Jump to content

Page:Deeming v Pesutto (No 3) (2024, FCA).pdf/35

From Wikisource
This page has been proofread, but needs to be validated.

138 At 5.59pm, the joint press release of Mr Southwick and Mr Battin was released to the media by Mr Woff (Ex A141; CC:274). It read as follows:

Today's incident on the steps [sic] Parliament House is an affront to every Victorian who values our inclusive, tolerant and multicultural community.

The behaviours today by neo-Nazis are a deliberate attempt to incite hatred and violence and are nothing short of sickening.

These shameful individuals and the hateful ideology they push have no place in our state and must never be tolerated.

The Victorian Liberals and Nationals continue to support the frontline officers Victoria Police, who continue to focus on community safety in frequently dangerous and complex situations.

The Andrews Labor Government must join with the Liberals and Nationals to ensure Victoria Police have the powers, resources and training to stamp out these shocking acts of hate.

139 At 6.03pm, Mrs Deeming published the following tweet (Ex A142; CC:275) (18 March tweet):

Moira Deeming MP
@MoiraDeemingMP

Disappointed with @VictoriaPolice, who let a bunch of masked men into the LWS buffer zone, terrifying women who were just trying to speak about their rights. Police managed to stop hordes of TRAs, but somehow could only walk masked men past us they did a horrible Nazi salute. 😡

6:03 PM • Mar 18, 2023 • 267.2K Views

140 That evening, Ms Keen, together with Mrs Deeming, Ms Jones and Ms Katherine Deves, filmed the livestream which Ms Keen had suggested, starting at 7.46pm. (Ms Deves is a former Federal Liberal Party candidate who also spoke at the LWS rally.) The video was uploaded to YouTube at 8.13pm (Ex A258).

141 That video and a transcript of it were in evidence (Ex R37 and Ex R38 respectively). It was sometimes referred to as "the champagne video", because each of the women (except Ms Jones) sipped a little champagne during the course of it (it lasts 24 minutes in all).

142 Counsel for Mr Pesutto sought to make much of it during the hearing, so it is necessary to set out the transcript of the relevant exchanges, as follows:

KJK [Ms Keen]: What a day! So I'm here with some evil TERFs [trans-exclusionary radical feminists] uh down under. We're calling this, I'm calling this TERF talk down under it's a concept that I've come up with [*all laugh*]. I have Angie Jones here, who

Deeming v Pesutto (No 3) [2024] FCA 1430
31