Northern Territory Senator Jacinta Nampijinpa Price distributed an allegedly false media release about the Central Land Council’s chief executive despite having “inconsistent information”, the Federal Court was told on day one of defamation proceedings.
Lesley Turner, the chief executive of Central Land Council (CLC – an organisation that represents Aboriginal and Torres Strait Islander people of the Northern Territory), has sued Price for an allegedly defamatory media release published late on 21 July 2024.
On Turner’s case, Price’s media release falsely implied he “behaved so unprofessionally that it warranted his dismissal” from the CLC and he was “unfit to continue to occupy the role of CEO”.
Price admitted a third imputation that Turner no longer had the support of the majority of the CLC delegates.
A day earlier, former deputy chair Matthew Palmer sent a media release to four journalists that falsely claimed Turner lost confidence and members had moved a motion of instant dismissal.
Palmer, who was removed in September 2024, allegedly told Price openly that he was after Turner’s job, the Federal Court was told.
This release cited alleged dissatisfaction with operations that “failed to address basic needs of Aboriginal people across the region, weakening many communities and contributing to increasingly worse conditions”.
Murdoch-owned NT News published an article based on this media release, but it was taken down a short time later.
Sue Chrysanthou SC, appearing for Turner, said that by the time Price’s media release was distributed to journalists, her office had allegedly received information that “unequivocally informed her” the details in Palmer’s media release and the article were incorrect.
Referring to the removal of the NT News article, Chrysanthou said Price’s team “were a bit perplexed about what was going on, and there was confusion amongst them about what happened at the meeting”.
“Despite being confused, despite having inconsistent information, despite Palmer’s press release … the senator ploughed ahead and gave the thumbs up to her staff to publish the press release that night, at about 9pm,” Chrysanthou said in opening submissions.
The media release was published on Price’s website the next morning.
Within an hour of it being uploaded online, CLC staff had contacted Price’s office to inform them that the information was wrong, but this still did not alter her course, Chrysanthou added.
Neither did CLC’s publication of its own media release.
“She didn’t take it down, she didn’t apologise, she didn’t retract anything,” Chrysanthou said.
“We say as a result of the senator’s congregation of this story by the release of this press release, a second NT News article was published on 22 July, reagitating the story,” the court was told.
A concerns notice was issued on 29 July.
Around 14 August, Price then received a “bundle of very important documents”, including a statement of facts from the CLC about what happened at the 18 July meeting.
“Instead of apologising or retracting or admitting wrongdoing or even just taking down the press release … Price was not deterred. Instead, her response was to issue another false press release about my client.”
Price originally pleaded the truth defence but withdrew it in March.
The senator relies on the defences of honest opinion, statutory report by privilege, and common law qualified privilege.
The proceedings are ongoing.
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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