Post by Flash on Apr 5, 2008 8:00:00 GMT -5
Coates wins $360,000 in Alan Jones case
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April 4, 2008 - 4:41PM
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Australian Olympic boss John Coates has been awarded $360,000 damages after being defamed by broadcaster Alan Jones over the Athens "no-row" controversy.
Describing the radio broadcaster's comments as a "serious attack on the reputation" of Mr Coates, Justice Michael Adams rejected defences relating to truth and comment.
"A substantial sum must be awarded, in my view, to satisfy the purposes of the law," he said on Friday.
A NSW Supreme Court jury previously found Jones had defamed the Australian Olympic Committee (AOC) chairman in broadcasts in December 2004 on Radio 2GB, run by Harbour Radio Pty Ltd.
The talkback radio star had been discussing the women's eight rowing final at the Athens Olympics in which Australian crew member Sally Robbins stopped rowing before the finish line.
The jury found Jones implied Mr Coates had engaged in a cover-up and bullied the rowers into saying what he wanted at a press conference two days after the race.
Mr Coates, a solicitor who was appointed a Companion in the General Division in the Order of Australia in 2006, also was defamed by suggestions he handled the matter incompetently.
In dismissing defences put forward by Jones and Harbour Radio, the judge said there was no truth in the bullying claims.
"The imputations suggestive of a cover-up were patently false; they could not survive even the most cursory examination of the team's press conference," Justice Adams said.
He noted Mr Coates himself accepted he should not have said statements critical of Ms Robbins were "un-Australian".
"In my view, this was a momentary lapse, and I do not think it could seriously be regarded as reflecting on (Mr Coates') leadership or management of the crisis when considered as a whole," Justice Adams said.
Mr Coates was a well-regarded solicitor, a board member at a number of public companies and his connection with sport had given him an international reputation.
"I have no doubt that he felt very deeply indeed about the attacks on him and their possible effect on the (Australian Olympic) movement, about which it is obvious he is passionate," the judge said.
Further, it would have been an "exceedingly unpleasant experience" for him being cross-examined in court.
"The suggestion in submissions made in open court that (he) had attempted to cover up a scandal and that this was by bullying the athletes, must have added salt to the wounds."
Justice Adams noted there would have been large number of members of the general public, especially those interested in sport, whose opinions of Mr Coates would have been adversely affected by the broadcasts.
The amount of interest and legal costs to be paid will be decided by Justice Adams on another date.
Speaking outside court, AOC media director Mike Tancred said Mr Coates was overseas but had been sent a text message to explain his court win.
"He will be delighted because this did hurt him, his reputation was damaged here," Mr Tancred said.
Jones also was not present in court. Comment has been sought from Harbour Radio.
© 2008 AAP
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April 4, 2008 - 4:41PM
Advertisement
Australian Olympic boss John Coates has been awarded $360,000 damages after being defamed by broadcaster Alan Jones over the Athens "no-row" controversy.
Describing the radio broadcaster's comments as a "serious attack on the reputation" of Mr Coates, Justice Michael Adams rejected defences relating to truth and comment.
"A substantial sum must be awarded, in my view, to satisfy the purposes of the law," he said on Friday.
A NSW Supreme Court jury previously found Jones had defamed the Australian Olympic Committee (AOC) chairman in broadcasts in December 2004 on Radio 2GB, run by Harbour Radio Pty Ltd.
The talkback radio star had been discussing the women's eight rowing final at the Athens Olympics in which Australian crew member Sally Robbins stopped rowing before the finish line.
The jury found Jones implied Mr Coates had engaged in a cover-up and bullied the rowers into saying what he wanted at a press conference two days after the race.
Mr Coates, a solicitor who was appointed a Companion in the General Division in the Order of Australia in 2006, also was defamed by suggestions he handled the matter incompetently.
In dismissing defences put forward by Jones and Harbour Radio, the judge said there was no truth in the bullying claims.
"The imputations suggestive of a cover-up were patently false; they could not survive even the most cursory examination of the team's press conference," Justice Adams said.
He noted Mr Coates himself accepted he should not have said statements critical of Ms Robbins were "un-Australian".
"In my view, this was a momentary lapse, and I do not think it could seriously be regarded as reflecting on (Mr Coates') leadership or management of the crisis when considered as a whole," Justice Adams said.
Mr Coates was a well-regarded solicitor, a board member at a number of public companies and his connection with sport had given him an international reputation.
"I have no doubt that he felt very deeply indeed about the attacks on him and their possible effect on the (Australian Olympic) movement, about which it is obvious he is passionate," the judge said.
Further, it would have been an "exceedingly unpleasant experience" for him being cross-examined in court.
"The suggestion in submissions made in open court that (he) had attempted to cover up a scandal and that this was by bullying the athletes, must have added salt to the wounds."
Justice Adams noted there would have been large number of members of the general public, especially those interested in sport, whose opinions of Mr Coates would have been adversely affected by the broadcasts.
The amount of interest and legal costs to be paid will be decided by Justice Adams on another date.
Speaking outside court, AOC media director Mike Tancred said Mr Coates was overseas but had been sent a text message to explain his court win.
"He will be delighted because this did hurt him, his reputation was damaged here," Mr Tancred said.
Jones also was not present in court. Comment has been sought from Harbour Radio.
© 2008 AAP