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Bias claim dropped in Geoffrey Rush appeal

Newspaper drops bias claim because it is seeking a retrial of Geoffrey Rush defamation case on other grounds.

Publisher Nationwide News has abandoned a claim of ‘apprehended bias’ by a judge in its appeal of the Geoffrey Rush defamation case.

The Daily Telegraph is appealing the judgment and award of damages, arguing the amount given to Rush is “excessive”, and asking for judgment to be entered for them or for a re-trial to be ordered before a different judge.

Yesterday the newspaper’s barrister Tom Blackburn, SC, told the Federal Court that a combination of matters gave rise to an apprehension of bias. But several hours later, he asked for a 10-minute adjournment and returned to say he had agreed it had been “abandoned”.

Blackburn said he saw “no utility in the circumstances” in pressing the apprehended bias claim because the Daily Telegraph was seeking a retrial on other grounds.

Justice Richard White said earlier on Monday that apprehended bias is “a very serious submission to make”.

Mr Blackburn responded, “It is a very serious matter, your honour, I don’t treat it other than serious.”

Rush’s barrister, Bret Walker SC, slammed the sudden change of heart, saying the Daily Telegraph’s “very grave” allegation of bias had been “a slur both on the trial judge and on the cogency of the vindication our client has enjoyed”.

The newspaper had also argued that previous judgments in the case, including rulings that two potential witnesses could not give evidence, were also part of Justice Wigney’s appearance of bias.

One of those prospective witnesses, given the name “Witness X” during the trial, later revealed to be actress Yael Stone.

Justice Jacqueline Gleeson said she had listened to the particular recordings of Justice Wigney nominated by the Telegraph and “wasn’t sure what tone I was listening for”.

“You’ll tell us what the tones are, at some point?” Justice Gleeson asked.

“Yes, your honour,” Blackburn said.

Rush sat in the court watching proceedings with his wife Jane Menelaus, with Telegraph journalist Jonathon Moran also present.

The hearing continues.

Source: smh.com.au, The Guardian