21 August 2010

A diminished reputation?

Justice Peter McClellan of the NSW Supreme Court has awarded former terror suspect Mamdouh Habib $5,000 after Habib won an appeal - Habib v Nationwide News Pty Ltd [2010] NSWCA 34 - in a defamation case against the publisher of the Sydney Daily Telegraph.

The initial case, in 2008, concerned claims made by the former Guantanamo Bay inmate about torture when he was detained.

The award may give Habib little comfort, as costs have yet to be determined and the mass media have featured comments such as -
although [Habib] established he was defamed, [the Court] is not persuaded that Mamdouh Habib's reputation is significantly damaged.

The Judge said "with respect to the damage to his reputation, in my judgement it is relevant that he falsely denied supporting Sheikh Omar Abdul Rahman.

"That amounts to a finding that the plaintiff was prepared to tell an untruth to the Australian public in relation to his support for a terrorist and very significantly diminishes his reputation.

"For that reason, although the plaintiff succeeded in establishing that the published article defamed him, when it said that he made multiple false claims I am not persuaded that his reputation was thereby significantly damaged."
.