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Mick Gatto loses defamation case over Lawyer X article
Victoria’s Supreme Court has sided with the ABC in defamation proceedings brought by underworld figure Mick Gatto who alleged the national broadcaster had alluded that he was a murderer who threatened to kill police informant Nicola Gobbo.
The 2019 article reported an allegation that Mick Gatto had threatened to harm former barrister and police source Nicola Gobbo after he learnt she was providing privileged information to investigators, and detailed reports that he was a “hit man, murderer and someone who had plotted or arranged the murder of others”.
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In his submissions, Mr Gatto said the ABC article had used evidence given during an “unidentified” court case as a “springboard for more general dredging of rumour and innuendo against Mr Gatto”. The gist, he said, was a recitation of his “willingness to murder” that made any ordinary reasonable reader take a suspicious approach.
However, the Honourable Justice Andrew Keogh found the article to be fair and accurate based on court proceedings and said it attributed the evidence of these allegations to witnesses – including a police inspector’s affidavit and oral evidence.
He found that the report relied on evidence from a criminal known only as Witness B, who was arrested on serious drug charges and later became an informant. He told court hearings that he was aware of allegations that Mr Gatto was involved in arrangements that led to the murders of Frank Benvenuto and Victor Peirce.
“It is important to note at the outset the ABC do not assert allegations about Mr Gatto made in the proceedings and reported in the article are true,” Justice Keogh said.
It is understood that Mr Gatto will be appealing the decision.
The entire judgement can be read on AustLII: Gatto v Australian Broadcasting Corporation & Ors [2021] VSC 83 (26 February 2021).
