattouf lawyer.
ABC: She claims she has suffered hurt & distress but this incident has resulted in benefits.
Judge: You want to offset that benefit against the harm done?
ABC: To some extent yes.
@antoinette_news @hrw ABC: At a student conference you were described as a trailblazer? You shared that on your Instagram?
AL: I shared their words
ABC: These accolades were all due to what had happened to you at the ABC?
AL: In part. I continued to report on Gaza despite being targeted.
ABC: refers to a psychiatrist's report by Dr Strauss (who will be called by ABC to give evidence). Asks Lattouf if the report is accurate.
AL: Yes. I haven't scrutinised it too closely because I considered he was the expert, not me.
ABC: "She described herself as the only Arab female reporting in Australia"
AL: I said one of the only
ABC: Asks her to read a paragraph from the psychiatrist's report.
Lattouf crying again.
AL: "I told him I was a social drinker but I had become a heavier drinker, and sometimes I drunk enough to pass out. I told him I relied on sleeping aids."
ABC asking Lattouf to read more from the psychiatrist's report, asking if it was accurate.
AL: The sentiments are correct but the temporal order is wrong. Also, I would never use a word like "conspiracy" against me. I would have spoken of lobbying. There were already hit pieces in The Australian against me.
ABC: Without asking Lattouf to read aloud, lawyer asks for confirmation. One part was about "paranoia".
AL: I thought I was being followed but couldn't prove it. I had become so concerned for my safety.
ABC: You have publicly sought to frame this matter in terms of press freedom.
AL: Yes
ABC: That it was an issue that was much bigger than you. That this was about informing the public about atrocities being committed, as you would have it?
AL: It's not as I would have it. Atrocities ARE being committed.
ABC: You characterised yourself as relentlessly fighting for press freedom; as the poster girl for it.
AL: Are you quoting something? I said I never wanted all this. I just wanted to do my job.
@antoinette_news @hrw ABC proposes to show Lattouf a video but technical hitch prompts court to adjourn for lunch. We will view it after the break.
Lattouf v. ABC resumes. We start with a video from Lattouf within the context of her consultations with a psychiatrist, Dr Strauss, who will be called later this week as a witness for the ABC.
Lattouf: [paraphrased] A man in the park came up to me and said he wanted to thank me for the reporting I was doing. Why do I document my tears, when they pale in comparison to the suffering of those in the midst of this unfolding genocide? I didn't sign up to be a poster girl for justice, when there is so much cover-up in the mainstream, despite the live-streaming of atrocities? When will they do what they are supposed to do, so that random people don't have to come up to me in a park to encourage me, a person with unstable income?
ABC: Is that the video you were referring to in relates to the term "poster girl"?
AL: Yes, that provides the context?
ABC: Did you show this video to {psychiatrist) Dr Strauss?
AL: No, it was a Zoom call, but I may have referenced some of the content.
ABC: Let's look at a transcript. You speak of working so hard work through the feelings you were having in reaction to the content you were dealing with?
ABC: It was you who was putting yourself forward as a poster girl.
AL: No I was trying to clear my name because my agent told me speaking out was making me unemployable.
ABC: You saw the ABC's actions as an abuse of power?
AL: Yes
ABC: You spoke of hate & death threats. Do you link that to speaking up?
AL: Yes, I blocked hundreds of threats but police contacted me in January about a very serious one and said they think they have found the man.
ABC: I'm deaf in one ear. I think that last thing was inappropriate.
Lattouf lawyer: Stop interrupting her and you'll hear.
ABC: You were traumatised in this role as poster girl for justice & press freedom?
AL: I was traumatised by the events I was witnessing and reporting on, as well as the struggle to clear my name.
ABC asking AL to confirm the accuracy of various quotes from the cross-examination bundle.
@antoinette_news @hrw ABC: More about consultation with psychiatrist. Did you tell Dr Strauss about using medications for sleep?
AL: Only for shift work
ABC: About using cannabis?
AL: No
End of cross examination.
Re-examination by Lattouf's barrister Oshie Fagir:
Does being a poster girl for justice and press freedom have its benefits?
AL: No, there's no economic benefit & it makes you unemployable. No other media outlet has approached me since this incident. I was speaking at dozens of events each year & almost all such opportunities have fallen off.
Lattouf lawyer: ABC has opened a line of questioning that implied she had benefitted from being fired by ABC.
AL: In addition to the Lawyers for Israel What's App group aim to have me sack, they mentioned making me unemployable.
AL: ABC head Kim Williams publicly mocked me.
Lattouf lawyer: You referred to a recent police investigation where a man had been found who had threatened to harm you. Can you tell us more?
AL: Yes, that investigation is still in progress.
Lattouf lawyer attempts to talk about online abuse but ABC lawyer objects.
Lattouf lawyer: You spoke about trouble other ABC journalists have had?
AL: When Virginia Trioli attended a rally about gendered violence...
Lattouf lawyer: Can you talk about the difference between ABC's editorial policy and social media guidelines?
AL: The first is about material that ends up in a product. The second is about personal comments.
Lattouf lawyer: What is the relationship?
AL: I don't know. I guess because I've been involved in the creation of products.
End of re-examination.
Now hearing an affidavit (in person) from consultant psychiatrist Dr Nigel Strauss, comprising a main & supplementary report.
ABC: Your diagnosis was that AL was suffering from an exacerbation of her persistent depressive disorder with high levels of anxiety. So that means the condition pre-existed before the events that concern these proceedings?
Strauss: Yes
ABC: The exacerbation was due to the dismissal?
Strauss: Yes, and events surrounding that.
ABC: There was a single consultation over 90 minutes?
Strauss: Yes
ABC: Would you have a better indication over time?
Strauss: Yes, it would give me a better indication of what triggers exacerbation.
ABC: Do you remember a conversation the day before your supplementary report, where you were asked by a lawyer if the ABC incident may have triggered the exacerbation of her condition.
Strauss: No I don't recall that.
ABC: Do you remember saying it had?
Strauss: No but I agree it did.
ABC: Ms Lattouf was seeing a psychologist about her pre-existing condition. Do you agree that the psychologist could have given her some useful information about her exacerbation?
Strauss: Yes
ABC: What was the basis of your 2nd report?
Strauss: To speak to what had triggered the exacerbation.
ABC: Can you read your notes about her use of alcohol & anti-depressants?
Strauss: "Always well, increased alcohol, anxiety, cup of vodka to sleep, no cigarettes, no illegal drugs, cannabis every 2 months, high-strung, stressed, no gambling."
ABC: So having once been a social drinker had passed to heavy drinker...
Strauss: She said she used it to go to sleep.
ABC: None of this is quantified?
Strauss: No, except for cupful of vodka and cannabis every 2 months, the latter of which was irrelevant. The point is she was self-medicating to deal with her condition.
ABC mentions SM post about consumption of gin while watching live-streamed barbarity. Did she mention gin?
Strauss: No
ABC: Did she speak about her long-term work as an anti-racist?
Strauss: Not specifically, but she did speak of the strain of being a lone spokeswoman.
ABC: Did she say this caused low moods?
Strauss: I think AL Challenges herself because she believes in her ideals & this takes a tool on her.
ABC: And that continued to operate when she saw you?
Strauss: Indeed, and it still does in these proceedings.
ABC playing previous video to psychiatrist Dr Strauss, about the sadness she feels and responsibility to report on the devastation she is witnessing, and having no idea how to navigate this time in history... but feeling this is nothing compared to those being killed and starved and dispossessed.
ABC: So she expressed pain before the events at the ABC? Did she describe herself as a poster girl.
Strauss: No, but she certainly gave the impression that she had shouldered that responsibility.
ABC: So she expressed somatic symptoms of depression?
Strauss: Yes.
ABC: Did she tell you she would wake up in the middle of the night haunted by images from Gaza?
Strauss: Yes this and her past exacerbated her psychiatric condition.
ABC: Another would be the burden of being at the centre of media attention?
Strauss: Yes
ABC: And threats, they would certainly be a factor that contributed to the exacerbation of her psychiatric condition?
Strauss: Yes
ABC: And her perception that she was being followed?
Strauss: We don't know if that was real or paranoia. She was afraid.
ABC: Nothing she related about threats had anything to do with anyone from the ABC?
Straus: No
ABC You refer to Lattouf as a vulnerable person?
Strauss: I wouldn't say she had a personality disorder but she was a vulnerable person, given her personal history and the work she was doing.
@antoinette_news @hrw Consortium News could report no further since the live-stream went offline and the video became unavailable.
@antoinette_news @hrw A fellow journalist, @MaryKostakidis, who was observing the proceedings, informed Consortium News that after we were cut off, a complaint was made about someone photographing proceedings, which is forbidden by the Federal Court.
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Journalist @antoinette_news who was sacked by Australia's national broadcaster for posting on social media about #Gaza will have her unlawful dismissal claim heard in the federal court today. The proceedings will be live-streamed here on YouTube: youtube.com/live/a8RorBeAi…x.com/antoinette_new…
@antoinette_news Proceedings in progress. Lattouf's lawyer asserts that she was not sacked because of a standard ABC policy, but an alleged special direction to her, not to post anything on her private social media account about Israel-Gaza, after a series of complaints from the pro-Israel lobby.
@antoinette_news Court briefly adjourned to find seats for the many members of the public still standing.
We'll be live on this thread at 10.30am BST from the #Assange courtroom in London, where judges will announce whether he may appeal on any or all of 3 grounds:
- risk of death penalty
- prejudice by way of his nationality
- risk of no First Amendment protection
Or, extradition!
We are now connected to the Royal Courts of Justice. The courtroom is filling up. Journalists were instructed to sign in 30 minutes before proceedings began. The #Assange Hearing starts in 24 minutes.
We await the arrival of Dame Victoria Sharp and Justice Jeremy Johnson, the two judges who heard #Assange's Renewal Appeal. Their decision was deferred, because they offered the U.S. a chance to offer assurances on 3 points that could block extradition. The US responded.
We're heading off to the Supreme Court in Canberra for the sentencing decision on military whistleblower David McBride @MurdochCadell. Updates will be on this thread.
We're inside the courtroom, awaiting Judge Mossop. David McBride @MurdochCadell is close by with his dog Jake. David's eyes are closed, as they were last week.
Judge enters. Someone cries out "Shame on the court!". The judge tells her to please sit down & be quiet,
Begins reading a statement of facts, beginning with McBride's guilty plea.
- Stealing documents which carries a max penalty of 10 years
- Communicating information to Chris Master & Dan Oakes. Max penalty - fine or prison for "any amount or time" - but could be 6 months prison
- Publishing documents on 'The Ops Room'. Fine or prison for any term, as originally specified in the Defence Act - gives history of the Act
We are standing outside courtroom 7 of the Canberra Supreme Court with @MurdochCadell & his defence. Another case is still being
Heard
Before the sentencing of David McBride we will hear submissions from the prosecution first, led by Trish McDonald, and then from the defence, led by Mark Odgers. The courtroom door has not yet opened.
We are now in the courtroom for the sentencing of David McBride @MurdochCadell, and currently awaiting the arrival of Judge David Mossop. David is accompanied by his dog Jake.
Our live updates from the #Assange courtroom at the Royal Courts of Justice, Day 2 afternoon session, will be on this thread.
Court in session. Now we can hear the prosecution but not the judges.
Prosecution is refuting Ground 4 and Ground 6 of the defence's appeal. Focusing on the Fair Trial issue.
There is an argument of Speciality or nothing. The claim is the applicant is at risk of being punished for conduct he has not been charged with. That is Specialty and it is being forced into Art. 6
Our live updates from the #Assange courtroom on Day 2, morning session, will be on this thread.
@unjoe @CathyVoganSPK We are connected to the #Assange courtroom for Day 2 of his Renewal Appeal. Today we will hear from the prosecution and we have view on Clare Dobbin KC preparing her papers. No sound from the courtroom as yet
@unjoe @CathyVoganSPK Court in session. No sign of #Assange.