Key events
Lattouf’s Lebanese background comes up again
Oliver-Taylor is under fierce questioning about an apparent inconsistency in his evidence. He is asked about his understanding of Lattouf’s race or national background.
“I didn’t know her race or national extraction,” Oliver-Taylor says.
He is then directed to an email he forwarded on to the managing director, David Anderson, on 18 December 2023, after complaints about her first came in to the ABC, which gives background on Lattouf.
“You see the heading section of ‘Antoinette Lattouf’?” Fagir asks.
“You see the fourth dot point there?… ‘Her background is Lebanese Christian. She grew up in western Sydney, the child of Lebanese immigrants’?”
Oliver-Taylor says that this information about Lattouf came from an email he received from former ABC Radio Sydney manager Steve Ahern.
“It was a complete copy and paste from Steve Ahern,” says Oliver-Taylor, adding he had only “skim read” the material, so he “didn’t necessarily know [Lattouf’s background] in a meaningful way”.
“Is your evidence that you did not know, as at the afternoon of Monday 18 December, that Ms Lattouf’s background was Lebanese Christian?” asks an incredulous Fagir.
“I will say that I did know, based on this,” says Oliver-Taylor. “I did not recall that.”
“Of course, of course you knew, Mr Oliver-Taylor,” Fagir says.
This question of Lattouf’s racial background and ABC management’s understanding of it is emerging a key part of Lattouf’s team’s argument.
Fagir said in his opening statement on Monday that the broadcaster rejected Lattouf’s claim of racial discrimination, because she has not proven being Lebanese, Middle Eastern or Arab is a race.
However, the ABC’s lead barrister, Ian Neil SC, said in court on Wednesday that “the ABC does not deny the existence of any race” and the onus was on Lattouf to provide evidence in relation to any race claim she may make.
Lattouf at federal court for day five of unlawful termination hearing
Oliver-Taylor grilled over ABC policy on employee social media activity
Oliver-Taylor, the outgoing content chief for the ABC, is being asked about his understanding of various policies and procedures.
“Do you have an understanding of the relevance and scope of ABC policies?” Oshie Fagir, barrister for Lattouf, asks.
“I believe I have some degree of knowledge, yes … I can’t quote them verbatim to you, sir,” Oliver-Taylor replies.
Fagir:
I’m not asking you to quote them verbatim. I’m asking you whether you have an understanding of their relevance and scope.
Oliver-Taylor:
I have an understanding of their scope.
Fagir pushes Oliver-Taylor as to whether personal social media activity by ABC employees is classified as ABC content, and whether or not it is subject to the editorial policies.
Oliver-Taylor concedes it is not.
Fagir directs Oliver-Taylor to look at the ABC’s personal use of social media guidelines.
You see the words: ‘This means that if a complaint is received about content on a worker’s personal account, it will not be investigated as an editorial complaint or assessed against the editorial policies’.
Do you see that you agree with that, or do you have some different view as to how a complaint about content on a worker’s personal account is handled at the ABC?”
Oliver-Taylor replies: “As written, I can’t disagree with that.”
Fagir:
Well, setting aside what’s written, was it your understanding, as of December 2023, that if a complaint received about content on a worker’s personal account, it would not be investigated as an editorial complaint or assessed against the editorial policies?
“I referred that to Mr Melkman for his consideration,” replies Oliver-Taylor. “I was not sure.”
How Chris Oliver-Taylor’s role was downgraded by new ABC chair
In January, our media correspondent Amanda Meade broke this story about Chris Oliver-Taylor leaving the ABC after his role was substantially downgraded by Kim Williams.
Oliver-Taylor confirmed his departure at the end of January, saying the demotion and the “redefined creative vision” of the board had driven his decision to resign.
His tenure was marred by the fallout from his decision to sack the casual Sydney radio presenter Antoinette Lattouf.
Fagir inquires about change to Oliver-Taylor’s oath
An unusual question to kick off the cross-examination of Oliver-Taylor, as Oshie Fagir, the barrister representing Lattouf, asks him why he swore a religious oath today at the federal court, but affirmed his oath – an affirmation with no reference to God – when giving evidence to the Fair Work Commission last year.
Oliver-Taylor says he is a Catholic and at the time of the Fair Work Commission, “I think I misunderstood what I was swearing”.
Key points from Thursday
Most of Thursday was taken up with the cross-examination of David Anderson, the ABC’s managing director, who was quizzed about his knowledge of Lattouf’s employment at the ABC in December 2023.
Lattouf had a five-day contract as a fill-in host on ABC Radio Sydney’s Mornings program in December 2023. She was taken off air after three days after she posted on social media about the Israel-Gaza war.
Anderson told the court on Thursday he believed Lattouf should never have been appointed as a casual radio host because of her “partisan view on Israel-Gaza”.
In Anderson’s affidavit, published by the court on Thursday, he said local radio management, specifically Steve Ahern, who we expect to give evidence today, “made a negligent error of judgement by employing Ms Lattouf without assessing her prior media and social media activity”.
However, Anderson also conceded the process of removing Lattouf from the ABC was “completely abnormal from start to finish”, saying she had not been given the chance to respond to allegations against her.
Anderson was also quizzed about text messages he sent to the ABC’s chief content officer, Chris Oliver-Taylor, alleging Lattouf’s “socials are full of antisemitic hatred.”
Pressed in court about which posts contained “antisemitic hatred”, Anderson said: “I have a recollection of her … challenging the existence of Israel, which I do believe to be antisemitic.”
He added he couldn’t recall specifics of the messages, or if the posts had come from Lattouf, other people posting replies to her, or her replies to them, “but that, to me, added up to antisemitism that was sitting on her social feeds”, he said.
Anderson was also asked whether he had any doubts that “there exists a Lebanese race”.
“If somebody tells me they’re Lebanese, I don’t question whether they mean it’s race or national identity,” he said. “I haven’t formed a view as to whether there is or there isn’t [a Lebanese race].”
Oshie Fagir said in his opening statement on Monday that the broadcaster rejected Lattouf’s claim of racial discrimination, because she has not proven being Lebanese, Middle Eastern or Arab is a race.
However, the ABC’s lead barrister, Ian Neil SC, said in court on Wednesday that “the ABC does not deny the existence of any race” and the onus was on Lattouf to provide evidence in relation to any race claim she may make.
Here’s our full report from yesterday’s proceedings.
Chris Oliver-Taylor begins giving evidence
We’re back.
First up, we’ll be hearing from Chris Oliver-Taylor, the outgoing ABC content chief who sacked Lattouf.
Hearing blows out beyond initial expectation
Today – day five in this case – was supposed to be the final day for evidence to be heard, with the court resuming at the end of February for closing arguments.
However, the case has blown out and it is clear that the evidence will not be finished today, as an exasperated Justice Darryl Rangiah pointed out yesterday.
For that reason, court will start at 9.30am today, instead of the usual 10.15am. But Rangiah made it clear that more sitting days would be needed and he would be making inquiries of the parties as to whether time could be found next week for the evidence to be concluded.
It was clear from the very first witness – the journalist Antoinette Lattouf, who is at the heart of this case – that things were not going to run to schedule, when her cross-examination, which was allotted two hours allotted on Monday afternoon, went to five hours and only wrapped up after lunch on Tuesday.
We’re still expecting to hear evidence from three ABC managers, including the former chair Ita Buttrose, but how many the court will get through today, and whether they’ll follow the scheduled order of appearance, is not yet clear.
Welcome
Hi, I’m Kate Lyons, and I’ll be watching day five of the Antoinette Lattouf v ABC unlawful termination claim.
We will bring you all the evidence as it unfolds from 9.30am.
Chris Oliver-Taylor, the outgoing ABC content chief who sacked Lattouf, is expected to give evidence today.
Remaining witnesses include the former ABC Radio Sydney manager Steve Ahern, the ABC Radio Sydney’s content director, Elizabeth Green, and former chair Ita Buttrose.
Article by:Source: Kate Lyons
