Marsden wins damages

An emotional John Marsden today said he had been vindicated by a court ruling awarding him $525,000 in damages following his long-running defamation case against Channel Seven.

But the Sydney solicitor said his reputation would forever be tainted by allegations he had had sex with underage boys.

NSW Supreme Court judge Justice David Levine today said Channel Seven had been motivated by malice to make false imputations about Mr Marsden.

He ruled Mr Marsden had a good and settled reputation before Channel Seven's publication of the imputations, which suggested he had sex with underage boys.

Outside court, Mr Marsden said today's result had totally vindicated his stand against the allegations.

But, with his voice shaking with emotion, he said his victory had come at a high price and his reputation would be forever tainted.

Mr Marsden said he despaired for the future of law in Australia and the way in which "so-called justice is administered".

"Although I have won I have lost," he said.

"But more importantly society has lost. This case should serve as warning to every person here today, to every family and to every politician that the price of justice in Australia today has become so expensive that most people simply cannot afford it."

Mr Marsden said the case had taken over six years and cost him $6 million in legal expenses.

There was no immediate ruling on costs.

The damages award ended Australia's longest running and most colourful defamation case.

The finding for the 59-year-old former Law Society President and Police Board member comes after a jury found in 1999 Marsden had been defamed by two Channel Seven broadcasts.

The judge said he was satisfied on the balance of probabilities that the alleged events did not occur, adding Channel Seven was actuated by malice.

Channel Seven defended the case, submitting the claims were true.

In a statement issued after the decision, Channel Seven said it was fulfilling a fundamental duty of the media to investigate and publish reports on issues of public interest.

"Given Marsden's high profile, his public denials, the issues being raised in Parliament and some brave witnesses coming forward to reject Marsden's denials, Seven's public affairs programs decided to pursue the story," the network said in a statement.

The company said it would "continue to support its journalists and production teams in the execution of their professional duties and in their endeavours to broadcast news and information in the public interest".

 


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