NSW:Age journalists ordered to reveal sources

AAP General News (Australia)
02-01-2012
NSW:Age journalists ordered to reveal sources

By Margaret Scheikowski

SYDNEY, Feb 1 AAP - Businesswoman Helen Liu has won her legal attempt to compel journalists
to reveal their sources for a story involving her and former defence minister Joel Fitzgibbon.

Justice Lucy McCallum ordered Fairfax journalists Richard Baker, Phillip Dorling and
Nick McKenzie to provide "all documents that are or have been in their possession which
relate to the identity or whereabouts of the sources".

The Chinese-Australian property developer took the NSW Supreme Court action against
The Age newspaper and the journalists in relation to a February 2010 article.

In her judgment on Wednesday, the judge said the article alleged Ms Liu had made substantial
payments to Mr Fitzgibbon, as part of "a campaign to cultivate him as an agent of political
and business influence".

The article was published under the headline: "Fitzgibbon's $150,000 from Chinese developer
- former defence minister cultivated over years".

Ms Liu, who argues she has a case for defamation, sought the orders to identify who
she could sue.

She alleges three documents - part of a bundle of 135 pages obtained by The Age - were
forgeries or were falsely attributed to her.

Justice McCallum said the only communication between the journalists and the sources
was by email.

"In my assessment, the present case sits poised uncomfortably on the fault-line of
strong, competing public interests," she said.

"The defendants' case is that, following lengthy and careful negotiation, they obtained
documents which reveal the making of corrupt payments by the plaintiff to a federal member
of parliament."

The reporters contended the documents were obtained from sources who had a real and
substantial fear of reprisal if their identities were revealed.

"Conversely, the plaintiff's case is that a person or persons conducting a vendetta
against her have provided documents to journalists which have been deliberately forged
or falsely attributed to her.

"Accepting those contentions without qualification, to refuse the relief sought would
perpetuate the fraud."

The judge said the correspondence revealed Mr Baker "disobeyed a specific request made
to him" by a contact on behalf of the sources.

After the first story was published, the contact sought Mr Baker's word that The Age
would not use two handwritten papers said to have been included inadvertently in the documents.

But the fact that the paper did use them undermined "the very protection sought" by
not requiring journalists to disclose their sources.

"The defendants unilaterally determined ... that the interests of the sources must
yield to what the defendants claimed was a paramount public interest.

"It was that decision which exposed the sources to the risk of disclosure of their identity."

The barrister for the paper and journalists will apply for a stay of the judge's order
on Friday, pending an expected appeal.

AAP mss/jjs/jhp/wjf

KEYWORD: LEGAL: LIU WRAP

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