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Oscar-winning actor Geoffrey Rush won his defamation suit against the Sydney tabloid The Daily Telegraph for a series of reports accusing him of "inappropriate behavior" with respect to a co-op. Featured.
In a summary judgment delivered Thursday in court, Federal Court Judge Michael Wigney stated that the Telegraph failed to establish a truth-based defense and was not convinced that the events occurred. Were unrolled "as alleged".
Judge Wigney stated that he was not convinced that Rush 's accuser, the actor Eryn Jean Norvill, was "an entirely credible witness", but that "he was not a good witness". he was aware of being "dragged under the spotlight" by the Telegraph against his will.
He said that Norvill was sometimes "prone to exaggeration and embellishment", including when she alleged that the cast and crew of King Lear's production from the Sydney Theater Company in 2015-2016 were complicit in Rush's inappropriate behavior, as they did not argue against it. .
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Judge Wigney stated that it was "a sad and unfortunate case" and that it would have been better for all involved if he had been treated outside. of this "hard and contradictory" forum, he said.
Judge Wigney stated that it was not up to the court to "provide a broader social comment" on badual harbadment in the theater or entertainment industry, nor on the defamation laws in Australia. .
Rush, 67, sued Rupert Murdoch's Nationwide News for defamation over two articles and a poster in a newsagent alleging that the actor was involved in inappropriate behavior at the newspaper. With respect to an unnamed co-star during the production of King Lear in 2015-2016.
The first article, published on the front page of the Daily Telegraph on November 30, 2017, was titled "King Leer". Judge Wigney stated that the second article of 1 December "doubles" the claims.
The co-star at the center of the stories was not named, but she was later revealed to be Norvill, who played the role of Cordelia, the daughter of King Lear.
Norvill did not cooperate with the newspaper before the publication of the articles, but then agreed to testify in the Telegraph court.
Rush vehemently denied the charges and said the articles conveyed a series of false and defamatory accusations about him, including that he was a "pervert" and a "badual predator".
On Thursday, Judge Wigney stated that he had accepted Mr. Rush's testimony.
Nationwide News had denied the articles containing these imputations, but if Wigney J. had found that these statements had been made, he had relied on a defense of truth. Judge Wigney flatly rejected the defense.
Tom Blackburn, SC, of Nationwide News, told the Federal Court in November of last year that the Telegraph's first front page report was "carefully crafted" to emphasize the actor's denial.
Judge Wigney stated at the time that Blackburn's arguments presented "considerable merit", but that the denials would have had more force if the article had not been titled "King Leer" .
He added that the title accompanying the story inside the journal – "The behavior of the Star Bard" – related to "very large puffs of smoke suggesting that there is had a fire there ".
Norvill told the court that Rush had been stroking the right side of her right chest up to her hip during a sneak preview at the end of 2015 and that she "thought that she would not be happy. he had done it deliberately ".
She also testified that Rush had rubbed her lower back under her shirt, "up to the limit of her jeans", "very gently and slightly" while tracing the skin over the waistband while they were out of the scene. She said that Rush stopped touching her in the back again after saying "Stop it, please."
According to Norvill, director Neil Armfield told Rush after the preview performance in 2015 that his actions had become "scary" and "unclear" and had to be more "paternal". Armfield and Rush rejected this account.
Norvill said that during a rehearsal of the same scene, she had heard "jingles of laughter" and had opened her eyes to find Rush kneeling over her and simulating her groping, including " cutting "above his chest, while" raising his eyebrows, bulging, licking his lips ".
Norvill said Armfield reprimanded Rush saying "Geoffrey, stop that," a complaint that Armfield also denied.
Judge Wigney asked Mr. Rush in the witness stand if he had "intentionally fumbled" Norvill.
"No, I did not," Rush replied.
Rush's lawyer, Bruce McClintock, SC, said, "If it's an accident, we win."
The court heard that Norvill had lodged an informal complaint with STC's director, Annelies Crowe, in an Annandale pub in April 2016. This complaint was recorded in an email that Crowe sent to her company. colleagues on 6 April.
Crowe said in the email that Norvill had "revealed that she had been repeatedly badually harbaded by Geoffrey Rush during rehearsals and the season of King Lear".
"At first she had heard rumors about Geoffrey's behavior in the past, but she thought she had a platonic and intellectual relationship with him and did not feel the need to stay away from him," Crowe wrote. .
Crowe said that she had seen Norvill was "very angry" after the closing night of King Lear and added, "knowing Geoffrey's reputation, I'm afraid I guess that's what it's all about." it may be the cause but I did not want to push it at that time. "
Crowe was summoned by the Telegraph but did not testify in any court.
Judge Wigney stated that although Crowe's email attracted considerable media attention, she was not called to testify and proposed to attach a "zero weight" to her comment on Rush's alleged reputation.
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