Page:Greenwich v Latham (2024, FCA).pdf/39

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Tweet, gave a licence for others to abuse and harass Alex. Alex has said to me repeatedly (and I agree) that he is a public figure and wants to demonstrate to Australians that this type of conduct from Mr Latham is not appropriate. My observations of Alex since the publication of the Primary Tweet and Mr Latham's follow up comments is that the publications have taken a personal toll on Alex because he is not only genuinely hurt by [the] nature of the publications, but the publications have given rise to hateful attacks directed at Alex, both online and through email, telephone and post.

The Hon Gregory Piper MP

105 Mr Gregory Piper is the member for Lake Macquarie in the NSW Legislative Assembly and a parliamentary colleague of both Mr Greenwich and Mr Latham.

106 He is an independent politician and was first elected to the NSW Parliament in 2007.

107 He has known Mr Greenwich since 2012 and they have become close colleagues.

108 Relevantly, he deposed as follows:

In my experience, Alex is ordinarily a person who is on the front lines of public debate and often around divisive issues, and he has had people oppose him on many fronts. He is courageous and no stranger to political conflict.

I recall feeling concerned for Alex when I first saw the Tweet, and I called him to check in right away. It seemed to me, by the tone of his voice, that Alex was rattled. He even admitted to being upset, saying words to the effect of "Greg, I am so upset about this." Alex did not come across with the usual confidence and positivity that I see as being his usual demeanour. He was, at the time, away, taking a break, which I understood to be a response to his distress. Alex seemed very distressed.

Since the Tweet I recall seeing various posts and news reports about Mr Latham's responses to the criticism that followed. I also recall reports of Mr Latham speaking with Chris Smith on a radio show. Following the Tweet, Alex became more sensitive to external pressure. His general demeanour following the Tweet changed to a more flattened mood. I have spoken to Alex at length about these issues and I am concerned about his emotional health.

Mr Latham's publications left a mark on Alex in a way that I have not observed from any other criticisms or attacks on Alex during his time in Parliament.

THE PLEADED CASE

109 By a statement of claim filed on 29 May 2023, Mr Greenwich pleaded (and Mr Latham in his defence denied) that the primary tweet:

(a) carried the imputation that he "engages in disgusting sexual activities"; and
(b) to persons who were aware of the Metcalfe tweet and knew that Mr Greenwich is a member of the NSW Parliament, carried by way of true innuendo the imputation that

Greenwich v Latham [2024] FCA 1050
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