1 week Ago By Blake Antrobus
A former Labor MP has sensationally claimed he is being “silenced” by “council mayors” after being ordered to pay thousands of damages for comparing the head of a major local government lobby group to Jabba the Hutt over a series of Facebook posts. Rob Pyne, a former Queensland MP turned local councillor for Cairns, and North Queensland woman Lyn Kennedy (formerly O’Connor) were slugged with the brutal damages after being sued by Greg Hallam, the former chief executive of the Local Government Association of Queensland (LGAQ) back in 2017. The District Court battle came to an end in October – two years after Judge Dean Morzone reserved his decision.
Mr Hallam has been awarded more than $500,000 in damages, with Ms Kennedy and Mr Pyne ordered to pay him $346,131 and $157,261 respectively. But Mr Pyne has slammed the decision as being about “council mayors silencing dissent” through the lobby group. He said he otherwise had “no problem” with the judge who was “understanding and applied the law at the time before the defamation law reforms”.
Mr Pyne represented the seat of Cairns in Queensland’s legislative assembly from 2015 to 2017, resigning from the Labor Party in 2016 to sit as an independent. During his time in parliament, he had been frequently critical of Mr Hallam in his role as the head of the LGAQ, using parliamentary privilege to advance unproven allegations of corruption in local government. At the time, Mr Pyne was representing the seat of Cairns in Queensland’s legislative assembly.
Mr Hallam had rejected the claims Mr Pyne raised in parliament, along with demands for a special inquiry into local government in June 2017. Over the following weeks, Mr Pyne published several posts on his official Facebook page – one of which included a caricature of infamous Star Wars crime boss Jabba the Hutt, wearing an LGAQ T-shirt. Mr Hallam asserted he was defamed by being compared to a powerful crime boss and was someone who “sought to corruptly influence public officials”, among other claims.
The posts did not name the ex-LGAQ leader but Judge Morzone still found Mr Hallam had been defamed due to the context of the caricature. In his decision, Judge Morzone said the physical features of the cartoon “visually parodied” Mr Hallam’s physical features. “The caricature goes beyond mere satire or vulgarity that might be considered fair comment or the ‘rough and tumble’ of political debate,” his judgment states.
“(The publications) are sensationalist in tone and pregnant with insinuation and suggestion of improper conduct and wrongdoing, which invites readers to adopt a suspicious approach and repeatedly invites conjecture.” He noted Mr Pyne had “never apologised” to Mr Hallam for the posts. “Even though he initially proffered an apology, he asserted in cross-examination that he was no longer willing to do so,” Judge Morzone’s judgment states.
Ms Kennedy was found to have defamed Mr Hallam in 36 Facebook posts – made over two years and between two different accounts – which asserted he was a “bully”, was “corrupt” and was involved in “covering up” alleged corruption. Her comments were also published across various other Facebook pages dedicated to criticisms of local government. Judge Morzone was scathing of Ms Kennedy’s conduct, including how she used a false identity to make the comments and gave an “insincere” apology.
“The publications were malicious, highhanded, oppressive, insulting and offensive, extravagant and sensationalist, and part of an orchestrated attack to harm the plaintiff’s reputation,” he ruled in his judgment. Ms Kennedy was also lashed for her conduct at trial, where she had failed to comply with court orders for disclosure and early pleadings. “Her aggravating conduct formed a continuous stream, leaving the plaintiff with no respite from his psychiatric condition and ongoing hurt,” Judge Morzone’s judgment continued.
In addition to the damages, Ms Kennedy was handed a permanent injunction from ever publishing any defamatory comments about Mr Hallam. Ms Kennedy was contacted for comment. In a statement, the LGAQ Board said they had unanimously decided to support Mr Hallam’s court action in 2018, noting the Association “takes its duty of care to its employees seriously”.
“The LGAQ Board accepts and respects the Judge’s ruling and thanks the Court for its time,” the statement said. Mr Hallam, in his own statement, thanked his legal team and the “unwavering support” from the board through “what has been a particularly difficult time”. “I accept and respect the Judge’s ruling and would like to thank the court for its time and consideration of this matter,” he said.
Mr Hallam had given evidence during proceedings of the toll the publications had on his physical and mental health. In his judgment, Judge Morzone noted Mr Hallam had been treated for major depression, exhibiting symptoms of “insomnia, agitation, anger, irritability, and distressing nightmares, which were so severe that his partner had to sleep in a separate room”. Colleagues also spoke of how he became more withdrawn and less enthusiastic in his work and home life as a result of the social media attacks.
“In my view, the plaintiff’s psychiatric condition was materially caused by the defamatory publications,” Judge Morzone said in his judgment. “The resultant diagnosis of Major Depression with Anxious Distress (Recurrent) was manifested by psychotic dreams, nightmares, and thoughts of death or suicide.” Mr Hallam also claimed he had gained significant weight and increased his alcohol intake.
But Judge Morzone said this was “difficult to gauge” against Mr Hallam’s background of his “pre-existing obesity and drinking habits”. “He testified frankly, even confessing, after being challenged in cross examination, that he had understated his alcohol consumption to his psychiatrist,” Judge Morzone said. Ms Kennedy was found to have taken “significant” steps to change her behaviour since the court action concluded.
She has not posted about Mr Hallam since 2019 and many of the defamatory posts have been deleted, the judgment states. “I accept that her continued publications from late 2019 was made under duress and during a period of mental health decline,” Judge Morzone said. “The evidence and conduct since 2019 show a commitment to living a different life, free from the defamatory behaviour that led to the current proceedings.
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