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The defamation case involving Victorian Opposition Leader John Pesutto and former Liberal MP Moira Deeming is nearing its conclusion, with closing arguments presented in the Federal Court.

Deeming claims Pesutto defamed her for political gain following a women’s rights rally in 2023, and that his failure to disclose a secret party room recording reflects his “consciousness of guilt.”

The court has heard that Deeming, who was expelled from the Liberal Party after the rally, is suing Pesutto for portraying her as a Nazi sympathiser.

I genuinely think that Pesutto, Southwick, Crozier and Bach thought that their ‘power’ would eliminate Deeming and she would not fight this. Respondents argument is so shallow, it’s not even a puddle. #DeemingvPesutto

— Dr George Merryman PhD (@MerrymanPhd) October 22, 2024

The controversy arose when white supremacists gatecrashed a rally she organised, which led to significant media attention and Pesutto's decision to move for her expulsion.

Deeming's barrister, Sue Chrysanthou SC, dismantled Pesutto’s defence, accusing him of presenting “dishonest evidence” regarding the release of a dossier circulated to hundreds of journalists. The document outlined his reasons for pushing Deeming out of the party.

Deeming v Pesutto - Closings

YESSSSS!!!!!!!!

Chrysanthou just named it. The elephant in the room.

Pesutto wanted to get rid of Deeming because he FOUND IT ANNOYING TO HAVE TO ANSWER QUESTIONS ABOUT HER EVERY TIME SHE SPOKE PUBLICLY ABOUT SEX-BASED RIGHTS#DeemingvPesutto

— Dirae (@megszzzzzzzz) October 22, 2024

“He truly believed it was a matter of political expediency, his own political expediency, to publish that material,” Chrysanthou argued, claiming that Pesutto's motivation was driven by personal and political interests, not public concern.

“His credibility as a politician, his personal interest as a politician is not in the public interest,” she said.

Pesutto has maintained throughout the trial that he does not believe Deeming to be a neo-Nazi or a white supremacist, as outlined in his defence document. However, Chrysanthou told the court that the material his office distributed, combined with media interviews following the rally, would have led a reasonable person to infer otherwise.

“Ultimately, if a person takes very little care, publishes very serious defamatory allegations about a person they did not believe to be true, they cannot succeed on (the public interest) defence,” Ms Chrysanthou told the court.

The case took another twist when it was revealed that Deeming's legal team had received only days’ notice of a 70-minute recording of a Liberal leadership meeting. The tape, recorded by David Southwick MP just a day after the rally, had not been previously disclosed by Pesutto in his affidavit.

Chrysanthou argued that Pesutto's failure to reveal the tape in a timely manner was evidence of his “consciousness of guilt.” She said, “He knew he had been lying about what happened in that meeting for a year. It is incomprehensible how Mr Southwick and Mr Pesutto acted in relation to that tape.”

“No honest witness would behave in the way they behaved. If you thought you were telling the truth, you would be rushing to get that tape and hand it over in litigation,” she added.

Pesutto’s attempt to expel Deeming from the party room following the rally eventually succeeded after several weeks, further deepening the political rift within the Liberal Party.

While Pesutto’s barrister, Dr Matthew Collins KC, has yet to deliver his closing submissions, Justice David O’Callaghan is expected to hand down his decision in December.