A
former adviser to South Australia's education minister is suing a
national newspaper for defamation, claiming it suggested she was party
to a cover-up of an Adelaide school sex abuse case.
Kate
Baldock, who is now media adviser to Attorney-General John Rau, has
launched the claim for damages against The Australian in South
Australia's Supreme Court.
Ms
Baldock claimed her character and reputation were "gravely injured",
that she has been "brought into hatred, ridicule and contempt" and that
she has suffered "hurt, embarrassment and distress" by two articles
published by the newspaper in August last year.
Ms
Baldock claimed the articles, titled "Third staffer 'covered up' rape"
and "Call for sacking over sex-abuse cover-up", were published "to a
substantial but unquantifiable number of readers" on the newspaper's
website.
In
her claim she alleges the articles suggested she was party to the
cover-up of the rape of a girl at a public school by convicted
paedophile Mark Christopher Harvey, then the director of the school's
Out of School Hours Care service.
Harvey is serving a prison sentence of 11 years over the abuse of five children.
Four of the cases emerged after his initial conviction.
The handling of the matter sparked a Royal Commission, headed by Justice Bruce Debelle.
Ms
Baldock was not called to give evidence to the Royal Commission but was
one of three State Government ministerial staffers who was compelled to
appear before a Legislative Council select committee into child sex
abuse.
In
her statement of claim, Ms Baldock said the articles by reporter
Michael Owen suggested she "deliberately failed to tell her Minister or
anyone else in the government [of the Harvey case]... as part of a
cover-up... for political reasons associated with an imminent
by-election" and that her refusal to answer questions from Mr Owen
"evidenced an acceptance on her part of responsibility for the
cover-up".
She
also claims the articles suggested she had "developed a media
strategy... designed to keep parents in the dark on the matter".
Newspaper says alleged imputations 'substantially true'
In its defence, the paper has denied the claim, saying the alleged imputations were "substantially true".
It
said Mr Owen obtained a series of emails between Education Department
media liaisons which Ms Baldock was copied into, in which there is
discussion of a holding line for use if media representatives got wind
of Harvey's conviction.
The
defence claims that in the emails, a regional manager confirms a
strategy to draft a letter to parents at the school, but only release it
if the story was "released to the media".
The
Australian said Ms Baldock did not raise any objection to the proposed
strategy and did not inform then education minister Grace Portolesi
about the case.
The paper said "the publication was reasonable in the circumstances" and it occurred on an occasion of "qualified privilege".
It said the reports related to a matter of public interest, based on proper material.
Ms
Baldock has been given time to file a response to The Australian's
defence and the parties will meet for a settlement conference next
month.
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